As Introduced
136th General Assembly
Regular Session S. B. No. 395
2025-2026
Senator Blessing
To amend sections 111.27, 3501.01, 3501.06, 3501.22, 3501.23, 3505.03, 3505.04, 3505.08, 3505.10, 3505.23, 3505.27, 3505.33, 3505.34, 3505.35, 3505.36, 3505.37, 3506.11, 3509.03, 3509.04, 3511.02, 3511.05, 3513.01, 3513.02, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 3513.08, 3513.10, 3513.12, 3513.121, 3513.13, 3513.14, 3513.15, 3513.18, 3513.19, 3513.20, 3513.22, 3513.24, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, 3513.261, 3513.263, 3513.30, 3513.31, 3513.311, 3513.32, 3513.33, 3517.01, 3517.012, 3517.016, 3517.02, and 3517.03; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 3513.041 (3505.101); to enact section 3505.301; and to repeal sections 3513.16, 3513.191, 3513.192, 3513.23, 3513.256, 3513.262, 3513.28, 3513.301, 3513.312, 3517.013, and 3517.014 of the Revised Code to implement a top-three primary election system and a consensus choice general election system for congressional, state, and local offices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 111.27, 3501.01, 3501.06, 3501.22, 3501.23, 3505.03, 3505.04, 3505.08, 3505.10, 3505.23, 3505.27, 3505.33, 3505.34, 3505.35, 3505.36, 3505.37, 3506.11, 3509.03, 3509.04, 3511.02, 3511.05, 3513.01, 3513.02, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 3513.08, 3513.10, 3513.12, 3513.121, 3513.13, 3513.14, 3513.15, 3513.18, 3513.19, 3513.20, 3513.22, 3513.24, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, 3513.261, 3513.263, 3513.30, 3513.31, 3513.311, 3513.32, 3513.33, 3517.01, 3517.012, 3517.016, 3517.02, and 3517.03 be amended; section 3513.041 (3505.101) be amended for the purpose of adopting a new section number as indicated in parentheses; and section 3505.301 of the Revised Code be enacted to read as follows:
Sec.
111.27. There
is hereby established in the state treasury the board of elections
fund. The fund shall be used by the secretary of state to provide
advancements, subject to recoupment, or to reimburse boards of
elections pursuant to sections 3513.301,
3513.312, 3515.071,
and 3521.03 of the Revised Code, and to provide training and
educational programs for members and employees of boards of
elections. The fund shall receive transfers of cash pursuant to
controlling board action.
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 May or November, on the first Tuesday after the first Monday in August in accordance with section 3501.022 of the Revised Code, 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 May, except as authorized by a municipal or county charter, but may be held on the third 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
holding party primaries.
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) "Party primary" means a primary election at which members of a political party are elected to partisan office.
(3)
"Presidential
primary election" means a party
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
and to party primaries.
In years in which a presidential primary election is held, all
primary elections shall be held on the third 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 not less than twenty per cent of
the total vote cast for such office at the most recent regular state
election.
(2) "Minor political party" means any political party organized under the laws of this state that meets either of the following requirements:
(a)
Except as otherwise provided in this division, the political party's
candidate
for governor or nominees
for presidential electors received less than twenty per cent but not
less than three per cent of the total vote cast for such office at
the most recent regular state election. A political party that meets
the requirements of this division remains a political party for a
period of four years after meeting those requirements.
(b) The political party has filed with the secretary of state, subsequent to its failure to meet the requirements of division (F)(2)(a) of this section, a petition that meets the requirements of section 3517.01 of the Revised Code.
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
president
at
the most recent regular state election at which a governor
president
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 judge of a municipal court, county court, or court of common pleas, 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 and who has been certified to appear on the office-type ballot at a general or special election as the nominee of a political party because the candidate has won the primary election of the candidate's party for the public office the candidate seeks, has been nominated under section 3517.012, 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 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:
(1) Secretary of state;
(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 election officials;
(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, date of birth, or United States citizenship, the number of the elector's Ohio driver's license or state identification card, the last four digits of the elector's social security number, or any other information required for registration. The notice shall be sent by forwardable mail, shall be accompanied by a postage prepaid, preaddressed return envelope containing a form on which the elector may verify or correct the elector's registration, and shall meet the requirements of the National Voter Registration Act of 1993.
(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 behavioral health, the department of developmental disabilities, the opportunities for Ohioans with disabilities agency, 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)(1) "Photo identification" means one of the following documents that includes the individual's name and photograph and is not expired:
(a) An Ohio driver's license, state identification card, or interim identification form issued by the registrar of motor vehicles or a deputy registrar under Chapter 4506. or 4507. of the Revised Code;
(b) A United States passport or passport card;
(c) A United States military identification card, Ohio national guard identification card, or United States department of veterans affairs identification card.
(2) A "copy" of an individual's photo identification means images of both the front and back of a document described in division (AA)(1) of this section, except that if the document is a United States passport, a copy of the photo identification means an image of the passport's identification page that includes the individual's name, photograph, and other identifying information and the passport's expiration date.
(BB) "Driver's license" means a license or permit issued by the registrar or a deputy registrar under Chapter 4506. or 4507. of the Revised Code that authorizes an individual to drive. "Driver's license" includes a driver's license, commercial driver's license, probationary license, restricted license, motorcycle operator's license, or temporary instruction permit identification card. "Driver's license" does not include a limited term license issued under section 4506.14 or 4507.09 of the Revised Code.
(CC) "State identification card" means a card issued by the registrar or a deputy registrar under sections 4507.50 to 4507.52 of the Revised Code.
(DD) "Interim identification form" means the document issued by the registrar or a deputy registrar to an applicant for a driver's license or state identification card that contains all of the information otherwise found on the license or card and that an applicant may use as a form of identification until the physical license or card arrives in the mail.
(EE)(1) "Proof of citizenship" means evidence that an individual is a United States citizen, in the form of one of the following:
(a) The number of the individual's current Ohio driver's license or state identification card, if the secretary of state verifies using information obtained from the bureau of motor vehicles that the individual has submitted documentation to the bureau that indicates that the individual is a United States citizen;
(b) The individual's current Ohio driver's license, state identification card, or interim identification form issued on or after April 7, 2023, or a copy of the front and back of that license, card, or form, if the license, card, or form does not include a notation designating that the individual is a noncitizen of the United States;
(c) The individual's birth certificate, certification of report of birth, or consular report of birth abroad, or a copy of one of those documents;
(d) The individual's current United States passport or passport card, a copy of the identification page of the passport, or a copy of the front and back of the passport card;
(e) The individual's certificate of naturalization or certificate of citizenship or a copy of one of those documents;
(f) The individual's I-797 notice of action for form N-565, application for replacement naturalization/citizenship document issued by United States citizenship and immigration services, if the notice indicates that the application has been approved; a copy of that notice; or an original or copy of the successor form of that notice issued by the federal agency that is responsible for fulfilling requests for replacement naturalization or citizenship documents.
(2) If an individual's current legal name is different from the name on the individual's proof of citizenship, the individual also shall provide proof of the change of name, such as a copy of a marriage license or court order.
(FF) "Voter-nominated office" means a congressional or state elective office for which a candidate may choose to have the candidate's party preference or lack of party preference indicated upon the ballot. The following offices are voter-nominated offices:
(1) Governor;
(2) Lieutenant governor;
(3) Secretary of state;
(4) Treasurer of state;
(5) Attorney general;
(6) Member of the senate of the United States;
(7) Member of the United States house of representatives;
(8) Member of the Ohio senate;
(9) Member of the Ohio house of representatives.
(GG) "Nonpartisan office" means an elective office, except for a voter-nominated office, for which no party may nominate a candidate. The following offices are nonpartisan offices:
(1) Judicial offices;
(2) Member of a board of education;
(3) County offices, except for elective offices within a political party as described in section 3517.03 of the Revised Code;
(4) Municipal offices;
(5) Township offices.
(HH) "Partisan office" means the office of member of a political party's controlling committee or the office of delegate or alternate to a political party's national convention.
(II) "Consensus choice" means a candidate who wins each of the candidate's pairings in a general election held in connection to a preceding top-three primary election.
(JJ) "Margin of loss" means, for a losing candidate in a given pairing in a general election, the number of voters who indicated a preference for the winning candidate over the losing candidate minus the number of voters who indicated a preference for the losing candidate over the winning candidate.
Sec. 3501.06. (A) There shall be in each county of the state a board of elections consisting of four qualified electors of the county, who shall be appointed by the secretary of state, as the secretary's representatives.
(B)(1) On the first day of March in the years 2014 and 2016, the secretary of state shall appoint two of such board members for a term of three years. One of those board members shall be from the political party which cast the highest number of votes for the office of governor at the most recent regular state election, and the other shall be from the political party which cast the next highest number of votes for the office of governor at such election.
(2)
Beginning in 2017, on the first day of March in odd-numbered years,
the secretary of state shall appoint two of such board members for a
term of four years. One of those board members shall be from the
political party which cast the highest number of votes in
this state for
the office of governor
president
at
the most recent regular state election
at which a person was elected to such office,
and the other shall be from the political party which cast the next
highest number of votes in
this state for
the office of governor
president
at
such election. Thereafter, all appointments shall be made on the
first day of March in odd-numbered years for a term of four years.
(C)
All vacancies filled for unexpired terms and all appointments to new
terms shall be made from the political party to which the vacating or
outgoing member belonged, unless there is a third political party
which cast a greater number of votes in the state at the most recent
regular state election for the office of governor
president
than
did the party to which the retiring member belonged, in which event
the vacancy shall be filled from such third party.
Sec. 3501.22. (A)(1) Except as otherwise provided in division (A)(2) of this section, on or before the fifteenth day of September in each year, the board of elections by a majority vote shall, after careful examination and investigation as to their qualifications, appoint for each election precinct four residents of the county in which the precinct is located, as precinct election officials. Except as otherwise provided in division (C) of this section, all precinct election officials shall be qualified electors. The precinct election officials shall constitute the election officers of the precinct. Not more than one-half of the total number of precinct election officials shall be members of the same political party. The term of such precinct officers shall be for one year. The board may, at any time, designate any number of election officers, not more than one-half of whom shall be members of the same political party, to perform their duties at any precinct in any election. The board may appoint additional officials, equally divided between the two major political parties, when necessary to expedite voting. If the board of elections determines that four precinct election officials are not required in a precinct for a special election, the board of elections may select two of the precinct's election officers, who are not members of the same political party, to serve as the precinct election officials for that precinct in that special election.
Vacancies for unexpired terms shall be filled by the board. When new precincts have been created, the board shall appoint precinct election officials for those precincts for the unexpired term. Any precinct election official may be summarily removed from office at any time by the board for neglect of duty, malfeasance, or misconduct in office or for any other good and sufficient reason.
Precinct election officials shall perform all of the duties provided by law for receiving the ballots and supplies, opening and closing the polls, and overseeing the casting of ballots during the time the polls are open, and any other duties required by section 3501.26 of the Revised Code.
A board of elections may designate two precinct election officials as counting officials to count and tally the votes cast and certify the results of the election at each precinct, and perform other duties as provided by law. To expedite the counting of votes at each precinct, the board may appoint additional officials, not more than one-half of whom shall be members of the same political party.
Except as otherwise provided in division (A)(2) of this section, the board shall designate one of the precinct election officials who is a member of the dominant political party to serve as a voting location manager, whose duty it is to deliver the returns of the election and all supplies to the office of the board. For these services, the voting location manager shall receive additional compensation in an amount, consistent with section 3501.28 of the Revised Code, determined by the board of elections.
The board shall issue to each precinct election official a certificate of appointment, which the official shall present to the voting location manager at the time the polls are opened.
(2) If the board of elections, by a vote of at least three members of the board, opts to have a single voting location serve more than one precinct, the board may do any of the following:
(a)
Designate a single voting location manager for the voting location.
The voting location manager shall be a member of the political party
whose candidate received the highest number of votes for governor
president
at
the most recent general election for that office in the precincts
whose polling places are located at the applicable voting location,
when tallying the combined vote for governor
president
in
all such precincts.
(b) Combine the pollbooks for those precincts to create a single pollbook for the voting location;
(c) If electronic pollbooks are being used in the voting location, as described in section 3506.021 of the Revised Code, appoint not less than two precinct election officials for each precinct, so long as the board approves the decision to reduce the number of precinct election officials by the affirmative vote of at least three of its members.
(B) If the board of elections determines that not enough qualified electors in a precinct are available to serve as precinct officers, it may appoint persons to serve as precinct officers at a primary, special, or general election who are at least seventeen years of age and are registered to vote in accordance with section 3503.07 of the Revised Code.
(C)(1) A board of elections, in conjunction with the board of education of a city, local, or exempted village school district, the governing authority of a community school established under Chapter 3314. of the Revised Code, or the chief administrator of a nonpublic school may establish a program permitting certain high school students to apply and, if appointed by the board of elections, to serve as precinct officers at a primary, special, or general election.
In addition to the requirements established by division (C)(2) of this section, a board of education, governing authority, or chief administrator that establishes a program under this division in conjunction with a board of elections may establish additional criteria that students shall meet to be eligible to participate in that program.
(2)(a) To be eligible to participate in a program established under division (C)(1) of this section, a student shall be a United States citizen, a resident of the county, and at least seventeen years of age.
(b) Any student applying to participate in a program established under division (C)(1) of this section, as part of the student's application process, shall declare the student's political party affiliation with the board of elections.
(3) No student appointed as a precinct officer pursuant to a program established under division (C)(1) of this section shall be designated as a voting location manager.
(4) Any student participating in a program established under division (C)(1) of this section shall be excused for that student's absence from school on the day of an election at which the student is serving as a precinct officer.
(D) In any precinct with six or more precinct officers, up to two students participating in a program established under division (C)(1) of this section who are under eighteen years of age may serve as precinct officers. Not more than one precinct officer in any given precinct with fewer than six precinct officers shall be under eighteen years of age.
Sec.
3501.23. A
board of elections shall, by the adoption of a resolution, provide
that, at any special election at which no candidates are to be
elected,
or at any primary election when only one party primary is to be held
for the nomination of candidates for municipal office which is to be
held in its county,
the precinct officials at any such election shall consist of not more
than four judges who shall perform all the duties prescribed for the
proper conduct of an election by precinct officials. Such precinct
officials shall be well qualified for the performance of their duties
and said precinct officials for any special election shall be
selected from among those regularly appointed under section 3501.22
of the Revised Code, but the precinct officials for any party primary
election shall be selected from among those regularly appointed under
such section, provided that such officials shall be equally divided
between the two major political parties.
Sec.
3505.03. (A)
On the office type ballot shall be printed the names of all
candidates for election to voter-nominated
offices,
except the office of judge of a municipal court, county court, or
court of common pleas, who were nominated at the most recent primary
election as candidates of a political party or who were nominated in
accordance with section 3513.02 of the Revised Code, and the names of
all candidates for election to offices who were nominated by
nominating petitions, except candidates for the office of judge of a
municipal court, county court, or court of common pleas, for member
of a board of education, for municipal offices, and for township
offices.
(B) The face of the ballot below the stub shall be substantially in the following form:
"OFFICIAL OFFICE TYPE BALLOT
(1) To vote for a candidate record your vote in the manner provided next to the name of such candidate.
(2) If you tear, soil, deface, or erroneously mark this ballot, return it to the precinct election officers or, if you cannot return it, notify the precinct election officers, and obtain another ballot."
(C)
The order in which the offices shall be listed on the ballot shall be
prescribed by, and certified to each board of elections by, the
secretary of state; provided that for state, district, and county
offices the order from top to bottom shall be as follows: governor
and lieutenant governor, attorney general, auditor of state,
secretary of state, treasurer of state, chief justice of the supreme
court, justice of the supreme court, United States senator,
representative to congress, state senator, and
state
representative,
judge of a court of appeals, county commissioner, county auditor,
prosecuting attorney, clerk of the court of common pleas, sheriff,
county recorder, county treasurer, county engineer, and coroner.
The offices of governor and lieutenant governor shall be printed on
the ballot in a manner that requires a voter to cast one vote jointly
for the candidates who have been nominated by
the same political party or petition
together.
(D)
Within the rectangular space within which the title of each judicial
office listed in division (C) of this section is printed on the
ballot and immediately below the title shall be printed the date of
the commencement of the term of the office, if it is a full term, as
follows: "Full term commencing _______(Date)_______," or
the date of the end of the term of the office, if it is an unexpired
term, as follows: "Unexpired term ending _______(Date)________"
(E)(1)
The names of all candidates for an office shall be arranged in a
group under the title of that office, and, except for absentee
ballots or when the number of candidates for a particular office is
the same as the number of candidates to be elected for that office,
shall be rotated from one precinct to another. On absentee ballots,
the names of all candidates for an office shall be arranged in a
group under the title of that office and shall be so alternated that
each name shall appear, insofar as may be reasonably possible,
substantially an equal number of times at the beginning, at the end,
and in each intermediate place, if any, of the group in which such
name belongs, unless the number of candidates for a particular office
is the same as the number of candidates to be elected for that
office.
(2)
The method of printing the ballots to meet the rotation requirement
of this section shall be as follows: the least common multiple of the
number of names in each of the several groups of candidates shall be
used, and the number of changes made in the printer's forms in
printing the ballots shall correspond with that multiple. The board
of elections shall number all precincts in regular serial sequence.
In the first precinct, the names of the candidates in each group
shall be listed in alphabetical order. In each succeeding precinct,
the name in each group that is listed first in the preceding precinct
shall be listed last, and the name of each candidate shall be moved
up one place. In each precinct using paper ballots, the printed
ballots shall then be assembled in tablets.(D)(1)(a)
Except as otherwise provided in division (D)(2) of this section,
under the title of each office, the names of the candidates for that
office shall be arranged in pairs, such that the ballot displays
every possible unique pairing of the candidates' names. The two names
in each pair shall be separated by a solid line with one name printed
above the other. An enclosed blank rectangular space shall be
provided at the left of each name.
(b) For each pairing, the ballot shall direct the voter to indicate which of the two candidates the voter prefers by marking the space provided next to the preferred candidate. The ballot shall inform the voter that the voter may express a preference for not more than one candidate in each pair and is not required to express a preference in every pair. If a voter marks both candidates in a pair or otherwise marks the ballot in a way that does not clearly indicate a preference in a pair, the ballot shall be treated as indicating no preference for that pair.
(c) The candidate who receives more indications of preference than the other candidate in a given pair is considered to have won that pairing. If a candidate wins each of the candidate's pairings, that candidate is the consensus choice and winner of the election. If no candidate wins each of the candidate's pairings, the candidate with the smallest margin of loss is the winner of the election. If two or more candidates tie for the smallest margin of loss, the tie shall be resolved as follows:
(i) If a board of elections is to declare the results of the election, the tie shall be resolved by lot by the chairperson of the board in the presence of all of the members of the board.
(ii) If the secretary of state is to declare the results of the election, the tie shall be resolved by lot by the secretary of state in the presence of the governor, the auditor of state, and the attorney general, who at the request of the secretary of state shall assemble to witness the drawing of the lot.
(iii) If the general assembly is to declare the results of the election, the winning candidate shall be declared elected by a majority of the votes of all of the members of the senate and the house of representatives of the general assembly.
(d) The order in which each candidate's name in a pair of candidates appears on the ballots shall be alternated so that, insofar as is reasonably possible, each candidate's name appears first in the pair substantially an equal number of times. The order in which each pair of candidates appears on the ballots shall be alternated so that, insofar as is reasonably possible, each pair appears in each position in the list of pairs substantially an equal number of times.
(2)(a) If the number of candidates for an office does not exceed the number of candidates to be elected to the office, the names of the candidates for the office shall be arranged in a group under the title of the office. The ballot shall direct the voter to indicate a number of preferred candidates that does not exceed the number of candidates to be elected.
(b) If more than one candidate appears on the ballots, the order in which each candidate appears shall be alternated so that, insofar as is reasonably possible, each candidate appears in each position in the list of candidates substantially an equal number of times.
(F)(E)
Under the name of each candidate nominated
at a primary election, nominated by petition under section 3517.012
of the Revised Code, or certified by a party committee to fill a
vacancy under section 3513.31 of the Revised Code shall
be printed, in less prominent type face than that in which the
candidate's name is printed, "Preference:"
followed by the
name of the political party by
which the
candidate
was nominated or certified. Under the name of each candidate
appearing on the ballot who filed a nominating petition and requested
a ballot designation as a nonparty candidate under section 3513.257
of the Revised Code shall be printed, in less prominent type face
than that in which the candidate's name is printed, the designation
of "nonparty candidate." Under the name of each candidate
appearing on the ballot who filed a nominating petition and requested
a ballot designation as an other-party candidate under section
3513.257 of the Revised Code shall be printed, in less prominent type
face than that in which the candidate's name is printed, the
designation of "other-party candidate." No designation
shall appear under the name of a candidate appearing on the ballot
who filed a nominating petition and requested that no ballot
designation appear under the candidate's name under section 3513.257
of the Revised Code, or who filed a nominating petition and failed to
request a ballot designation either as a nonparty candidate or as an
other-party candidate under that section.
declared as the candidate's preferred party in the candidate's
declaration of candidacy or, in the case of a candidate who declared
a preference for no political party in the candidate's declaration of
candidacy, the phrase, "No political party preference."
(G)
(F)
Except
as provided in this section, no words, designations, or emblems
descriptive of a candidate or the candidate's political affiliation,
or indicative of the method by which the candidate was nominated or
certified, shall be printed under or after a candidate's name that is
printed on the ballot.
Sec.
3505.04. On
the nonpartisan ballot shall be printed the names of all nonpartisan
candidates
for election to
the office of judge of a municipal court, county court, or court of
common pleas, the office of member of a board of education, municipal
or township offices for municipal corporations and townships in which
primary elections are not held for nomination of candidates by
political parties, and municipal offices of municipal corporations
having charters which provide for separate ballots for elections for
such municipal offices
nonpartisan offices.
Such ballots shall have printed across the top, and below the stubs, "Official Nonpartisan Ballot."
The
order in which the offices are listed on the ballot shall be
prescribed by, and certified to each board of elections by, the
secretary of state; provided that state,
district, and county
judicial offices shall be listed first on the ballot, followed by
other county offices,
municipal and township offices, and by
offices
of member of a board of education, in the order stated.
Within the rectangular space within which the title of each judicial office is printed on the ballot and immediately below such title shall be printed the date of the commencement of the term of the office, if a full term, as follows: "Full term commencing _______(Date)_______," or the date of the end of the term of the office, if an unexpired term, as follows: "Unexpired term ending _______(Date)________." The candidates for each term so designated shall be candidates for that term only, unless two or more new judgeships have been created, in which case from all candidates for a newly created judgeship those receiving the highest number of votes shall be nominated.
Within the rectangular space within which the title of each office for member of a board of education is printed on the ballot shall be printed "For Member of Board of Education," and the number to be elected, directions to the voter as to voting for one, two, or more, and, if the office to be voted for is member of a board of education of a city school district, words shall be printed in said space on the ballot to indicate whether candidates are to be elected from subdistricts or at large.
The
names of all nonpartisan candidates for an office shall be arranged
in a group under the title of that office, and shall be,
rotated,
and printed on the ballot as provided in
division (D) of
section 3505.03 of the Revised Code.
No name or designation of any political party nor any words, designations, or emblems descriptive of a candidate or the candidate's political affiliation, or indicative of the method by which such candidate was nominated or certified, shall be printed under or after any nonpartisan candidate's name which is printed on the ballot.
Sec. 3505.08. (A) Ballots shall be provided by the board of elections for all general and special elections. The ballots shall be printed with black ink on No. 2 white book paper fifty pounds in weight per ream assuming such ream to consist of five hundred sheets of such paper twenty-five by thirty-eight inches in size. Each ballot shall have attached at the top two stubs, each of the width of the ballot and not less than one-half inch in length, except that, if the board of elections has an alternate method to account for the ballots that the secretary of state has authorized, each ballot may have only one stub that shall be the width of the ballot and not less than one-half inch in length. In the case of ballots with two stubs, the stubs shall be separated from the ballot and from each other by perforated lines. The top stub shall be known as Stub B and shall have printed on its face "Stub B." The other stub shall be known as Stub A and shall have printed on its face "Stub A." Each stub shall also have printed on its face "Consecutive Number __________"
Each
ballot of each kind of ballot provided for use in each precinct shall
be numbered consecutively beginning with number 1 by printing such
number upon both of the stubs attached to the ballot. On ballots
bearing the names of candidates, each candidate's name shall be
printed in twelve point boldface upper case type in an enclosed
rectangular space, and an enclosed blank rectangular space shall be
provided at the left of the candidate's name. The name of the
any
political
party of
a candidate nominated at a primary election, nominated by petition
under section 3517.012 of the Revised Code, or certified by a party
committee appearing
under a candidate's name shall
be printed in ten point lightface upper and lower case type and shall
be separated by a two point blank space. The name of each candidate
shall be indented one space within the enclosed rectangular space,
and the name of the political party shall be indented two spaces
within the enclosed rectangular space.
The title of each office on the ballots shall be printed in twelve point boldface upper and lower case type in a separate enclosed rectangular space. A four point rule shall separate the name of a candidate or a group of candidates for the same office from the title of the office next appearing below on the ballot; a two point rule shall separate the title of the office from the names of candidates; and a one point rule shall separate names and pairs of names of candidates. Headings shall be printed in display Roman type. When the names of several candidates are grouped together as candidates for the same office, except when the names are grouped together as pairs, there shall be printed on the ballots immediately below the title of the office and within the separate rectangular space in which the title is printed "Vote for not more than ________," in six point boldface upper and lower case filling the blank space with that number which will indicate the number of persons who may be lawfully elected to the office.
Columns on ballots shall be separated from each other by a heavy vertical border or solid line at least one-eighth of an inch wide, and a similar vertical border or line shall enclose the left and right side of ballots. Ballots shall be trimmed along the sides close to such lines.
The ballots provided for by this section shall be comprised of four kinds of ballots designated as follows: office type ballot; nonpartisan ballot; questions and issues ballot; and presidential ballot.
On the back of each office type ballot shall be printed "Official Office Type Ballot;" on the back of each nonpartisan ballot shall be printed "Official Nonpartisan Ballot;" on the back of each questions and issues ballot shall be printed "Official Questions and Issues Ballot;" and on the back of each presidential ballot shall be printed "Official Presidential Ballot." At the end of every ballot also shall be printed the date of the election at which the ballot is used and the facsimile signatures of the members of the board of the county in which the ballot is used. For the purpose of identifying the kind of ballot, the back of every ballot may be numbered in the order the board shall determine. The numbers shall be printed in not less than thirty-six point type above the words "Official Office Type Ballot," "Official Nonpartisan Ballot," "Official Questions and Issues Ballot," or "Official Presidential Ballot," as the case may be. A ballot box bearing corresponding numbers shall be furnished for each precinct in which the above-described numbered ballots are used.
On the back of every ballot used, there shall be a solid black line printed opposite the blank rectangular space that is used to mark the choice of the voter. This line shall be printed wide enough so that the mark in the blank rectangular space will not be visible from the back side of the ballot.
Sample ballots may be printed by the board of elections for all general elections. The ballots shall be printed on colored paper, and "Sample Ballot" shall be plainly printed in boldface type on the face of each ballot. In counties of less than one hundred thousand population, the board may print not more than five hundred sample ballots; in all other counties, it may print not more than one thousand sample ballots. The sample ballots shall not be distributed by a political party or a candidate, nor shall a political party or candidate cause their title or name to be imprinted on sample ballots.
(B) Notwithstanding division (A) of this section, in approving the form of an official ballot, the secretary of state may authorize the use of fonts, type face settings, and ballot formats other than those prescribed in that division.
Sec. 3505.10. (A) On the presidential ballot below the stubs at the top of the face of the ballot shall be printed "Official Presidential Ballot" centered between the side edges of the ballot. Below "Official Presidential Ballot" shall be printed a heavy line centered between the side edges of the ballot. Below the line shall be printed "Instruction to Voters" centered between the side edges of the ballot, and below those words shall be printed the following instructions:
"(1) To vote for the candidates for president and vice-president whose names are printed below, record your vote in the manner provided next to the names of such candidates. That recording of the vote will be counted as a vote for each of the candidates for presidential elector whose names have been certified to the secretary of state and who are members of the same political party as the nominees for president and vice-president. A recording of the vote for independent candidates for president and vice-president shall be counted as a vote for the presidential electors filed by such candidates with the secretary of state.
(2) To vote for candidates for president and vice-president in the blank space below, record your vote in the manner provided and write the names of your choice for president and vice-president under the respective headings provided for those offices. Such write-in will be counted as a vote for the candidates' presidential electors whose names have been properly certified to the secretary of state.
(3) If you tear, soil, deface, or erroneously mark this ballot, return it to the precinct election officers or, if you cannot return it, notify the precinct election officers, and obtain another ballot."
(B) Below those instructions to the voter shall be printed a single vertical column of enclosed rectangular spaces equal in number to the number of presidential candidates plus one additional space for write-in candidates. Each of those rectangular spaces shall be enclosed by a heavy line along each of its four sides, and such spaces shall be separated from each other by one-half inch of open space.
In each of those enclosed rectangular spaces, except the space provided for write-in candidates, shall be printed the names of the candidates for president and vice-president certified to the secretary of state or nominated in one of the following manners:
(1) Nominated by the national convention of a political party to which delegates and alternates were elected in this state at the next preceding primary election. A political party certifying candidates so nominated shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election.
(2) Nominated by nominating petition in accordance with section 3513.257 of the Revised Code. Such a petition shall be filed on or before the ninetieth day before the day of the general election to provide sufficient time to verify the sufficiency and accuracy of signatures on it.
(3) Certified to the secretary of state for placement on the presidential ballot by authorized officials of a minor political party that has held a state or national convention for the purpose of choosing those candidates or that may, without a convention, certify those candidates in accordance with the procedure authorized by its party rules. The officials shall certify the names of those candidates to the secretary of state on or before the ninetieth day before the day of the general election. The certification shall be accompanied by a designation of a sufficient number of presidential electors to satisfy the requirements of law.
(4) Certified to the secretary of state for placement on the presidential ballot by a newly formed minor political party under division (C) of section 3517.012 of the Revised Code not later than the seventy-fifth day before the day of the general election. The certification shall be accompanied by a designation of a sufficient number of presidential electors to satisfy the requirements of law.
The
names of candidates for electors of president and vice-president
shall not be placed on the ballot, but shall be certified to the
secretary of state as required by this
section and sections
3513.11
and ,
3513.257,
and 3517.012
of the Revised Code. A vote for any candidates for president and
vice-president shall be a vote for the electors of those candidates
whose names have been certified to the secretary of state.
(C) The arrangement of the printing in each of the enclosed rectangular spaces shall be substantially as follows: Near the top and centered within the rectangular space shall be printed "For President" in ten-point boldface upper and lower case type. Below "For President" shall be printed the name of the candidate for president in twelve-point boldface upper case type. Below the name of the candidate for president shall be printed the name of the political party by which that candidate for president was nominated in eight-point lightface upper and lower case type. Below the name of such political party shall be printed "For Vice-President" in ten-point boldface upper and lower case type. Below "For Vice-President" shall be printed the name of the candidate for vice-president in twelve-point boldface upper case type. Below the name of the candidate for vice-president shall be printed the name of the political party by which that candidate for vice-president was nominated in eight-point lightface upper and lower case type. Except for candidates nominated by petition under section 3517.012 of the Revised Code, no political identification or name of any political party shall be printed below the names of presidential and vice-presidential candidates nominated by petition.
The
rectangular spaces on the ballot described in this section shall be
rotated and printed as provided in section 3505.03 of the Revised
Code.The
order in which each pair of joint candidates for president and
vice-president appears on the ballots shall be alternated so that,
insofar as is reasonably possible, each pair of joint candidates
appears in each position in the list of pairs of joint candidates
substantially an equal number of times.
(D) If more than one pair of joint candidates for president and vice-president receives the largest and an equal number of votes, the tie shall be resolved by lot by the secretary of state in the presence of the governor, the auditor of state, and the attorney general, who at the request of the secretary of state shall assemble to witness the drawing of the lot.
Sec.
3513.041
3505.101.
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. (A)
A pair of qualified persons may be write-in candidates for president
and vice-president of the United States by filing a joint declaration
of intent to be write-in candidates under this section. Write-in
votes shall not be counted for any candidate
joint
candidates who
has
have
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
(B)
Joint candidates for president and vice-president of the United
States shall
file a declaration of intent to be a
write-in
candidate before four p.m. of the seventy-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
candidates
with the secretary of state,
on a form prescribed by the secretary of state,
before four p.m. of the seventy-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 that
seventy-second day ,
along with 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, 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 county office.
(C)
Protests
against the candidacy of any person filing a declaration of intent to
be a write-in candidate may be filed with
the secretary of state 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
sixty-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 secretary
of state 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
secretary
of state shall
hear the protest and determine the validity or invalidity of the
declaration of intent to be a write-in candidate. If the board
secretary
of state finds
that the
either
candidate
is not an
elector of the state, district, county, or political subdivision in
which the candidate seeks election to office eligible
for the office of president or vice-president of the United States 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
secretary
of state is
final.
The
secretary of state shall prescribe the form of the declaration of
intent to be a write-in candidate.
Sec. 3505.23. Except as otherwise provided in this section, no voter shall be allowed to occupy a voting compartment or use a voting machine more than ten minutes when all the voting compartments or machines are in use and voters are waiting to occupy them. The ten-minute time limit shall not apply to any person who requires the use of an accessible voting machine as required under the "Help America Vote Act of 2002," 116 Stat. 1704, 42 U.S.C. 15481.
Except as otherwise provided by section 3505.24 of the Revised Code, no voter shall occupy a voting compartment or machine with another person or speak to anyone, nor shall anyone speak to the voter, while the voter is in a voting compartment or machine.
In precincts that do not use voting machines the following procedure shall be followed:
If a voter tears, soils, defaces, or erroneously marks a ballot the voter may return it to the precinct election officials and a second ballot shall be issued to the voter. Before returning a torn, soiled, defaced, or erroneously marked ballot, the voter shall fold it so as to conceal any marks the voter made upon it, but the voter shall not remove Stub A therefrom. If the voter tears, soils, defaces, or erroneously marks such second ballot, the voter may return it to the precinct election officials, and a third ballot shall be issued to the voter. In no case shall more than three ballots be issued to a voter. Upon receiving a returned torn, soiled, defaced, or erroneously marked ballot the precinct election officials shall detach Stub A therefrom, write "Defaced" on the back of such ballot, and place the stub and the ballot in the separate containers provided therefor.
No elector shall leave the polling place until the elector returns to the precinct election officials every ballot issued to the elector with Stub A on each ballot attached thereto, regardless of whether the elector has or has not placed any marks upon the ballot.
Before leaving the voting compartment, the voter shall fold each ballot marked by the voter so that no part of the face of the ballot is visible, and so that the printing thereon indicating the kind of ballot it is and the facsimile signatures of the members of the board of elections are visible. The voter shall then leave the voting compartment, deliver the voter's ballots, and state the voter's name to the precinct election official having charge of the ballot box, who shall announce the name, detach Stub A from each ballot, and announce the number on the stubs. The precinct election officials in charge of the poll lists or poll books shall check to ascertain whether the number so announced is the number on Stub B of the ballots issued to such voter, and if no discrepancy appears to exist, the precinct election official in charge of the ballot box shall, in the presence of the voter, deposit each such ballot in the ballot box and shall place Stub A from each ballot in the container provided therefor. The voter shall then immediately leave the polling place.
No ballot delivered by a voter to the precinct election official in charge of the ballot box with Stub A detached therefrom, and only ballots provided in accordance with Title XXXV of the Revised Code, shall be voted or deposited in the ballot box.
In marking a presidential ballot, the voter shall record the vote in the manner provided on the ballot next to the names of the candidates for the offices of president and vice-president. Such ballot shall be considered and counted as a vote for each of the candidates for election as presidential elector whose names were certified to the secretary of state by the political party of such nominees for president and vice-president.
In
marking an office type ballot or nonpartisan ballot, the voter shall
record the vote in the manner provided on the ballot
next to the name of each candidate for whom the voter desires to
vote.
In marking a primary election ballot, the voter shall record the vote in the manner provided on the ballot next to the name of each candidate for whom the voter desires to vote. If the voter desires to vote for the nomination of a person whose name is not printed on the primary election ballot, the voter may do so by writing such person's name on the ballot in the proper place provided for such purpose.
In marking a questions and issues ballot, the voter shall record the vote in the manner provided on the ballot at the left or at the right of "YES" or "NO" or other words of similar import which are printed on the ballot to enable the voter to indicate how the voter votes in connection with each question or issue upon which the voter desires to vote.
In marking any ballot on which a blank space has been provided wherein an elector may write in the name of a person for whom the elector desires to vote, the elector shall write such person's name in such blank space and on no other place on the ballot. Unless specific provision is made by statute, no blank space shall be provided on a ballot for write-in votes, and any names written on a ballot other than in a blank space provided therefor shall not be counted or recorded.
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 observers;
(B) The recording on a worksheet or other appropriate document of the number of votes cast or preferences indicated for each candidate, as applicable, 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 or preferences indicated for each candidate, as applicable, 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 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. 3505.301. (A) For each voter-nominated office and each nonpartisan office to be filled at a general election in the manner described in division (D)(1) of section 3505.03 of the Revised Code, the secretary of state shall make available to the public the following reports:
(1) A summary report that lists, for each pair of candidates, the number of voters who preferred the first candidate to the second and the number of voters who preferred the second candidate to the first. The report also shall identify the consensus choice if one exists. If no consensus choice exists, the report shall identify the candidate or candidates with the smallest margin of loss.
(2) A ballot image report that lists, for each ballot, the voter's indicated preference in each candidate pairing, the precinct of the ballot, and whether the ballot was cast in person or by mail. In the report, the ballots shall be listed in a manner that does not permit the order in which they were cast in each precinct to be reconstructed.
(3) A comprehensive report that lists for each precinct and for each pair of candidates all of the following information:
(a) The number of ballots preferring the first candidate to the second;
(b) The number of ballots preferring the second candidate to the first;
(c) The number of ballots that indicated no preference for that comparison.
(B) As soon as practicable after the close of the polls, the secretary of state shall make preliminary versions of the summary report and ballot image report available to the public in a plain text electronic format on the secretary of state's official web site. When the results of the election are declared, the secretary of state shall make the summary report, ballot image report, and comprehensive report available to the public on the secretary of state's official web site in a plain text electronic format.
Sec.
3505.33. When
the board of elections has completed the canvass of the election
returns from the precincts in its county, in which electors were
entitled to vote at any general or special election, it shall
determine and declare the results of the elections determined by the
electors of such county or of a district or subdivision within such
county. If
more than the number of candidates to be elected to an office
received the largest and an equal number of votes, such tie shall be
resolved by lot by the chairperson of the board in the presence of a
majority of the members of the board. Such
declaration shall be in writing and shall be signed by at least a
majority of the members of the board. It shall bear the date of the
day upon which it is made, and a copy thereof shall be posted by the
board in a conspicuous place in its office. The board shall keep such
copy posted for a period of at least five days.
Thereupon the board shall promptly certify abstracts of the results of such elections within its county, in such forms as the secretary of state prescribes. Such forms shall be designated and shall contain abstracts as follows:
Form No. 1. An abstract of the votes cast for the office of president and vice-president of the United States.
Form No. 2. An abstract of the votes cast for the office of governor and lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, chief justice of the supreme court of Ohio, judge of the supreme court of Ohio, member of the senate of the congress of the United States, member at large of the house of representatives of the congress of the United States, district member of the house of representatives of the congress of the United States, and an abstract of the votes cast upon each question or issue submitted at such election to electors throughout the entire state.
Form No. 3. An abstract of the votes cast for the office of member of the senate of the general assembly, and member of the house of representatives of the general assembly.
Form No. 4. A report of the votes cast for judge of the court of appeals, judge of the court of common pleas, judge of the probate court, judge of the county court, county commissioner, county auditor, prosecuting attorney, clerk of the court of common pleas, sheriff, county recorder, county treasurer, county engineer, and coroner.
Form No. 5. A report of the votes cast upon all questions and issues other than such questions and issues which were submitted to electors throughout the entire state.
Form No. 6. A report of the votes cast for municipal offices, judge of the municipal court, township offices, and the office of member of a board of education.
One copy of each of these forms shall be kept in the office of the board. One copy of each of these forms shall promptly be sent to the secretary of state, who shall place the records contained in forms No. 1, No. 2, No. 3, No. 4, and No. 6 in electronic format. One copy of Form No. 2 shall promptly be sent by electronic mail to the president of the senate of the general assembly. The board shall also at once upon completion of the official count send a certified copy of that part of each of the forms which pertains to an election in which only electors of a district comprised of more than one county but less than all of the counties of the state voted to the board of the most populous county in such district. It shall also at once upon completion of the official count send a certified copy of that part of each of the forms which pertains to an election in which only electors of a subdivision located partly within the county voted to the board of the county in which the major portion of the population of such subdivision is located.
If, after certifying and sending abstracts and parts thereof, a board finds that any such abstract or part thereof is incorrect, it shall promptly prepare, certify, and send a corrected abstract or part thereof to take the place of each incorrect abstract or part thereof theretofore certified and sent.
Sec.
3505.34. During
the first week of the regular session of the general assembly
following a regular state election, the president of the senate, in
the presence of a majority of the members of each house of the
general assembly, shall open, announce, and canvass the abstracts of
the votes cast for the offices of governor and lieutenant governor,
secretary of state, auditor of state, treasurer of state, and
attorney general, as contained in the Form No. 2 sent to the
president of the senate as required by section 3505.33 of the Revised
Code, and shall determine and declare the results of such election
for such offices. The
joint candidates for governor and lieutenant governor and the
candidate for each other office who received the largest number of
votes shall be declared elected to such office. If two or more
candidates for election to the same office, or two or more sets of
joint candidates for governor and lieutenant governor, receive the
largest and an equal number of votes, one of them, or one set of
joint candidates for governor and lieutenant governor, shall be
declared elected to such office by a majority of the votes of all of
the members of the senate and the house of representatives of the
general assembly. If
said Form No. 2 has not at such time been received by the president
of the senate from the board of elections of any county, the
secretary of state, upon request of the president of the senate,
shall furnish to the president of the senate such copies of said Form
No. 2 as have not been received by the president of the senate. When
said canvass has been completed and the results of the election
declared, the president of the senate shall certify to the secretary
of state the names of the persons declared elected together with the
title of the office to which each has been elected, and from such
certification the secretary of state shall issue a certificate of
election to the officials declared elected and so certified to the
secretary of state. Thereupon the governor shall forthwith issue a
commission to each of the persons elected to such offices.
Sec.
3505.35. (A)
When the secretary of state has received from the board of elections
of every county in the state Form No. 2, as provided for in section
3505.33 of the Revised Code, the secretary of state shall promptly
fix the time and place for the canvass of such abstracts, and the
time fixed shall not be later than ten days after such abstracts have
been received by the secretary of state from all counties. The
secretary of state shall notify the governor, auditor of state,
attorney general, and the chairperson of the state central committee
of each political party of the time and place fixed. At such time and
in the presence of such of the persons so notified who attend, the
secretary of state shall canvass the abstracts contained in said Form
No. 2 and shall determine and declare the results of all elections in
which electors throughout the entire state voted. If
two or more candidates for election to the same office, or two or
more sets of joint candidates for governor and lieutenant governor,
receive the largest and an equal number of votes, such tie shall be
resolved by lot by the secretary of state. Such
declaration of results by the secretary of state shall be in writing
and shall be signed by the secretary of state. It shall bear the date
of the day upon which it is made, and a copy thereof shall be posted
by the secretary of state in a conspicuous place in the secretary of
state's office. The secretary of state shall keep such copy posted
for a period of at least five days.
Such declaration of results made by the secretary of state, insofar as it pertains to the offices of governor and lieutenant governor, secretary of state, auditor of state, treasurer of state, and attorney general, is only for the purpose of fixing the time of the commencement of the period of time within which applications for recounts of votes may be filed as provided by section 3515.02 of the Revised Code.
(B) When the secretary of state has received from the board of elections of every county in the state Form No. 4 and Form No. 6, as provided in section 3505.33 of the Revised Code, the secretary of state shall promptly transmit by electronic mail or other telecommunication device a copy of each form to the administrative director of the supreme court.
Sec.
3505.36. When
the board of elections of the most populous county of a district
comprised of more than one county but less than all of the counties
of the state has received from the board of every county in such
district certified copies of parts of abstracts pertaining to an
election in which only the electors of such district voted, such
board shall canvass such parts of abstracts and determine and declare
the results of the elections determined by the electors of such
district. If
more than the number of candidates to be elected to an office receive
the largest number and an equal number of votes, such tie shall be
resolved by lot by the chairman of such board in the presence of all
of the members of such board. Such
declaration of results by such board shall be in writing and shall be
signed by at least a majority of the members of such board. It shall
bear the date of the day upon which it was made, and a copy thereof
shall be posted by the board in a conspicuous place in its office.
The board shall keep such copy posted for a period of at least five
days.
Sec.
3505.37. When
the board of elections of a county in which the major portion of the
population of a subdivision located in more than one county is
located receives from the boards of each county in which other
portions of such subdivision are located parts of abstracts
pertaining to an election in which only the electors of such
subdivision voted, such board shall canvass such parts of abstracts
and determine and declare the results of the elections determined by
the electors of such subdivision. If
more than the number of candidates to be elected to an office receive
the largest number and an equal number of votes, such tie shall be
resolved by lot by the chairman of such board in the presence of a
majority of the members of such board. Such
declaration of results by such board shall be in writing and shall be
signed by at least a majority of the members of such board. It shall
bear the date of the day upon which it is made, and a copy thereof
shall be posted by such board in a conspicuous place in its office.
The board shall keep such copy posted for a period of at least five
days.
Sec.
3506.11. The
names of all candidates for an office shall be arranged in a group
under the title of the office and printed on labels so that they may
The
names of candidates shall appear and be
rotated on the voting machine in
a manner as
near
as possible to that provided
in section 3505.03 of the Revised Code,
as directed by the secretary of state.
Under
the name of each candidate nominated at a primary election, nominated
by petition under section 3517.012 of the Revised Code, or certified
by a party committee to fill a vacancy under section 3513.31 of the
Revised Code, the name of the political party that nominated or
certified the candidate shall be printed in less prominent typeface
than that in which the candidate's name is printed.
Sec. 3509.03. (A) Except as otherwise provided in sections 3509.051, 3511.02, and 3511.021 of the Revised Code, any qualified elector desiring to vote absent voter's ballots at an election shall deliver a written application for those ballots, either in person or by mail, to the board of elections of the county in which the elector's voting residence is located.
(B) Except as otherwise permitted under section 3511.02 of the Revised Code and under division (C) of this section, the application shall be on a form prescribed by the secretary of state and shall contain all of the following:
(1) The elector's name;
(2) The elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following:
(a) The elector's Ohio driver's license or state identification card number;
(b) The last four digits of the elector's social security number;
(c) A copy of the elector's photo identification.
(6) A statement identifying the election for which absent voter's ballots are requested;
(7) A statement that the person requesting the ballots is a qualified elector;
(8) If the request is for party primary election ballots, the elector's party affiliation;
(9) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed.
(C) If the elector has a confidential voter registration record, as described in section 111.44 of the Revised Code, the elector may provide the elector's program participant identification number instead of the address at which the elector is registered to vote.
(D) Except as otherwise provided in division (A) of section 3509.051 and in division (B) of section 3509.08 of the Revised Code, an application to receive absent voter's ballots shall be delivered to the office of the board not earlier than the first day of January of the year of the elections for which the absent voter's ballots are requested or not earlier than ninety days before the day of the election at which the ballots are to be voted, whichever is earlier, and not later than the close of business on the seventh day before the day of the election at which the ballots are to be voted.
(E) Except as permitted under section 111.31 of the Revised Code, no public office, and no public official or employee who is acting in an official capacity, shall do either of the following:
(1) Prepay the return postage for an application for absent voter's ballots;
(2) Mail or otherwise deliver an unsolicited application for absent voter's ballots to any person.
(F)(1) Except as otherwise provided in division (F)(2) of this section and in sections 3505.24 and 3509.08 of the Revised Code, no person shall preprint or fill out any portion of an application for absent voter's ballots on behalf of an applicant.
(2) The secretary of state or a board of elections may preprint only an applicant's name and address on an application for absent voter's ballots before mailing that application to the applicant, except that if the applicant has a confidential voter registration record, the secretary of state or a board of elections shall not preprint the applicant's address on the application.
(3) A completed application for absent voter's ballots is not valid if any portion of it has been completed by any person other than the applicant in violation of division (F) of this section.
Sec. 3509.04. (A) If a board of elections receives an application for absent voter's ballots that does not contain all of the required information or is not submitted on an appropriate form, the board promptly shall notify the applicant of the additional information required to be provided by the applicant to complete that application, direct the applicant to use an appropriate form, or both, as applicable.
(B) Upon receipt by the board of elections of an application for absent voter's ballots that contains all of the required information and is submitted on an appropriate form, as provided by section 3509.03 and division (G) of section 3503.16 of the Revised Code, the board, if the board finds that the applicant is a qualified elector, shall deliver to the applicant in person or mail directly to the applicant by special delivery mail, air mail, or regular mail, postage prepaid, proper absent voter's ballots. The board shall deliver or mail with the ballots an unsealed identification envelope upon the face of which shall be printed a form substantially as follows:
"Identification Envelope Statement of Voter
I, ________________________(Name of voter), declare under penalty of election falsification that the within ballot or ballots contained no voting marks of any kind when I received them, and I caused the ballot or ballots to be marked, enclosed in the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
________________________________________________________________
(Street and Number, if any, or Rural Route and Number)
of ________________________________ (City, Village, or Township) Ohio, which is in Ward _____________ Precinct ________________ in that city, village, or township.
If I have a confidential voter registration record, I am providing my program participant identification number instead of my residence address: ________________________
The party primary election ballots, if any, within this envelope are primary election ballots of the _____________ Party.
Ballots contained within this envelope are to be voted at the __________ (general, special, or primary) election to be held on the __________________________ day of ______________________, ____.
My date of birth is _______________ (Month and Day), __________ (Year).
(Voter must provide one of the following:)
My Ohio driver's license or state identification card number is _______________ (Driver's license or state identification card number).
The last four digits of my Social Security Number are _______________ (Last four digits of Social Security Number).
______ In lieu of providing a driver's license or state identification card number or the last four digits of my Social Security Number, I am enclosing a copy of my photo identification in the return envelope in which this identification envelope will be mailed.
I hereby declare, under penalty of election falsification, that the statements above are true, as I verily believe.
_________________________
(Signature of Voter)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
The board shall mail with the ballots and the unsealed identification envelope an unsealed return envelope upon the face of which shall be printed the post-office address of the board. In the upper left corner on the face of the return envelope, several blank lines shall be printed upon which the voter may write the voter's name and return address. The return envelope shall be of such size that the identification envelope can be conveniently placed within it for returning the identification envelope to the board.
No public office, and no public official or employee who is acting in an official capacity, shall prepay the return postage for any absent voter's ballots.
Except as otherwise provided in this section and in sections 3505.24 and 3509.08 of the Revised Code, an election official shall not fill out any portion of an identification envelope statement of voter or an absent voter's ballot on behalf of an elector. A board of elections may preprint only an elector's name and address on an identification envelope statement of voter before mailing absent voter's ballots to the elector, except that if the elector has a confidential voter registration record, as described in section 111.44 of the Revised Code, the board of elections shall not preprint the elector's address on the identification envelope statement of voter.
Sec. 3511.02. (A) Notwithstanding any section of the Revised Code to the contrary, whenever any person applies for registration as a voter on a form adopted in accordance with federal regulations relating to the "Uniformed and Overseas Citizens Absentee Voting Act," 100 Stat. 924, 52 U.S.C.A. 20301, this application shall be sufficient for voter registration and as a request for an absent voter's ballot. Uniformed services or overseas absent voter's ballots may be obtained by any person meeting the requirements of section 3511.011 of the Revised Code by applying electronically to the secretary of state or to the board of elections of the county in which the person's voting residence is located in accordance with section 3511.021 of the Revised Code or by applying to the board of elections of the county in which the person's voting residence is located, in one of the following ways:
(1) That person may make written application for those ballots. The person may personally deliver the application to the office of the board or may mail it, send it by facsimile machine, send it by electronic mail, send it through internet delivery if such delivery is offered by the board of elections or the secretary of state, or otherwise send it to the board. Except as otherwise provided in division (B) of this section, the application shall be on a form prescribed by the secretary of state and shall contain all of the following information:
(a) The elector's name;
(b) The elector's signature;
(c) The address at which the elector is registered to vote;
(d) The elector's date of birth;
(e) One of the following:
(i) The elector's Ohio driver's license or state identification card number;
(ii) The last four digits of the elector's social security number;
(iii) A copy of the elector's photo identification.
(f) A statement identifying the election for which absent voter's ballots are requested;
(g) A statement that the person requesting the ballots is a qualified elector;
(h) A statement that the elector is an absent uniformed services voter or overseas voter as defined in 52 U.S.C. 20310;
(i) A statement of the elector's length of residence in the state immediately preceding the commencement of service, immediately preceding the date of leaving to be with or near the service member, or immediately preceding leaving the United States, or a statement that the elector's parent or legal guardian resided in this state long enough to establish residency for voting purposes immediately preceding leaving the United States, whichever is applicable;
(j) If the request is for party primary election ballots, the elector's party affiliation;
(k) If the elector desires ballots to be mailed to the elector, the address to which those ballots shall be mailed;
(l) If the elector desires ballots to be sent to the elector by facsimile machine, the telephone number to which they shall be so sent;
(m) If the elector desires ballots to be sent to the elector by electronic mail or, if offered by the board of elections or the secretary of state, through internet delivery, the elector's electronic mail address or other internet contact information.
(2) A voter or any relative of a voter listed in division (A)(3) of this section may use a single federal post card application to apply for uniformed services or overseas absent voter's ballots for use at the primary and general elections in a given year and any special election to be held on the day in that year specified by division (E) of section 3501.01 of the Revised Code for the holding of a primary election, designated by the general assembly for the purpose of submitting constitutional amendments proposed by the general assembly to the voters of the state. A single federal postcard application shall be processed by the board of elections pursuant to section 3511.04 of the Revised Code the same as if the voter had applied separately for uniformed services or overseas absent voter's ballots for each election.
(3) Application to have uniformed services or overseas absent voter's ballots mailed or sent by facsimile machine to such a person may be made by the spouse, father, mother, father-in-law, mother-in-law, grandfather, grandmother, brother or sister of the whole blood or half blood, son, daughter, adopting parent, adopted child, stepparent, stepchild, daughter-in-law, son-in-law, uncle, aunt, nephew, or niece of such a person. The application shall be in writing upon a blank form furnished only by the board or on a single federal post card as provided in division (A)(2) of this section. The form of the application shall be prescribed by the secretary of state. The board shall furnish that blank form to any of the relatives specified in this division desiring to make the application, only upon the request of such a relative made in person at the office of the board or upon the written request of such a relative mailed to the office of the board. Except as otherwise provided in division (B) of this section, the application, subscribed and sworn to by the applicant, shall contain all of the following:
(a) The full name of the elector for whom ballots are requested;
(b) A statement that the elector is an absent uniformed services voter or overseas voter as defined in 52 U.S.C. 20310;
(c) The address at which the elector is registered to vote;
(d) A statement identifying the elector's length of residence in the state immediately preceding the commencement of service, immediately preceding the date of leaving to be with or near a service member, or immediately preceding leaving the United States, or a statement that the elector's parent or legal guardian resided in this state long enough to establish residency for voting purposes immediately preceding leaving the United States, as the case may be;
(e) The elector's date of birth;
(f) One of the following:
(i) The elector's Ohio driver's license or state identification card number;
(ii) The last four digits of the elector's social security number;
(iii) A copy of the elector's photo identification.
(g) A statement identifying the election for which absent voter's ballots are requested;
(h) A statement that the person requesting the ballots is a qualified elector;
(i) If the request is for party primary election ballots, the elector's party affiliation;
(j) A statement that the applicant bears a relationship to the elector as specified in division (A)(3) of this section;
(k) The address to which ballots shall be mailed, the telephone number to which ballots shall be sent by facsimile machine, the electronic mail address to which ballots shall be sent by electronic mail, or, if internet delivery is offered by the board of elections or the secretary of state, the internet contact information to which ballots shall be sent through internet delivery;
(l) The signature and address of the person making the application.
(B) If the elector has a confidential voter registration record, as described in section 111.44 of the Revised Code, the application may include the elector's program participant identification number instead of the address at which the elector is registered to vote.
(C) Each application for uniformed services or overseas absent voter's ballots shall be delivered to the office of the board not earlier than the first day of January of the year of the elections for which the uniformed services or overseas absent voter's ballots are requested or not earlier than ninety days before the day of the election at which the ballots are to be voted, whichever is earlier. An application to receive uniformed services or overseas absent voter's ballots by mail or by another method permitted under section 3511.021 of the Revised Code shall be delivered to the office of the board not later than the close of business on the seventh day preceding the day of the election.
(D) If the voter for whom the application is made is entitled to vote for presidential and vice-presidential electors only, the applicant shall submit to the board, in addition to the requirements of division (A) of this section, a statement to the effect that the voter is qualified to vote for presidential and vice-presidential electors and for no other offices.
(E) Except as permitted under section 111.31 of the Revised Code, no public office, and no public official or employee who is acting in an official capacity, shall do either of the following:
(1) Prepay the return postage for an application for absent voter's ballots;
(2) Mail or otherwise deliver an unsolicited application for absent voter's ballots to any person.
(F)(1) Except as otherwise provided in divisions (A)(2) and (3) and (F)(2) of this section and in sections 3505.24 and 3509.08 of the Revised Code, no person shall fill out any portion of a federal post card application or other application for absent voter's ballots on behalf of an applicant.
(2) The secretary of state or a board of elections may preprint only an applicant's name and address on a federal post card application or other application for absent voter's ballots before mailing that application to the applicant, except that if the applicant has a confidential voter registration record, the secretary of state or the board of elections shall not preprint the applicant's address on the application.
(3) A completed application for absent voter's ballots is not valid if any portion of it has been completed by any person other than the applicant in violation of division (F) of this section.
Sec. 3511.05. (A) The board of elections shall place uniformed services or overseas absent voter's ballots sent by mail in an unsealed identification envelope, gummed ready for sealing. The board shall include with uniformed services or overseas absent voter's ballots sent electronically, including by facsimile machine, an instruction sheet for preparing a gummed envelope in which the ballots shall be returned. The envelope for returning ballots sent by either means shall have printed or written on its face a form substantially as follows:
"Identification Envelope Statement of Voter
I, ________________________(Name of voter), declare under penalty of election falsification that the within ballot or ballots contained no voting marks of any kind when I received them, and I caused the ballot or ballots to be marked, enclosed in the identification envelope, and sealed in that envelope.
My voting residence in Ohio is
________________________________________________________________
(Street and Number, if any, or Rural Route and Number)
of ________________________________ (City, Village, or Township) Ohio, which is in Ward _______________ Precinct ________________ in that city, village, or township.
If I have a confidential voter registration record, I am providing my program participant identification number instead of my residence address: ________________________
The party primary election ballots, if any, within this envelope are primary election ballots of the _____________ Party.
Ballots contained within this envelope are to be voted at the __________ (general, special, or primary) election to be held on the __________________________ day of ______________________, ____
My date of birth is _______________ (Month and Day), __________ (Year).
(Voter must provide one of the following:)
My Ohio driver's license or state identification card number is _______________ (Driver's license or state identification card number).
The last four digits of my Social Security Number are _______________ (Last four digits of Social Security Number).
______ In lieu of providing a driver's license or state identification card number or the last four digits of my Social Security Number, I am enclosing a copy of my photo identification in the return envelope in which this identification envelope will be mailed.
I hereby declare, under penalty of election falsification, that the statements above are true, as I verily believe.
________________________
(Signature of Voter)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
(B) The board shall also mail with the ballots and the unsealed identification envelope sent by mail an unsealed return envelope, gummed, ready for sealing, for use by the voter in returning the voter's marked ballots to the office of the board. The board shall send with the ballots and the instruction sheet for preparing a gummed envelope sent electronically, including by facsimile machine, an instruction sheet for preparing a second gummed envelope as described in this division, for use by the voter in returning that voter's marked ballots to the board. The return envelope shall have two parallel lines, each one quarter of an inch in width, printed across its face paralleling the top, with an intervening space of one quarter of an inch between such lines. The top line shall be one and one-quarter inches from the top of the envelope. Between the parallel lines shall be printed: "OFFICIAL ELECTION UNIFORMED SERVICES OR OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank lines shall be printed in the upper left corner on the face of the envelope for the use by the voter in placing the voter's complete military, naval, or mailing address on these lines. The post-office address of the office of the board shall be printed on the face of such envelope in the lower right portion below the bottom parallel line.
(C) On the back of each identification envelope and each return envelope shall be printed the following:
"Instructions to voter:
If the flap on this envelope is so firmly stuck to the back of the envelope when received by you as to require forcible opening in order to use it, open the envelope in the manner least injurious to it, and, after marking your ballots and enclosing same in the envelope for mailing them to the board of elections, reclose the envelope in the most practicable way, by sealing or otherwise, and sign the blank form printed below.
The flap on this envelope was firmly stuck to the back of the envelope when received, and required forced opening before sealing and mailing.
____________________
(Signature of voter)"
(D) Division (C) of this section does not apply when absent voter's ballots are sent electronically, including by facsimile machine.
(E) Except as otherwise provided in this division and in sections 3505.24 and 3509.08 of the Revised Code, an election official shall not fill out any portion of an identification envelope statement of voter or an absent voter's ballot on behalf of an elector. A board of elections may preprint only an elector's name and address on an identification envelope statement of voter before mailing or electronically transmitting absent voter's ballots to the elector, except that if the elector has a confidential voter registration record, as described in section 111.44 of the Revised Code, the board of elections shall not preprint the elector's address on the identification envelope statement of voter.
Sec.
3513.01. (A)
Except as otherwise provided in this section and section 3517.012 of
the Revised Code, primary elections shall be held as provided in
division (E) of section 3501.01 of the Revised Code for the purpose
of nominating persons as candidates of political parties (A)(1)
Candidates for
election to offices to be voted for at the succeeding general
election
shall be nominated under this chapter as follows:
(a) A primary election shall be held for the purpose of nominating candidates for election to voter-nominated offices as follows:
(i) All candidates for an office shall be listed on a single primary ballot, and a voter may vote for any candidate, regardless of the candidate's or voter's affiliation or membership with a political party, provided that the elector is otherwise qualified to vote for candidates for that office.
(ii) The candidates receiving the highest, second highest, and third highest number of votes shall advance to the succeeding general election. If more than one candidate is to be elected to an office, or if multiple offices of the same type are to be filled by the same slate of candidates, the number of candidates advancing to the general election shall be three times the number to be elected.
(iii) A candidate shall have the candidate's political party preference, or lack of political party preference, indicated on the ballot for an office in the manner described under section 3505.03 of the Revised Code. Selection of a party preference by a candidate does not constitute or imply endorsement of the candidate by the party designated. No candidate for an office shall be deemed the official candidate of any party by virtue of the candidate's selection in the primary election.
(iv) A political party or party central committee does not have the right to have its preferred candidate participate in the general election other than as chosen by voters in the primary. Nothing in this section shall be interpreted to prohibit a political party or party central committee from endorsing, supporting, or opposing any candidate.
(b) Candidates shall be nominated for election to nonpartisan offices by nominating petition, except where a political subdivision has chosen to nominate candidates for election as officers of the political subdivision by primary election, as permitted under this section. Such a primary election shall be conducted in the manner described under division (A)(1)(a) of this section, except that a candidate shall not have the candidate's political party preference, or lack of political party preference, indicated on the ballot.
(2) Party primaries shall be held as provided in this chapter and in section 3517.02 of the Revised Code for the purpose of electing members of political parties to partisan office and for the purpose of choosing delegates and alternates to the national conventions of the major political parties.
(B)
The
manner of nominating persons as candidates for election as officers
of If,
before the effective date of this amendment, a
municipal
corporation having a population of two thousand or more, as
ascertained by the most recent federal census, shall be the same as
the manner in which candidates were political
subdivision nominated
candidates
for
election as officers in
of
the
municipal
corporation in 1989 political
subdivision by primary election, the political subdivision shall
nominate those candidates by primary election under division (A)(2)
of this section unless
the manner of nominating such candidates is changed under division
(C), (D), or
(E),
or (F) of
this section. If,
before the effective date of this amendment, a political subdivision
nominated candidates for election as officers of the political
subdivision by nominating petition, the political subdivision shall
continue to nominate those candidates by nominating petition unless
the manner of nominating those candidates is changed under division
(C), (D), (E), or (F) of this section.
(C)
Primary elections shall not be held for the nomination of candidates
for election as officers of any township, or any municipal
corporation having a population of less than two thousand, unless a
majority of the electors of any such township or municipal
corporation, as determined by the total number of votes cast in such
township or municipal corporation for the office of governor at the
most recent regular state election, files with the board of elections
of the county within which such township or municipal corporation is
located, or within which the major portion of the population thereof
is located, if the municipal corporation is situated in more than one
county, not later than one hundred twenty days before the day of a
primary election, a petition signed by such electors asking that
candidates for election as officers of such township or municipal
corporation be nominated
as candidates of political parties
by primary election,
in which event primary elections shall be held in such township or
municipal corporation for the purpose of nominating persons as
candidates
of political parties
for election as officers of such township or municipal corporation to
be voted for at the succeeding regular municipal election. In a
township or municipal corporation where a majority of the electors
have filed a petition asking that candidates for election as officers
of the township or municipal corporation be nominated
as candidates of political parties
by primary election,
the nomination of candidates for
a nonpartisan election by
nominating petition may
be reestablished in the manner prescribed in division (E) of this
section.
(D)(1)
The electors in a municipal corporation having a population of two
thousand or more,
in which municipal officers were nominated in the most recent
election by nominating petition and elected by nonpartisan election,
may place on the ballot in the manner prescribed in division (D)(2)
of this section the question of changing to the primary-election
method of nominating persons as candidates for election as officers
of the municipal corporation.
(2) The board of elections of the county within which the municipal corporation is located, or, if the municipal corporation is located in more than one county, of the county within which the major portion of the population of the municipal corporation is located, shall, upon receipt of a petition signed by electors of the municipal corporation equal in number to at least ten per cent of the vote cast at the most recent regular municipal election, submit to the electors of the municipal corporation the question of changing to the primary-election method of nominating persons as candidates for election as officers of the municipal corporation. The ballot language shall be substantially as follows:
"Shall
candidates for election as officers of ____________ (name of
municipal corporation) in the county of ____________ (name of county)
be nominated
as candidates of political parties
by primary election?
________ yes
________ no"
The
question shall be placed on the ballot at the next general election
in an even-numbered year occurring at least ninety days after the
petition is filed with the board. If a majority of the electors
voting on the question vote in the affirmative, candidates for
election as officers of the municipal corporation shall thereafter be
nominated as candidates of
political parties in
primary elections, under division (A) of this section, unless a
change in the manner of nominating persons as candidates for election
as officers of the municipal corporation is made under division (E)
of this section.
(E)(1)
The electors in a township or municipal corporation in which the
township or municipal officers are nominated as candidates
of political parties
in a primary election may place on the ballot, in the manner
prescribed in division (E)(2) of this section, the question of
changing to the nonpartisan
nominating
petition method
of nominating persons as candidates for election as officers of the
township or municipal corporation.
(2)
The board of elections of the county within which the township or
municipal corporation is located, or, if the municipal corporation is
located in more than one county, of the county within which the major
portion of the population of the municipal corporation is located,
shall, upon receipt of a petition signed by electors of the township
or municipal corporation equal in number to at least ten per cent of
the vote cast at the most recent regular township or municipal
election, as appropriate, submit to the electors of the township or
municipal corporation, as appropriate, the question of changing to
the nonpartisan
nominating
petition method
of nominating persons as candidates for election as officers of the
township or municipal corporation. The ballot language shall be
substantially as follows:
"Shall
candidates for election as officers of ____________ (name of the
township or municipal corporation) in the county of ____________
(name of county) be nominated as candidates by nominating petition
and be elected only in a nonpartisan election?
________ yes
________ no"
The
question shall appear on the ballot at the next general election in
an even-numbered year occurring at least ninety days after the
petition is filed with the board. If a majority of electors voting on
the question vote in the affirmative, candidates for officer of the
township or municipal corporation shall thereafter be nominated by
nominating petition
and be elected only in a nonpartisan election,
unless a change in the manner of nominating persons as candidates for
election as officers of the township or municipal corporation is made
under division (C) or (D) of this section.
(F)(1) The board of education of a city, local, or exempted village school district or the governing board of an educational service center may, by adopting a resolution by a three-fifths majority vote of the board's total membership, choose to nominate candidates for election to the board by primary election. The board of education or governing board shall certify the resolution to the board of elections at least two hundred ten days before the day of the primary election. Subject to division (F)(2) of this section, the resolution applies to all subsequent nominations for a position as a member of that board of education or governing board.
(2) Not earlier than five years after the adoption of a resolution under division (F)(1) of this section, the board of education of a city, local, or exempted village school district or the governing board of an educational service center may rescind that resolution by subsequent resolution upon a three-fifths majority vote of its total membership. The board of education or governing board shall certify the resolution to the board of elections at least two hundred ten days before the day of the primary election. Subject to division (F)(4) of this section, the resolution applies to all subsequent nominations for a position as a member of that board of education or governing board unless the board adopts another resolution under division (F)(1) of this section.
Sec.
3513.02. If,
in any odd-numbered year, no valid declaration of candidacy is filed
for nomination as a candidate of
a political party for
election to any of the offices to be voted for at the general
election to be held in such year, or if the number of persons filing
such declarations of candidacy for nominations as candidates of
one political party for
election to such offices does not exceed, as to any such office, the
number of candidates which
such political party is entitled to
nominate
as its candidates be
nominated for
election to such office, then no primary election shall be held for
the purpose of nominating party
candidates
of
such party for
election to offices to be voted for at such general election and no
primary ballots shall be provided
for such party.
If, however, the only office for which there are more valid
declarations of candidacy filed than the number to be nominated
by a political party,
is the office of councilperson in a ward, a primary election shall be
held for
such party only
in the ward or wards in which there is a contest, and only the names
of the candidates for the office of councilperson in such ward shall
appear on the primary ballot
of such political party.
The election officials whose duty it would have been to provide for and conduct the holding of such primary election, declare the results thereof, and issue certificates of nomination to the persons entitled thereto if such primary election had been held shall declare each of such persons to be nominated as of the date of the ninetieth day before the primary election, issue appropriate certificates of nomination to each of them, and certify their names to the proper election officials, in order that their names may be printed on the official ballots provided for use in the succeeding general election in the same manner as though such primary election had been held and such persons had been nominated at such election.
Sec.
3513.04. Candidates
for
party nominations to state, district, county, and municipal offices
or positions, for which party nominations are provided by law
nomination at a primary election,
and candidates
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 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, including a nominating
petition filed under section 3517.012 of the Revised Code, by
declaration of intent to be a write-in candidate, or by filling a
vacancy under section 3513.31 of the Revised Code 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.
3513.05. Each
person desiring to become a candidate for a
party nomination
at a primary election or for election to an
a
partisan office
or
position to be voted for at
a party
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 ninetieth day before the day of the 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 ninetieth 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, 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 a
partisan office of
a 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 a 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
In
the case of a declaration of candidacy filed by a candidate for
partisan office, the electors
signing such
the
petition
and
the circulator of the 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
partisan office,
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 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 board shall, under proper regulations, be open to public inspection until four p.m. of the eightieth day before the day of the next primary election. Each board shall, not later than the seventy-eighth day before the day of that 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
a
partisan 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
party.
Protests against the candidacy of any person filing a declaration of
candidacy for nomination or for election to a voter-nominated or
nonpartisan office may be filed by any qualified elector who is
eligible to vote at the primary election for the candidate whose
declaration of candidacy the elector objects to.
The protest shall be in writing, and shall be filed not later than
four p.m. of the seventy-fourth day before the day of the primary
election. The protest shall be filed with the election officials with
whom the declaration of candidacy and petition was filed. Upon the
filing of 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 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 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 seventieth day before the day of a primary election, certify to each board in the state the forms of the official ballots to be used at the primary election, together with the names of the candidates to be printed 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 seventieth day before the day of a 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 primary election, whose nomination or election is to be determined only by electors within 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 seventieth day before the day of a primary election, certify to the board of each county in which a portion of that subdivision is located the names of the candidates to be printed on the official ballots to be used at the primary election, whose nomination or election is to be determined only by electors within 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) 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, 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, 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, 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.
(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, 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, 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.
(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 board 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 board shall notify the secretary of state. The secretary of state then 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.
(D)(1) If the secretary of state determines, after the day of the primary election and before the day of the general election, that a person is seeking election 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 election is wholly within a single county 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 offices for which the person seeks to appear as a candidate on the ballot. 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 election, according to the ballot order prescribed under section 3505.03 of the Revised Code. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that would be listed on the ballot below the highest office for which that person seeks election, 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 election 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 election is a federal office, the secretary of state shall promptly investigate and determine the offices for which the person seeks to appear as a candidate on the ballot. 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 election, 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. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that would be listed on the ballot below the highest office for which that person seeks election, according to the ballot order prescribed under section 3505.03 of the Revised Code.
(c) If each office or the district for each office for which the person is seeking election 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. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(d) If one or more of the offices for which the person is seeking election is a state office and any of the offices for which the person is seeking election 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. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(2) If a board of elections determines, after the day of the primary election and before the day of the general election, that a person is seeking election to more than one office at that election in violation of division (A) of this section, the board of elections shall do one of the following:
(a) If each office or the district for each office for which the person is seeking election is wholly within that county and none of those offices is a federal office, the board shall determine the offices for which the person seeks to appear as a candidate on the ballot. 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 election, according to the ballot order prescribed under section 3505.03 of the Revised Code. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that would be listed on the ballot below the highest office for which that person seeks election, 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 election 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 election is a federal office, the board shall notify the secretary of state. The secretary of state promptly shall investigate and determine the offices for which the person seeks to appear as a candidate on the ballot. 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 election, 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. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that would be listed on the ballot below the highest office for which that person seeks election, according to the ballot order prescribed under section 3505.03 of the Revised Code.
(c) If each office or the district for each office for which the person is seeking election is wholly within that county and any of those offices is a federal office, the board shall vote promptly to disqualify that person as a candidate for each office that is not a federal office. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(d) If one or more of the offices for which the person is seeking election is a state office and any of the offices for which the person is seeking election is a federal office, the board shall notify the secretary of state. 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. If the person sought nomination at a primary election and has not yet been issued a certificate of nomination, the board shall not issue that certificate for that person for any office that is not a federal office.
(E) When a person is disqualified as a candidate under division (C) or (D) of this section, on or before the seventieth day before the day of the applicable election, the board of elections shall remove the person's name from the ballot for any office for which that person has been disqualified as a candidate according to the directions of the secretary of state. When a person is disqualified as a candidate under division (C) or (D) of this section after the seventieth day before the day of the applicable election, the board of elections shall not remove the person's name from the ballot for any office for which that person has been disqualified as a candidate. The board of elections shall post a notice at each polling location on the day of the applicable election, and shall enclose with each absent voter's ballot given or mailed after the candidate is disqualified, a notice that votes for the person for the office for which the person has been disqualified as a candidate will be void and will not be counted. If the name is not removed from the ballots before the day of the election, the votes for the disqualified candidate are void and shall not be counted.
(F) Any vacancy created by the disqualification of a person as a candidate under division (C) or (D) of this section may be filled in the manner provided for in sections 3513.30 and 3513.31 of the Revised Code.
(G)
Nothing in this section or section 3513.04, 3513.041,
3513.05,
3513.251, 3513.253, 3513.254, 3513.255, 3513.257, or 3513.261 of the
Revised Code prohibits, and the secretary of state or a board of
elections shall not disqualify, a person from being a candidate for
an office, if that person timely withdraws as a candidate for any
offices specified in division (A) of this section for which that
person first sought to become a candidate by filing a declaration of
candidacy and petition,
a declaration of intent to be a write-in candidate,
or a nominating petition, by party
nomination
in a primary election, or by the filling of a vacancy under section
3513.30 or 3513.31 of the Revised Code.
(H) As used in this section:
(1) "State office" means the offices of governor, lieutenant governor, secretary of state, auditor of state, treasurer of state, attorney general, member of the general assembly, chief justice of the supreme court, and justice of the supreme court.
(2) "Timely withdraws" means either of the following:
(a)
Withdrawing as a candidate before the applicable deadline for filing
a declaration of candidacy,
declaration of intent to be a write-in candidate,
or nominating petition for the subsequent office for which the person
is seeking to become a candidate at the same election;
(b) Withdrawing as a candidate before the applicable deadline for the filling of a vacancy under section 3513.30 or 3513.31 of the Revised Code, if the person is seeking to become a candidate for a subsequent office at the same election under either of those sections.
Sec.
3513.07. (A)
The
form of declaration of candidacy and petition of a person desiring to
be a candidate for a party nomination or a candidate for election to
an
a
partisan office
or position to be voted for at a primary election shall be
substantially as follows:
"DECLARATION
OF CANDIDACY
PARTY PRIMARY ELECTION
FOR PARTISAN OFFICE
I,
___________________________ (Name of Candidate), the undersigned,
hereby declare under penalty of election falsification that my voting
residence is in _______________ precinct of the
_____________________________ (Township) or (Ward and City or
Village) in the county of ________________, Ohio; that my voting
residence is _______________ (Street and Number, if any, or Rural
Route and Number) of the _____________________________ (City or
Village) of _________________, Ohio; and that I am a qualified
elector in the precinct in which my voting residence is located. I am
a member of the ________ Party. I hereby declare that I desire to be
____________________
(a candidate for nomination as a candidate of the Party for election
to the office of _____________) (a
candidate for election to the office or position of ______________)
for the ____________ in the state, district, (Full term or unexpired
term ending _______________) county, city, or village of
___________________, at the primary election to be held on the
_____________ day of _________, ____, and I hereby request that my
name be printed upon the official primary election ballot of the said
__________ Party as a candidate for _________
(such nomination) or (such
election)
as provided by law.
I further declare that, if elected to said office or position, I will qualify therefor, and that I will support and abide by the principles enunciated by the ____________ Party.
Dated this __________ day of _________________, _________
__________________________________
(Signature of candidate)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
PETITION OF CANDIDATE
We, the undersigned, qualified electors of the state of Ohio, whose voting residence is in the county, city, village, ward, township, or school district, and precinct set opposite our names, and members of the _______________________________________ Party, hereby certify that ____________________________ (Name of candidate) whose declaration of candidacy is filed herewith, is a member of the ____________ Party, and is, in our opinion, well qualified to perform the duties of the office or position to which that candidate desires to be elected.
Street City,
and Village or Signature Number Township Ward Precinct County Date
(Must use address on file with the board of elections)
________________________________________________________________________________________________________________________________________________________________________________________________ - _______________________________________ (Name of circulator of petition), declares under penalty of election falsification that the circulator of the petition is a qualified elector of the state of Ohio and resides at the address appearing below the signature of that circulator; that the circulator is a member of the ___________ Party; that the circulator is the circulator of the foregoing petition paper containing _____________ (Number) signatures; 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.
_____________________________
(Signature of circulator)
____________________________
(Address of circulator's
permanent residence in this
state)
_________________________
(If petition is for a
statewide candidate, the
name and address of person
employing to circulate
petition, if any)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
The
secretary of state shall prescribe a form of declaration of candidacy
and petition, and the form shall be substantially similar to the
declaration of candidacy and petition set forth in this section, that
will be suitable for joint candidates for the offices of governor and
lieutenant governor.
The
petition provided for in this section
division
shall
be circulated only by a member of the same political party as the
candidate.
(B) "DECLARATION OF CANDIDACY FOR NOMINATION BY PRIMARY ELECTION
I, ___________________________ (Name of Candidate), the undersigned, hereby declare under penalty of election falsification that my voting residence is in _______________ precinct of the _____________________________ (Township) or (Ward and City or Village) in the county of ________________, Ohio; that my voting residence is _______________ (Street and Number, if any, or Rural Route and Number) of the _____________________________ (City or Village) of _________________, Ohio; and that I am a qualified elector in the precinct in which my voting residence is located. I desire to be nominated as a candidate for election to the office or position of ______________ in the state, district, (Full term or unexpired term ending _______________) county, city, or village of ___________________, at the primary election to be held on the _____________ day of _________, ____, and I request that my name be printed upon the official primary election ballot as a candidate for that nomination as provided by law.
In the case of a candidate for a voter-nominated office (check one): My preference is for ___ the ________ Party or ___ no political party.
I further declare that, if elected to said office or position, I will qualify therefor.
Dated this __________ day of _________________, _________
__________________________________
(Signature of candidate)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
PETITION OF CANDIDATE
We, the undersigned, qualified electors of the state of Ohio, whose voting residence is in the county, city, village, ward, township, or school district, and precinct set opposite our names, hereby certify that ____________________________ (Name of candidate) whose declaration of candidacy is filed herewith is, in our opinion, well qualified to perform the duties of the office or position to which that candidate desires to be elected.
Street City,
and Village or Signature Number Township Ward Precinct County Date
(Must use address on file with the board of elections)
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________ (Name of circulator of petition), declares under penalty of election falsification that the circulator of the petition is a qualified elector of the state of Ohio and resides at the address appearing below the signature of that circulator; that the circulator is the circulator of the foregoing petition paper containing _____________ (Number) signatures; 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.
_____________________________
(Signature of circulator)
____________________________
(Address of circulator's
permanent residence in this
state)
_________________________
(If petition is for a
statewide candidate, the
name and address of person
employing to circulate
petition, if any)
I, _________________________________, hereby constitute the persons named below a committee to represent me:
Name Residence
__________________________________________________________
__________________________________________________________
__________________________________________________________
__________________________________________________________
_________________________________________________________
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
The secretary of state shall prescribe a form of declaration of candidacy and petition, and the form shall be substantially similar to the declaration of candidacy and petition set forth in this division, that will be suitable for joint candidates for the offices of governor and lieutenant governor.
Sec.
3513.08. Each
person filing a declaration of candidacy for nomination at a primary
election as a candidate for election to the office of judge of the
supreme court, court of appeals, court of common pleas, probate
court, and such other courts as are established by law, in addition
to designating in such declaration the office for election to which
he seeks such nomination, shall, if two or more judges of the same
court are to be elected at any one election, designate the term of
the office for election to which he seeks such nomination by stating
therein, if a full term, the date of the commencement of such term as
follows:
"Full
term commencing ______________________ (date) __________," or by
stating therein, if an unexpired term, the date on which such
unexpired term will end as follows: "unexpired term ending
____________________ (Date) ____________________"
Each
person filing a declaration of candidacy for nomination at a primary
election as a candidate for election to the office of county
commissioner, in addition to designating in the declaration the
office for election to which he seeks the nomination, shall, if two
or more commissioners of the same county are to be elected at any one
election, designate the term of the office for election to which he
seeks the nomination by stating therein, if a full term, the date of
the commencement of the term, as follows:
"Full
term commencing _________________ (Date) ______________," or by
stating therein, if an unexpired term, the date on which the
unexpired term will end, as follows: "unexpired term ending
_________________ (Date) ___________"
Each
person filing a declaration of candidacy for
nomination at a primary election or
nominating petition as
a candidate for the unexpired term of any
an
office
shall designate in such
the
declaration
or
petition the
date on which such unexpired term will end.
Each person filing a declaration of candidacy or nominating petition for an office to which multiple candidates are to be elected at the same election shall designate in the declaration or petition the date on which the term of office the person seeks will commence.
Sec. 3513.10. (A) At the time of filing a declaration of candidacy for nomination for any office, or a declaration of intent to be a write-in candidate, each candidate, except joint candidates for governor and lieutenant governor, shall pay a fee as follows:
|
1 |
2 |
A |
For statewide office |
$100 |
B |
For court of appeals judge |
$50 |
C |
For court of common pleas judge |
$50 |
D |
For county court judge |
$50 |
E |
For municipal court judge |
$50 |
F |
For district office, including member of the United States house of representatives and member of the general assembly |
$50 |
G |
For county office |
$50 |
H |
For city office |
$20 |
I |
For village office |
$10 |
J |
For township office |
$10 |
K |
For member of local, city, or exempted village board of education or educational service center governing board |
$10 |
At
the time of filing a declaration of candidacy or
a declaration of intent to be a write-in candidate for
the offices of governor and lieutenant governor, the joint candidates
shall jointly pay to the secretary of state a fee of one hundred
dollars.
(B)(1) At the same time the fee required under division (A) of this section is paid, each candidate shall pay an additional fee as follows:
|
1 |
2 |
A |
For the joint candidates for governor and lieutenant governor |
$50 |
B |
For statewide office |
$50 |
C |
For district office, including member of the United States house of representatives and member of the general assembly |
$35 |
D |
|
|
E |
For court of appeals judge |
$30 |
F |
For court of common pleas judge |
$30 |
G |
For county court judge |
$30 |
H |
For municipal court judge |
$30 |
I |
For county office |
$30 |
J |
For city office |
$25 |
K |
For village office |
$20 |
L |
For township office |
$20 |
M |
For member of local, city, or exempted village board of education or educational service center governing board |
$20 |
(2) Whoever seeks to propose a ballot question or issue to be submitted to the electors shall pay the following fee at the time the petition proposing the question or issue is filed:
(a) If the question or issue is to be submitted to the electors throughout the entire state, twenty-five dollars;
(b) If the question or issue is to be submitted to the electors of a county or of a district that consists of all or part of two or more counties but less than the entire state, fifteen dollars;
(c) If the question or issue is to be submitted to the electors of a city, twelve dollars and fifty cents;
(d) If the question or issue is to be submitted to the electors of a village, a township, a local, city, county, or exempted village school district, a precinct, or another district consisting of less than an entire county, ten dollars.
(C) No fee shall be required of candidates filing for the office of delegate or alternate to the national convention of political parties, member of the state central committee of a political party, or member of the county central committee of a political party.
(D) All fees required under division (A) of this section immediately shall be paid by the officer receiving them into the state treasury to the credit of the general revenue fund, in the case of fees received by the secretary of state, and into the county treasury to the credit of the county general fund, in the case of fees received by a board of elections.
(E) The officer who receives a fee required under division (B) of this section immediately shall pay the fee to the credit of the Ohio election integrity commission fund created under section 111.29 of the Revised Code.
(F)(1) In no case shall a fee paid under this section be returned to a candidate.
(2) Whenever a section of law refers to a filing fee to be paid by a candidate or by a committee proposing a ballot question or issue to be submitted to the electors, that fee includes the fees required under divisions (A) and (B) of this section.
(G) As used in divisions (A) and (B) of this section, "statewide office" means the office of secretary of state, auditor of state, treasurer of state, attorney general, justice and chief justice of the supreme court, and member of the United States senate.
Sec.
3513.12. At
a presidential primary election, which shall be held as provided in
division (E)(2)(E)(3)
of section 3501.01 of the Revised Code, delegates and alternates to
the national conventions of the different major political parties
shall be chosen by direct vote of the electors as provided in this
chapter. Candidates for delegate and alternate shall be qualified and
the election shall be conducted in the manner prescribed in this
chapter for the nomination of candidates for state and district
partisan
offices,
except as provided in section 3513.151 of the Revised Code and except
that whenever any group of candidates for delegate at large or
alternate at large, or any group of candidates for delegates or
alternates from districts, file with the secretary of state
statements as provided by this section, designating the same persons
as their first and second choices for president of the United States,
such a group of candidates may submit a group petition containing a
declaration of candidacy for each of such candidates. The group
petition need be signed only by the number of electors required for
the petition of a single candidate. No group petition shall be
submitted except by a group of candidates equal in number to the
whole number of delegates at large or alternates at large to be
elected or equal in number to the whole number of delegates or
alternates from a district to be elected.
Each person seeking to be elected as delegate or alternate to the national convention of the person's political party shall file with the person's declaration of candidacy and certificate a statement in writing signed by the person in which the person shall state the person's first and second choices for nomination as the candidate of the person's party for the presidency of the United States. The secretary of state shall not permit any declaration of candidacy and certificate of a candidate for election as such delegate or alternate to be filed unless accompanied by such statement in writing. The name of a candidate for the presidency shall not be so used without the candidate's written consent.
A person who is a first choice for president of candidates seeking election as delegates and alternates shall file with the secretary of state, prior to the day of the election, a list indicating the order in which certificates of election are to be issued to delegate or alternate candidates to whose candidacy the person has consented, if fewer than all of such candidates are entitled under party rules to be certified as elected. Each candidate for election as such delegate or alternate may also file along with the candidate's declaration of candidacy and certificate a statement in writing signed by the candidate in the following form:
"Statement of Candidate
For Election as ____________ (Delegate) (Alternate) to the
____________ (name of political party) National Convention
I hereby declare to the voters of my political party in the State of Ohio that, if elected as ____________ (delegate) (alternate) to their national party convention, I shall, to the best of my judgment and ability, support that candidate for President of the United States who shall have been selected at this primary by the voters of my party in the manner provided in Chapter 3513. of the Ohio Revised Code, as their candidate for such office.
___________________________ (name),
Candidate for _____________
(Delegate) (Alternate)"
The procedures for the selection of candidates for delegate and alternate to the national convention of a political party set forth in this section and in section 3513.121 of the Revised Code are alternative procedures, and if the procedures of this section are followed, the procedures of section 3513.121 of the Revised Code need not be followed.
Sec. 3513.121. (A) Any candidate for the presidency of the United States who has raised at least five thousand dollars for the primary election in each of twenty states from individuals, with a maximum of two hundred fifty dollars per contributor counting toward the threshold, may file with the secretary of state a declaration of candidacy not later than four p.m. of the ninetieth day before the presidential primary election. Such declaration of candidacy shall be accompanied by a reasonable accounting proving eligibility and a statement from the candidate's registered principal campaign committee treasurer, meeting the standards of 28 U.S.C. sec. 1746, certifying that the candidate has met the contribution requirements of this division. Any candidate who files a declaration of candidacy pursuant to this division shall also file, or shall cause to be filed by a person authorized in writing to represent the candidate, not later than four p.m. of the ninetieth day before the same primary election, a list of candidates for district delegate and alternate to the national convention of the candidate's political party who have been selected in accordance with rules adopted by the state central committee of the candidate's political party. The candidates for district delegate and alternate whose names appear on this list shall be represented on the ballot in accordance with section 3513.151 of the Revised Code in every congressional district that the presidential candidate named in the presidential candidate's declaration of candidacy, provided that such candidates meet the other requirements of this section.
(B) Candidates for delegate at large and alternate at large to the national convention of a political party for a presidential candidate who submits a declaration of candidacy in accordance with division (A) of this section shall be selected in accordance with rules adopted by the state central committee of the presidential candidate's political party.
(C) Each candidate for district delegate and alternate to the national convention of a political party selected pursuant to division (A) of this section shall file or shall cause to be filed with the secretary of state, not later than four p.m. of the ninetieth day before the presidential primary election in which the person is a candidate, both of the following:
(1) A declaration of candidacy in the form prescribed in division (A) of section 3513.07 of the Revised Code, but not the petition prescribed in that section;
(2) A statement in writing signed by the candidate in which the candidate states the candidate's first and second choices for nomination as the candidate of the candidate's party for the presidency of the United States.
(D) A declaration of candidacy filed pursuant to division (A) of this section shall be in substantially the form prescribed in division (A) of section 3513.07 of the Revised Code except that the secretary of state shall modify that form to include spaces for a presidential candidate to indicate in which congressional districts the candidate wishes the candidate's candidacy to be submitted to the electors and shall modify it in any other ways necessary to adapt it to use by presidential candidates. A candidate who files a declaration of candidacy pursuant to division (A) of this section shall not file the petition prescribed in section 3513.07 of the Revised Code.
(E) Section 3513.151 of the Revised Code applies in regard to candidates for delegate and alternate to the national convention of a political party selected pursuant to this section. The state central committee of the political party of any presidential candidate who files a declaration of candidacy pursuant to division (A) of this section shall file with the secretary of state the rules of its political party in accordance with division (E) of section 3513.151 of the Revised Code.
(F) The procedures for the selection of candidates for delegate and alternate to the national convention of a political party set forth in this section and in section 3513.12 of the Revised Code are alternative procedures, and if the procedures of this section are followed, the procedures of section 3513.12 of the Revised Code need not be followed.
Sec. 3513.13. (A) For a primary election, the board of elections shall provide ballots as follows:
(1) A ballot that includes the candidates for nomination to each voter-nominated office and each nonpartisan office for which candidates are to be nominated at the primary election;
(2)
Separate
primary election ballots shall
be provided by the board of elections for
each political party having
candidates for nomination or election in holding
a
party
primary
election. Section
(B) Section 3505.08 of the Revised Code governing the kind of paper, the kind of ink, and the size and style of type to be used in the printing of ballots for general elections shall apply in the printing of ballots for primary elections.
Primary
election ballots shall have printed on the back thereof "Official
____________ (name
of partytype
of ballot)
__________ primary ballot," the date of the election, and the
facsimile signatures of the members of the board.
Such ballots shall have stubs attached at the top thereof as required on ballots for general elections.
On the back of every ballot used there shall be a solid black line printed opposite the blank rectangular space that is used to mark the choice of the voter. This line shall be printed wide enough so that the mark in the blank rectangular space will not be visible from the back side of the ballot.
Such
ballots shall have printed at the top thereof and below the stubs
"Official __________ (name
of partytype
of ballot)
___________ primary ballot" and instructions to the voter to the
effect that to vote for a candidate the voter shall record the vote
in the manner provided on the ballot next to the name of such
candidate, except as provided in section 3513.151 of the Revised
Code, and that if
hea
voter who
tears, soils, defaces, or erroneously marks the ballot he
may
return it to the precinct election officers and obtain another
ballot.
(C) Except as provided in section 3513.151 of the Revised Code, primary election ballots shall contain the names of all persons whose declarations of candidacy and petitions have been determined to be valid. The name of each candidate for nomination for, or election to, an office or position shall be printed in an enclosed rectangular space at the left of which an enclosed blank rectangular space shall be provided. The names of candidates shall be printed on the ballot immediately below the title of the office or position for nomination or election to which the candidate seeks nomination or election. The order in which offices and positions shall be listed on the ballot shall be prescribed by and shall be certified to each board by the secretary of state, and shall be the same, to the extent the secretary of state deems practicable, as is provided for the listing of offices on general election ballots.
Sec.
3513.14. Except
in elections for which the board of elections has received no valid
declarations of intent to be a write-in candidate under section
3513.041 of the Revised Code, immediately below the title of each
office for which nominations are to be made and the names of
candidates for such nomination printed thereunder, there shall be
provided on each primary election ballot as many blank spaces as, but
not more than, the number of nominations to be made for such office,
in which the voter may write the names of persons for whose
nomination he desires to vote, provided that inasmuch as candidates
for the office of delegate and alternate to the national and state
conventions, member of the state central committee, and member of the
county central committee are elected at the primary election no blank
space shall be left on the ballot after the names of the candidates
for such office, and no vote shall be counted for any person whose
name has been written in on said ballot for any of such offices. If
no person files and qualifies as a candidate for the office of member
of the state central committee or member of the county central
committee such office shall not appear on the ballot.
(A) The face of the ballot below the stub, for a party primary, shall be substantially in the following form:
OFFICIAL ____________(name of party)__________
PRIMARY BALLOT
(A)(1)
To vote for a candidate record your vote in the manner provided next
to the name of such candidate.
(B)(2)
If you tear, soil, deface, or erroneously mark this ballot return it
to the election officials and obtain another.
(B) The face of the ballot below the stub, for a primary election for a voter-nominated or nonpartisan office, shall be substantially in the following form:
OFFICIAL PRIMARY BALLOT
(1) To vote for a candidate record your vote in the manner provided next to the name of such candidate.
(2) If you tear, soil, deface, or erroneously mark this ballot return it to the election officials and obtain another.
Sec.
3513.15. (A)(1)
The
names of the candidates in each group of two or more candidates
seeking the same nomination or election at a primary election, except
delegates and alternates to the national convention of a political
party, shall be
rotated and printed as provided in section 3505.03 of the Revised
Code, except that no indication of membership in or affiliation with
a political party shall be printed after or under the candidate's
name
arranged in a group under the title of the office.
When
The
ballots shall be printed so that the order in which each candidate
appears shall be alternated so that, insofar as is reasonably
possible, each candidate appears in each position in the list of
candidates substantially an equal number of times.
(2) In the case of a voter-nominated office, under the name of each candidate shall be printed, in less prominent type face than that in which the candidate's name is printed, "Preference:" followed by the name of the political party the candidate declared as the candidate's preferred party in the candidate's declaration of candidacy or, in the case of a candidate who declared a preference for no political party in the candidate's declaration of candidacy, the phrase, "No political party preference."
(3) In the case of a nonpartisan office or a partisan office, no indication of membership in or affiliation with a political party shall be printed after or under the candidate's name.
(B)
When the
names of the first choices for president of candidates for delegate
and alternate are not grouped with the names of such candidates, the
names of the first choices for president shall be rotated in the same
manner as the names of candidates. The
(C) The specific form and size of the ballot shall be prescribed by the secretary of state in compliance with this chapter.
(D) It shall not be necessary to have the names of candidates for member of a county central committee printed on the ballots provided for absentee voters, and the board may cause the names of such candidates to be written on said ballots in the spaces provided therefor.
(E) The secretary of state shall prescribe the procedure for rotating the names of candidates on the ballot and the form of the ballot for the election of delegates and alternates to the national convention of a political party in accordance with section 3513.151 of the Revised Code.
Sec. 3513.18. Party primaries shall be held at the same place and time, but there shall be separate pollbooks and tally sheets provided at each polling place for each party participating in the election.
If
a special election on a question or issue is held on the day of a
primary election, there There
shall
be provided in the pollbooks pages on which shall be recorded the
names of all electors voting only
on the nomination of voter-nominated or nonpartisan candidates and on
said
any
special election on a question
or issue held
on the day of the primary election and
not voting in such
a
party primary.
It shall not be necessary for those
electors
desiring
to vote only on the question or issue to
declare their political affiliation.
Sec. 3513.19. (A) It is the duty of any precinct election official, whenever any such official doubts that a person attempting to vote at a primary election is legally entitled to vote at that election, to challenge the right of that person to vote. The right of a person to vote at a primary election may be challenged upon the following grounds:
(1) That the person whose right to vote is challenged is not a legally qualified elector;
(2) That the person has received or has been promised some valuable reward or consideration for the person's vote;
(3)
That
If
the election is a party primary, that the
person is not affiliated with or is not a member of the political
party whose ballot the person desires to vote. Such party affiliation
shall be determined by examining the elector's voting record for the
current year and the immediately preceding two calendar years as
shown on the voter's registration card, using the standards of
affiliation specified in the seventh paragraph of section 3513.05 of
the Revised Code. Division
(A)(3) of this section and the seventh paragraph of section 3513.05
of the Revised Code do not prohibit a person who holds an elective
office for which candidates are nominated at a party primary election
from doing any of the following:
(a)
If the person voted as a member of a different political party at any
primary election within the current year and the immediately
preceding two calendar years, being a candidate for nomination at a
party primary held during the times specified in division (C)(2) of
section 3513.191 of the Revised Code provided that the person
complies with the requirements of that section;
(b)
Circulating the person's own petition of candidacy for party
nomination in the primary election.
(B) When the right of a person to vote is challenged upon the ground set forth in division (A)(3) of this section, membership in or political affiliation with a political party shall be determined by the person's statement, made under penalty of election falsification, that the person desires to be affiliated with and supports the principles of the political party whose primary ballot the person desires to vote.
Sec. 3513.20. Before any challenged person shall be allowed to vote at a primary election, the person shall make a statement, under penalty of election falsification, before one of the precinct officials, blanks for which shall be furnished by the board of elections, giving name, age, residence, length of residence in the precinct, county, and state; if applicable, stating that the person desires to be affiliated with and supports the principles of the political party whose party primary ballot the person desires to vote; and giving all other facts necessary to determine whether the person is entitled to vote in that primary election. The statement shall be returned to the office of the board with the pollbooks and tally sheets.
If a person challenged refuses to make that statement under penalty of election falsification, the person shall be permitted to vote a provisional ballot under section 3505.181 of the Revised Code. If a majority of the precinct officials finds that the statements of a person challenged or the person's voting record or other evidence shows that the person lacks any of the qualifications required to make the person a qualified elector at the primary election or, if applicable, that the person is not affiliated with or is not a member of the political party whose ballot the person desires to vote, the person shall be permitted to vote a provisional ballot under section 3505.181 of the Revised Code.
Sec. 3513.22. (A) Not earlier than the fifth day or later than the fifteenth day after a primary 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 and shall continue the canvass daily until it is completed.
The board shall complete the canvass not later than the twenty-first day after the day of the election. Eighty-one days after the day of the 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
that participated in the election,
and each committee designated in a petition to represent the
petitioners pursuant to which a question or issue was submitted at
the election, may designate a qualified elector who may be present at
and may observe the making of the canvass. Each person for whom votes
were cast in the election may also be present at and observe the
making of the canvass.
(C) When the canvass of the election returns from all of the precincts in the county in which electors were entitled to vote at the election has been completed, the board shall determine and declare the results of the elections determined by the electors of the county or of a district or subdivision within the county. If more than the number of persons to be nominated for or elected to an office received the largest and an equal number of votes, the tie shall be resolved by lot by the chairperson of the board in the presence of a majority of the members of the board. The declaration shall be in writing and shall be signed by at least a majority of the members of the board. It shall bear the date of the day upon which it is made, and a copy of it shall be posted by the board in a conspicuous place in its office. The board shall keep the copy posted for a period of at least five days.
The board shall promptly certify abstracts of the results of the elections within its county upon forms the secretary of state prescribes. One certified copy of each abstract shall be kept in the office of the board, and one certified copy of each abstract shall promptly be sent to the secretary of state. The board shall also promptly send a certified copy of that part of an abstract that pertains to an election in which only electors of a district comprised of more than one county but less than all of the counties of the state voted to the board of the most populous county in the district. It shall also promptly send a certified copy of that part of an abstract that pertains to an election in which only electors of a subdivision located partly within the county voted to the board of the county in which the major portion of the population of the subdivision is located.
If, after certifying and sending abstracts and parts of abstracts, a board finds that any abstract or part of any abstract is incorrect, it shall promptly prepare, certify, and send a corrected abstract or part of an abstract to take the place of each incorrect abstract or part of an abstract previously certified and sent.
(D)(1) When certified copies of abstracts are received by the secretary of state, the secretary of state shall canvass those abstracts and determine and declare the results of all elections in which electors throughout the entire state voted. If more than the number of persons to be nominated for or elected to an office received the largest and an equal number of votes, the tie shall be resolved by lot by the secretary of state in the presence of the governor, the auditor of state, and the attorney general, who at the request of the secretary of state shall assemble to witness the drawing of the lot. The declaration of results by the secretary of state shall be in writing and shall be signed by the secretary of state. It shall bear the date of the day upon which it is made, and a copy of it shall be posted by the secretary of state in a conspicuous place in the secretary of state's office. The secretary of state shall keep the copy posted for a period of at least five days.
(2) When certified copies of parts of abstracts are received by the board of the most populous county in a district from the boards of all of the counties in the district, the board receiving those abstracts shall canvass them and determine and declare the results of the elections in which only electors of the district voted. If more than the number of persons to be nominated for or elected to an office received the largest and equal number of votes, the tie shall be resolved by lot by the chairperson of the board in the presence of a majority of the members of the board. The declaration of results by the board shall be in writing and shall be signed by at least a majority of the members of the board. It shall bear the date of the day upon which it is made, and a copy of it shall be posted by the board in a conspicuous place in its office. The board shall keep the copy posted for a period of at least five days.
(3) When certified copies of parts of abstracts are received by the board of a county in which the major portion of the population of a subdivision located in more than one county is located from the boards of each county in which other portions of that subdivision are located, the board receiving those abstracts shall canvass them and determine and declare the results of the elections in which only electors of that subdivision voted. If more than the number of persons to be nominated for or elected to an office received the largest and an equal number of votes, the tie shall be resolved by lot by the chairperson of the board in the presence of a majority of the members of the board. The declaration of results by the board shall be in writing and shall be signed by at least a majority of the members of the board. It shall bear the date of the day upon which it is made, and a copy of it shall be posted by the board in a conspicuous place in its office. The board shall keep the copy posted for a period of at least five days.
(E) Election officials, who are required to declare the results of primary elections, shall issue to each person declared nominated for or elected to an office, an appropriate certificate of nomination or election, provided that the boards required to determine and declare the results of the elections for candidates for nomination to the office of representative to congress from a congressional district shall, in lieu of issuing a certificate of nomination, certify to the secretary of state the names of the candidates nominated, and the secretary of state, upon receipt of that certification, shall issue a certificate of nomination to each person whose name is so certified. Certificates of nomination or election issued by boards to candidates and certifications to the secretary of state shall not be issued before the expiration of the time within which applications for recounts of votes may be filed or before recounts of votes, which have been applied for, are completed.
Sec.
3513.24. When
members of party committees are elected at a party
primary
election,
the returns shall be made and canvassed in the same manner as for the
election of state, district, and county offices. The election
authorities shall issue and deliver to each person who is elected a
certificate of his
election. A list of such party committeemen
committeepersons
who are chosen shall be filed and kept in the office of the secretary
of state and the board of elections for a period of two years.
Sec.
3513.251. Nominations
of candidates for election as officers of a municipal corporation
having a population of less than two thousand as ascertained by the
next preceding federal census shall be made only by nominating
petition and their election shall occur only in nonpartisan
elections, unless a majority of the electors of such municipal
corporation have petitioned for a primary election. Nominations of
candidates for election as officers of a municipal corporation having
a population of two thousand or more shall be made either by primary
election in conjunction with a partisan general election or by
nominating petition in conjunction with a nonpartisan general
election, as determined under section 3513.01 of the Revised Code.
The
nominating petitions of nonpartisan candidates for election as
officers of a municipal corporation having a population of less than
two thousand, as ascertained by the most recent federal census, shall
be signed by not less than ten qualified electors of the municipal
corporation. Any nominating petition filed under this section shall
be filed with the board of elections not later than four p.m. of the
ninetieth day before the day of the general election, provided that
no such nominating petition shall be accepted for filing if it
appears to contain signatures aggregating in number more than three
times the minimum number of signatures required by this section. A
board of elections shall not accept for filing a nominating petition
of a person 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
municipal office, or for a 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. 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 when the number of verified signatures on a
petition equals the minimum required number of qualified signatures.
Nomination
of nonpartisan candidates for election as officers of a municipal
corporation having a population of two thousand or more, as
ascertained by the next preceding federal census, shall be made only
by nominating petition. Nominating
petitions of nonpartisan candidates for election as officers of a
municipal corporation having a population of two thousand or more but
less than five thousand, as ascertained by the next preceding federal
census, shall be signed by not less than fifty qualified electors of
the municipal corporation or ward thereof in the case of the
nominating petition of a candidate for election as councilperson from
such ward. Nominating petitions of nonpartisan candidates for
election as officers of a municipal corporation having a population
of five thousand or more, as ascertained by the next preceding
federal census, shall be signed by not less than fifty qualified
electors of the municipal corporation or ward thereof in the case of
the nominating petition of a candidate for election as councilperson
from such ward.
Sec.
3513.253. Nominations
of candidates for election as officers of a township shall be made
only by nominating petitions, unless a majority of the electors of
such township have petitioned for a primary election. The
nominating petitions of nonpartisan candidates for township trustee
and township fiscal officer shall be signed by not less than
twenty-five qualified electors of the township. Such petition shall
be filed with the board of elections not later than four p.m. of the
ninetieth day before the day of the general election, provided that
no such nominating petition shall be accepted for filing if it
appears to contain signatures aggregating in number more than three
times the minimum number of signatures required by this section. A
board of elections shall not accept for filing a nominating petition
of a person 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 township
office, or for a municipal 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. 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 when the number of verified signatures on a
petition equals the minimum required number of qualified signatures.
Sec.
3513.254. (A)
The
name of each candidate for member of a city, local, or exempted
village board of education shall appear on the nonpartisan ballot.
Nominating
petitions of candidates for member of a board of education of a local
or exempted village school district shall be signed by twenty-five
qualified electors of the school district. Nominating petitions for
candidates for member of a board of education of a city school
district having a population of less than twenty thousand, as
ascertained by the next preceding federal census, shall be signed by
twenty-five qualified electors of the school district. Nominating
petitions for candidates for member of a board of education of a city
school district having a population of twenty thousand or more but
less than fifty thousand, as ascertained by the next preceding
federal census, shall be signed by seventy-five qualified electors of
the school district. Nominating petitions for candidates for member
of a board of education of a city school district having a population
of fifty thousand or more but less than one hundred thousand, as
ascertained by the next preceding federal census, shall be signed by
one hundred fifty qualified electors of the school district.
Nominating petitions for candidates for member of a board of
education of a city school district having a population of one
hundred thousand or more, as ascertained by the next preceding
federal census, shall be signed by three hundred qualified electors
of the school district.
(B)
Nominating petitions shall be filed with the board of elections not
later than four p.m. of the ninetieth day before the day of the
general election, provided that no such petition shall be accepted
for filing if it appears to contain signatures aggregating in number
more than three times the minimum number of signatures required by
this section. A board of elections shall not accept for filing a
nominating petition of a person 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 position
as a member of a city, local, or exempted village board of education
or position as a member of a governing board of an educational
service center, or for a municipal or township office. 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 petitions when the number of verified
signatures equals the minimum required number of qualified
signatures.
(C)
This section is subject to section 3513.256 of the Revised Code.
Sec.
3513.255. This
section is subject to section 3513.256 of the Revised Code. The name
of each candidate for election as a member of a governing board of an
educational service center shall appear on the nonpartisan ballot.
Each A
nominating
petition for
member of the governing board of an educational service center shall
be signed by fifty qualified electors who reside in one of the
following, as applicable:
(A) The school districts over which the educational service center governing board has jurisdiction, in the case of any candidate running for a position on any educational service center governing board other than a governing board established in accordance with section 3311.054 of the Revised Code;
(B) The subdistrict in which the candidate is running, in the case of a position on a governing board of an educational service center established in accordance with section 3311.054 of the Revised Code.
Each
nominating petition shall be filed with the board of elections of the
county in which the central administrative offices of the educational
service center governing board are located not later than four p.m.
of the ninetieth day before the day of the general election, provided
that no such petition shall be accepted for filing if it appears to
contain signatures aggregating in number more than three times the
minimum number of signatures required by this section. A board of
elections shall not accept for filing a nominating petition of a
person 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 position
as a member of a governing board of an educational service center or
position as a member of a city, local, or exempted village board of
education, or for a municipal or township office. 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
signatures required. A board of elections may discontinue verifying
petitions when the number of verified signatures equals the minimum
required number of qualified signatures.
Sec.
3513.257. Each
person desiring to become an independent candidate for an office for
which candidates may be nominated at a primary election, except
persons desiring to become independent joint candidates for the
offices of governor and lieutenant governor and for the offices of
president and vice-president of the United States, shall file no
later than four p.m. of the day before the day of the primary
election immediately preceding the general election at which such
candidacy is to be voted for by the voters, a statement of candidacy
and nominating petition as provided in section 3513.261 of the
Revised Code. Persons desiring to become independent joint candidates
for the offices of governor and lieutenant governor shall file, not
later than four p.m. of the day before the day of the primary
election, one statement of candidacy and one nominating petition for
the two of them. (A)
Persons
desiring to become independent joint candidates for the offices of
president and vice-president of the United States shall file
in the office of the secretary of state,
not later than four p.m. of the ninetieth day before the day of the
general election at which the president and vice-president are to be
elected, one statement of candidacy and one nominating petition for
the two of them. The prospective independent joint candidates'
statement of candidacy shall be filed with the nominating petition as
one instrument.
The
statement of candidacy and separate petition papers of each candidate
or pair
of joint candidates shall be filed at the same time as one
instrument.
The
nominating petition shall contain signatures of qualified electors of
the district, political subdivision, or portion of a political
subdivision in which the candidacy is to be voted on in an amount to
be determined as follows:
(A)
If the candidacy is to be voted on by electors throughout the entire
state, the (B)
The nominating
petition,
including
the nominating petition of independent joint candidates for the
offices of governor and lieutenant governor,
shall be signed by no less than five thousand qualified electors,
provided that no petition shall be accepted for filing if it purports
to contain more than fifteen thousand signatures.
(B)
If the candidacy is to be voted on by electors in any district,
political subdivision, or part thereof in which less than five
thousand electors voted for the office of governor at the most recent
election for that office, the nominating petition shall contain
signatures of not less than twenty-five qualified electors of the
district, political subdivision, or part thereof, or a number of
qualified signatures equal to at least five per cent of that vote, if
this number is less than twenty-five.
(C)
If the candidacy is to be voted on by electors in any district,
political subdivision, or part thereof in which five thousand or more
electors voted for the office of governor at the most recent election
for that office, the nominating petition shall contain a number of
signatures equal to at least one per cent of those electors.
All
nominating petitions of candidates for offices to be voted on by
electors throughout the entire state shall be filed in the office of
the secretary of state. (C)
No
nominating petition for the offices of president and vice-president
of the United States shall be accepted for filing unless there is
submitted to the secretary of state, at the time of filing the
petition, a slate of presidential electors sufficient in number to
satisfy the requirement of the United States Constitution. The
secretary of state shall not accept for filing the statement of
candidacy of a person who desires to be an independent candidate for
the office of governor unless it also shows the joint candidacy of a
person who desires to be an independent candidate for the office of
lieutenant governor, shall not accept for filing the statement of
candidacy of a person who desires to be an independent candidate for
the office of lieutenant governor unless it also shows the joint
candidacy of a person who desires to be an independent candidate for
the office of governor, and shall not accept for filing the statement
of candidacy of a person who desires to be an independent candidate
to the office of governor or lieutenant governor who, for the same
election, has already filed a declaration of candidacy, a declaration
of intent to be a write-in candidate, or a statement of candidacy, 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 county office.
Nominating
petitions of candidates for offices to be voted on by electors within
a district or political subdivision comprised of more than one county
but less than all counties of the state shall be filed with the
boards of elections of that county or part of a county within the
district or political subdivision which had a population greater than
that of any other county or part of a county within the district or
political subdivision according to the last federal decennial census.
Nominating
petitions for offices to be voted on by electors within a county or
district smaller than a county shall be filed with the board of
elections for such county.
No
petition other than the petition of a candidate whose candidacy is to
be considered by electors throughout the entire state shall be
accepted for filing if it appears on its face to contain more than
three times the minimum required number of signatures. A board of
elections shall not accept for filing 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 by the filling of a vacancy under section
3513.30 of the Revised Code for any federal, state, or county office,
if the nominating petition 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 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. 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 when the number of verified signatures on a
petition equals the minimum required number of qualified signatures.
Any
candidate, other than a candidate for judge of a municipal court,
county court, or court of common pleas, who files a nominating
petition (D)
The candidates may
request, at the time of filing, that the candidate
candidates
be
designated on the ballot as a
nonparty
candidate
candidates
or
as an
other-party
candidate
candidates,
or may request that the
candidate's name their
names be
placed on the ballot without any designation. Any
such candidate Candidates
who
fails
fail
to
request a designation either as a
nonparty
candidate
candidates
or
as an
other-party
candidate
candidates
shall
have the
candidate's name their
names placed
on the ballot without any designation.
The
purpose of establishing a filing deadline for independent candidates
prior to the primary election immediately preceding the general
election at which the candidacy is to be voted on by the voters is to
recognize that the state has a substantial and compelling interest in
protecting its electoral process by encouraging political stability,
ensuring that the winner of the election will represent a majority of
the community, providing the electorate with an understandable
ballot, and enhancing voter education, thus fostering informed and
educated expressions of the popular will in a general election. The
filing deadline for independent candidates required in this section
prevents splintered parties and unrestrained factionalism, avoids
political fragmentation, and maintains the integrity of the ballot.
The deadline, one day prior to the primary election, is the least
drastic or restrictive means of protecting these state interests. The
general assembly finds that the filing deadline for independent
candidates in primary elections required in this section is
reasonably related to the state's purpose of ensuring fair and honest
elections while leaving unimpaired the political, voting, and
associational rights secured by the first and fourteenth amendments
to the United States Constitution.
Sec. 3513.261. A nominating petition may consist of one or more separate petition papers, each of which shall be substantially in the form prescribed in this section. If the petition consists of more than one separate petition paper, the statement of candidacy of the candidate or joint candidates named need be signed by the candidate or joint candidates on only one of such separate petition papers, but the statement of candidacy so signed shall be copied on each other separate petition paper before the signatures of electors are placed on it. Each nominating petition containing signatures of electors of more than one county shall consist of separate petition papers each of which shall contain signatures of electors of only one county; provided that petitions containing signatures of electors of more than one county shall not thereby be declared invalid. In case petitions containing signatures of electors of more than one county are filed, the board of elections shall determine the county from which the majority of the signatures came, and only signatures from this county shall be counted. Signatures from any other county shall be invalid.
All signatures on nominating petitions shall be written in ink or indelible pencil.
At
the time of filing a nominating petition, the candidate designated in
the nominating petition,
and joint candidates for governor and lieutenant governor,
shall pay to the election officials with whom it is filed the fees
specified for the office under divisions (A) and (B) of section
3513.10 of the Revised Code,
if applicable.
The fees shall be disposed of by those election officials in the
manner that is provided in section 3513.10 of the Revised Code for
the disposition of other fees, and in no case shall a fee required
under that section be returned to a candidate.
Candidates
or joint candidates whose names are written on the ballot, and who
are elected, shall pay the same fees under section 3513.10 of the
Revised Code that candidates who file nominating petitions pay.
Payment of these fees shall be a condition precedent to the granting
of their certificates of election.
Each nominating petition shall contain a statement of candidacy that shall be signed by the candidate or joint candidates named in it or by an attorney in fact acting pursuant to section 3501.382 of the Revised Code. Such statement of candidacy shall contain a declaration made under penalty of election falsification that the candidate desires to be a candidate for the office named in it, and that the candidate is an elector qualified to vote for the office the candidate seeks.
The form of the nominating petition and statement of candidacy shall be substantially as follows:
"STATEMENT OF CANDIDACY
I, ___________________________________ (Name of candidate), the undersigned, hereby declare under penalty of election falsification that my voting residence is in ________________ __________ Precinct of the _________________________ (Township) or (Ward and City, or Village) in the county of _______________ Ohio; that my post-office address is ____________________________ (Street and Number, if any, or Rural Route and Number) of the _______________________________ (City, Village, or post office) of ____________________, Ohio; and that I am a qualified elector in the precinct in which my voting residence is located. I hereby declare that I desire to be a candidate for election to the office of ______________ in the ________________________ (State, District, County, City, Village, Township, or School District) for the ______________________________________ (Full term or unexpired term ending ________________) at the General Election to be held on the ___________ day of ___________, ____
I further declare that I am an elector qualified to vote for the office I seek. Dated this _______ day of ______________, ____
___________________________
(Signature of candidate)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.
I, _________________________________, hereby constitute the persons named below a committee to represent me:
Name Residence
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
________________________________________________________________
NOMINATING PETITION
We, the undersigned, qualified electors of the state of Ohio, whose voting residence is in the County, City, Village, Ward, Township or Precinct set opposite our names, hereby nominate ____________________ as a candidate for election to the office of ___________________________ in the ____________________________ (State, District, County, City, Village, Township, or School District) for the _________________ (Full term or unexpired term ending ___________________) to be voted for at the general election next hereafter to be held, and certify that this person is, in our opinion, well qualified to perform the duties of the office or position to which the person desires to be elected.
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___________________________, declares under penalty of election falsification that such person is a qualified elector of the state of Ohio and resides at the address appearing below such person's signature hereto; that such person is the circulator of the foregoing petition paper containing ________________ signatures; that such person witnessed the affixing of every signature; that all signers were to the best of such person's knowledge and belief qualified to sign; and that every signature is to the best of such person'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.
___________________________
(Signature of circulator)
___________________________
(Address of circulator's
permanent residence
in this state)
___________________________
(If petition is for a statewide
candidate, the name and address
of person employing circulator
to circulate petition, if any)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE."
The secretary of state shall prescribe a form of nominating petition for a group of candidates for the office of member of a board of education, township office, and offices of municipal corporations of under two thousand population.
The
secretary of state shall prescribe a form of statement of candidacy
and nominating petition, which shall be substantially similar to the
form of statement of candidacy and nominating petition set forth in
this section, that will be suitable for joint candidates for the
offices of governor and lieutenant governor.
If
such petition nominates a candidate whose election is to be
determined by the electors of a county or a district or subdivision
within the county, it shall be filed with the board of such county.
If the petition nominates a candidate whose election is to be
determined by the voters of a subdivision located in more than one
county, it shall be filed with the board of the county in which the
major portion of the population of such subdivision is located.
If
the petition nominates a candidate whose election is to be determined
by the electors of a district comprised of more than one county but
less than all of the counties of the state, it shall be filed with
the board of elections of the most populous county in such district.
If the petition nominates a candidate whose election is to be
determined by the electors of the state at large, it shall be filed
with the secretary of state.
The
secretary of state or a board of elections shall not accept for
filing 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 any
federal, state, or county office, if the nominating petition 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 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.
Sec.
3513.263. The
nominating petitions of all candidates required
to be filed before four p.m. of the ninetieth day before the day of
the general election, shall
be processed as follows:
If such petition is filed with the secretary of state, the secretary of state shall promptly transmit to each board such separate petition papers as purports to contain signatures of electors of the county of such board.
If such petition is filed with the board of a county in which the major portion of the population of a subdivision is located, such board shall promptly transmit to the board of each county in which other portions of such subdivision are located such separate petition papers of the petition as purport to contain signatures of electors of such county.
All petition papers so transmitted to a board of elections, and all nominating petitions filed with a board of elections shall, under proper regulation, be open to public inspection until four p.m. of the eightieth day before the day of such general election. Each board shall, not later than the seventy-eighth day before the day of such general election examine and determine the sufficiency of the signatures on the petition papers transmitted to or filed with it and the validity or invalidity of petitions filed with it, and shall return to each other board all petition papers transmitted to it by such other board, together with its certification of its determination as to the validity or invalidity of signatures thereon. A signature on a nominating petition is not valid if it is dated more than one year before the date the nominating petition was filed. All other matters affecting the validity or invalidity of such petition papers shall be determined by the board with whom such petition papers were filed.
Written protests against such nominating petitions may be filed by any qualified elector eligible to vote for the candidate whose nominating petition the elector objects to, not later than the seventy-fourth day before the general election. Such protests shall be filed with the election officials with whom the nominating petition was filed. Upon the filing of such protests, the election officials with whom it is filed shall promptly fix the time and place for hearing it, and shall forthwith mail notice of the filing of such protest and the time and place for hearing it to the person whose nomination is protested. They shall also forthwith mail notice of the time and place fixed for the hearing to the person who filed the protest. At the time and place fixed, such election officials shall hear the protest and determine the validity or invalidity of the petition. Such determination shall be final.
Sec.
3513.30. (A)(1)
If only one valid declaration of candidacy is filed for nomination as
a candidate of a political party for an office and that candidate
dies prior to the tenth day before the primary election, both of the
following may occur:
(a)
The political party whose candidate died may fill the vacancy so
created as provided in division (A)(2) of this section.
(b)
Any major political party other than the one whose candidate died may
select a candidate as provided in division (A)(2) of this section
under either of the following circumstances:
(i)
No person has filed a valid declaration of candidacy for nomination
as that party's candidate at the primary election.
(ii)
Only one person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election, that
person has withdrawn, died, or been disqualified under section
3513.052 of the Revised Code, and the vacancy so created has not been
filled.
(2)
A vacancy may be filled under division (A)(1)(a) and a selection may
be made under division (A)(1)(b) of this section by the appropriate
committee of the political party in the same manner as provided in
divisions (A) to (E) of section 3513.31 of the Revised Code for the
filling of similar vacancies created by withdrawals or
disqualifications under section 3513.052 of the Revised Code after
the primary election, except that the certification required under
that section may not be filed with the secretary of state, or with a
board of the most populous county of a district, or with the board of
a county in which the major portion of the population of a
subdivision is located, later than four p.m. of the tenth day before
the day of such primary election, or with any other board later than
four p.m. of the fifth day before the day of such primary election.
(3)
(A)
If
only one valid declaration of candidacy is filed for nomination as a
candidate of
a political party for
an office and that candidate dies on or after
the tenth day before
the day of the primary election, that candidate is considered to have
received the nomination of
that candidate's political party at
that primary election, and, for purposes of filling the vacancy so
created, that candidate's death shall be treated as if that candidate
died on the day after the day of the primary election.
(B) Any person filing a declaration of candidacy may withdraw as such candidate at any time prior to the primary election. The withdrawal shall be effected and the statement of withdrawal shall be filed in accordance with the procedures prescribed in division (D) of this section for the withdrawal of persons nominated in a primary election or by nominating petition.
(C) A person who is the first choice for president of the United States by a candidate for delegate or alternate to a national convention of a political party may withdraw consent for the selection of the person as such first choice no later than four p.m. of the fortieth day before the day of the presidential primary election. Withdrawal of consent shall be for the entire slate of candidates for delegates and alternates who named such person as their presidential first choice and shall constitute withdrawal from the primary election by such delegates and alternates. The withdrawal shall be made in writing and delivered to the secretary of state. If the withdrawal is delivered to the secretary of state on or before the seventieth day before the day of the primary election, the boards of elections shall remove both the name of the withdrawn first choice and the names of such withdrawn candidates from the ballots according to the directions of the secretary of state. If the withdrawal is delivered to the secretary of state after the seventieth day before the day of the primary election, the board of elections shall not remove the name of the withdrawn first choice and the names of the withdrawn candidates from the ballots. The board of elections shall post a notice at each polling location on the day of the primary election, and shall enclose with each absent voter's ballot given or mailed after the candidate withdraws, a notice that votes for the withdrawn first choice or the withdrawn candidates will be void and will not be counted. If such names are not removed from all ballots before the day of the election, the votes for the withdrawn first choice or the withdrawn candidates are void and shall not be counted.
(D)
Any person nominated in a primary election or by nominating petition
as a candidate for election at the next general election may withdraw
as such candidate at any time prior to the general election. Such
withdrawal may be effected by the filing of a written statement by
such candidate announcing the candidate's withdrawal and requesting
that the candidate's name not be printed on the ballots. If such
candidate's declaration of candidacy or
nominating petition was
filed with the secretary of state, the candidate's statement of
withdrawal shall be addressed to and filed with the secretary of
state. If such candidate's declaration of candidacy or nominating
petition was filed with a board of elections, the candidate's
statement of withdrawal shall be addressed to and filed with such
board.
(E) When a person withdraws under division (B) or (D) of this section on or before the seventieth day before the day of the primary election or the general election, the board of elections shall remove the name of the withdrawn candidate from the ballots according to the directions of the secretary of state. When a person withdraws under division (B) or (D) of this section after the seventieth day before the day of the primary election or the general election, the board of elections shall not remove the name of the withdrawn candidate from the ballots. The board of elections shall post a notice at each polling place on the day of the election, and shall enclose with each absent voter's ballot given or mailed after the candidate withdraws, a notice that votes for the withdrawn candidate will be void and will not be counted. If the name is not removed from all ballots before the day of the election, the votes for the withdrawn candidate are void and shall not be counted.
Sec.
3513.31. (A)
If
a person nominated in a primary election as a candidate for election
at the next general election, whose candidacy is to be submitted to
the electors of the entire state, withdraws as that candidate or is
disqualified as that candidate under section 3513.052 of the Revised
Code, the vacancy in the party nomination so created may be filled by
the state central committee of the major political party that made
the nomination at the primary election, if the committee's
chairperson and secretary certify the name of the person selected to
fill the vacancy by the time specified in this division, at a meeting
called for that purpose. The meeting shall be called by the
chairperson of that committee, who shall give each member of the
committee at least two days' notice of the time, place, and purpose
of the meeting. If a majority of the members of the committee are
present at the meeting, a majority of those present may select a
person to fill the vacancy. The chairperson and secretary of the
meeting shall certify in writing and under oath to the secretary of
state, not later than the eighty-sixth day before the day of the
general election, the name of the person selected to fill the
vacancy. The certification must be accompanied by the written
acceptance of the nomination by the person whose name is certified. A
vacancy in a party nomination that may be filled by a minor political
party shall be filled in accordance with the party's rules by
authorized officials of the party. Certification must be made as in
the manner provided for a major political party.
(B)
If a person nominated in a primary election as a party candidate for
election at the next general election, whose candidacy is to be
submitted to the electors of a district comprised of more than one
county but less than all of the counties of the state, withdraws as
that candidate or is disqualified as that candidate under section
3513.052 of the Revised Code, the vacancy in the party nomination so
created may be filled by a district committee of the major political
party that made the nomination at the primary election, if the
committee's chairperson and secretary certify the name of the person
selected to fill the vacancy by the time specified in this division,
at a meeting called for that purpose. The district committee shall
consist of the chairperson and secretary of the county central
committee of such political party in each county in the district. The
district committee shall be called by the chairperson of the county
central committee of such political party of the most populous county
in the district, who shall give each member of the district committee
at least two days' notice of the time, place, and purpose of the
meeting. If a majority of the members of the district committee are
present at the district committee meeting, a majority of those
present may select a person to fill the vacancy. The chairperson and
secretary of the meeting shall certify in writing and under oath to
the board of elections of the most populous county in the district,
not later than four p.m. of the eighty-sixth day before the day of
the general election, the name of the person selected to fill the
vacancy. The certification must be accompanied by the written
acceptance of the nomination by the person whose name is certified. A
vacancy in a party nomination that may be filled by a minor political
party shall be filled in accordance with the party's rules by
authorized officials of the party. Certification must be made as in
the manner provided for a major political party.
(C)
If a person nominated in a primary election as a party candidate for
election at the next general election, whose candidacy is to be
submitted to the electors of a county, withdraws as that candidate or
is disqualified as that candidate under section 3513.052 of the
Revised Code, the vacancy in the party nomination so created may be
filled by the county central committee of the major political party
that made the nomination at the primary election, or by the county
executive committee if so authorized, if the committee's chairperson
and secretary certify the name of the person selected to fill the
vacancy by the time specified in this division, at a meeting called
for that purpose. The meeting shall be called by the chairperson of
that committee, who shall give each member of the committee at least
two days' notice of the time, place, and purpose of the meeting. If a
majority of the members of the committee are present at the meeting,
a majority of those present may select a person to fill the vacancy.
The chairperson and secretary of the meeting shall certify in writing
and under oath to the board of that county, not later than four p.m.
of the eighty-sixth day before the day of the general election, the
name of the person selected to fill the vacancy. The certification
must be accompanied by the written acceptance of the nomination by
the person whose name is certified. A vacancy in a party nomination
that may be filled by a minor political party shall be filled in
accordance with the party's rules by authorized officials of the
party. Certification must be made as in the manner provided for a
major political party.
(D)
If a person nominated in a primary election as a party candidate for
election at the next general election, whose candidacy is to be
submitted to the electors of a district within a county, withdraws as
that candidate or is disqualified as that candidate under section
3513.052 of the Revised Code, the vacancy in the party nomination so
created may be filled by a district committee consisting of those
members of the county central committee or, if so authorized, those
members of the county executive committee in that county of the major
political party that made the nomination at the primary election who
represent the precincts or the wards and townships within the
district, if the committee's chairperson and secretary certify the
name of the person selected to fill the vacancy by the time specified
in this division, at a meeting called for that purpose. The district
committee meeting shall be called by the chairperson of the county
central committee or executive committee, as appropriate, who shall
give each member of the district committee at least two days' notice
of the time, place, and purpose of the meeting. If a majority of the
members of the district committee are present at the district
committee meeting, a majority of those present may select a person to
fill the vacancy. The chairperson and secretary of the district
committee meeting shall certify in writing and under oath to the
board of the county, not later than four p.m. of the eighty-sixth day
before the day of the general election, the name of the person
selected to fill the vacancy. The certification must be accompanied
by the written acceptance of the nomination by the person whose name
is certified. A vacancy in a party nomination that may be filled by a
minor political party shall be filled in accordance with the party's
rules by authorized officials of the party. Certification must be
made as in the manner provided for a major political party.
(E)
If a person nominated in a primary election as a party candidate for
election at the next general election, whose candidacy is to be
submitted to the electors of a subdivision within a county, withdraws
as that candidate or is disqualified as that candidate under section
3513.052 of the Revised Code, the vacancy in the party nomination so
created may be filled by a subdivision committee consisting of those
members of the county central committee or, if so authorized, those
members of the county executive committee in that county of the major
political party that made the nomination at that primary election who
represent the precincts or the wards and townships within that
subdivision, if the committee's chairperson and secretary certify the
name of the person selected to fill the vacancy by the time specified
in this division, at a meeting called for that purpose.
The
subdivision committee meeting shall be called by the chairperson of
the county central committee or executive committee, as appropriate,
who shall give each member of the subdivision committee at least two
days' notice of the time, place, and purpose of the meeting. If a
majority of the members of the subdivision committee are present at
the subdivision committee meeting, a majority of those present may
select a person to fill the vacancy. The chairperson and secretary of
the subdivision committee meeting shall certify in writing and under
oath to the board of the county, not later than four p.m. of the
eighty-sixth day before the day of the general election, the name of
the person selected to fill the vacancy. The certification must be
accompanied by the written acceptance of the nomination by the person
whose name is certified. A vacancy in a party nomination that may be
filled by a minor political party shall be filled in accordance with
the party's rules by authorized officials of the party. Certification
must be made in the manner provided for a major political party.
(F)
If
a person nominated by
petition as an independent or nonpartisan candidate for
election
to a voter-nominated or nonpartisan office
at the next general election withdraws as that candidate or is
disqualified as that candidate under section 3513.052 of the Revised
Code, the vacancy so created may be filled by a majority of the
committee of five, as designated on the candidate's nominating
petition
or declaration of candidacy,
if a member of that committee certifies in writing and under oath to
the election officials with whom the candidate filed the candidate's
nominating petition
or declaration of candidacy,
not later than the eighty-sixth day before the day of the general
election, the name of the person selected to fill the vacancy. The
certification shall be accompanied by the written acceptance of the
nomination by the person whose name is certified
and shall be made in the manner provided for a major political party.
(G)
(B)
If
a person nominated in
a primary election or nominated by petition under section 3517.012 of
the Revised Code as a party candidate
for election to
a voter-nominated or nonpartisan office at
the next general election dies, the vacancy so created may be filled
by the same committee in the same manner as provided in this section
for the filling of similar vacancies created by withdrawals or
disqualifications under section 3513.052 of the Revised Code, except
that the certification, when filling a vacancy created by death, may
not be filed with the secretary of state, or with a board of the most
populous county of a district, or with the board of a county in which
the major portion of the population of a subdivision is located,
later than four p.m. of the tenth day before the day of such general
election, or with any other board later than four p.m. of the fifth
day before the day of such general election.
(H)
If a person nominated by petition as an independent or nonpartisan
candidate for election at the next general election dies prior to the
tenth day before the day of that general election, the vacancy so
created may be filled by a majority of the committee of five
designated in the nominating petition to represent the candidate
named in it. To fill the vacancy a member of the committee shall, not
later than four p.m. of the fifth day before the day of the general
election, file with the election officials with whom the petition
nominating the person was filed, a certificate signed and sworn to
under oath by a majority of the members, designating the person they
select to fill the vacancy. The certification must be accompanied by
the written acceptance of the nomination by the person whose name is
so certified.
(I)
(C)
If
a person holding an elective voter-nominated
or nonpartisan office
dies or resigns subsequent to the one hundred fifteenth day before
the day of a primary election and prior to the eighty-sixth day
before the day of the next general election, and if, under the laws
of this state, a person may be elected at that general election to
fill the unexpired term of the person who has died or resigned, the
appropriate committee of each political party, acting as in the case
of a vacancy in a party nomination, as provided in divisions (A) to
(D) of this section, may select a person as the party candidate for
election for such unexpired term at that general election, and
certify the person's name to the appropriate election official not
later than four p.m. on the eighty-sixth day before the day of that
general election, or on the tenth day following the day on which the
vacancy occurs, whichever is later. When the vacancy occurs on or
subsequent to the eighty-sixth day and six or more days prior to the
fortieth day before the general election, the appropriate committee
may select a person as the party candidate and certify the person's
name, as provided in the preceding sentence, not later than four p.m.
on the tenth day following the day on which the vacancy occurs. 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 general election. Thereupon the name
shall be printed as the party candidate under proper titles and in
the proper place on the proper ballots for use at the election. If a
person has been nominated in a primary election or nominated by
petition under section 3517.012 of the Revised Code, the authorized
committee of that political party shall not select and certify a
person as the party candidate.
(J)
Each each
person
desiring to become an
independent a
candidate
to fill the unexpired term shall file a statement of candidacy and
nominating petition, as provided in section 3513.261 of the Revised
Code, with the appropriate election official not later than four p.m.
on the tenth day following the day on which the vacancy occurs,
provided that when the vacancy occurs fewer than six days before the
fifty-sixth day before the general election, the deadline for filing
shall be four p.m. on the fiftieth day before the general election.
The nominating petition shall contain at
least seven hundred fifty signatures and no more than one thousand
five hundred signatures
of qualified electors of the district, political subdivision, or
portion of a political subdivision in which the office is to be voted
upon,
or
equal
to the
applicable
amount
provided for in section 3513.257
3513.05
of
the Revised Code,
whichever is less.
(K)
(D)
When
a person nominated as a candidate by
a political party for
a voter-nominated office in
a primary election or
by nominating petition for an elective office for which candidates
are nominated at a party primary election withdraws,
dies, or is disqualified under section 3513.052 of the Revised Code
prior to the general election, the
appropriate committee of any other major political party or a
committee
of five that
has not nominated a candidate for that office, or whose
nominee as a candidate for that office has withdrawn, died, or been
disqualified without the vacancy so created having been filled, may,
acting as in the case of a vacancy in a party
nomination
or
nomination by petition as
provided in divisions
division
(A)
to
(F) or
(B) of
this section, whichever is appropriate, select a person as a
candidate of
that party or of
that committee of five for election to the office.
Sec. 3513.311. (A) If a candidate for lieutenant governor dies, withdraws, or is disqualified as a candidate prior to the seventieth day before the day of a primary election, the vacancy on the ballot shall be filled by appointment by the joint candidate for the office of governor. Such candidate for governor shall certify in writing and under oath to the secretary of state not later than the sixty-fifth day before the day of such election the name and residence address of the person selected to fill such vacancy.
(B) If a candidate for governor dies, withdraws, or is disqualified as a candidate prior to the seventieth day before the day of a primary election, the vacancy on the ballot shall be filled by appointment by the joint candidate for the office of lieutenant governor. Such candidate for lieutenant governor shall certify in writing and under oath to the secretary of state not later than the sixty-fifth day before the day of such election the name and residence address of the person selected to fill such vacancy.
(C) If a candidate for the office of lieutenant governor dies on or after the seventieth day, but prior to the tenth day, before a primary election, the vacancy so created shall be filled by appointment by the joint candidate for the office of governor. Such candidate for governor shall certify in writing and under oath to the secretary of state not later than the fifth day before the day of such election the name and residence address of the person selected to fill such vacancy.
(D) If a candidate for the office of governor dies on or after the seventieth day, but prior to the tenth day, before a primary election, the vacancy so created shall be filled by appointment by the joint candidate for the office of lieutenant governor. Such candidate for lieutenant governor shall certify in writing and under oath to the secretary of state not later than the fifth day before the day of such election the name and residence address of the person selected to fill such vacancy.
(E)
If a person nominated in a primary election or
nominated by petition under section 3517.012 of the Revised Code as
a candidate for election to the office of governor or lieutenant
governor at the next general election withdraws as such candidate
prior to the ninetieth day before the day of the general election or
dies prior to the tenth day before the day of such general election,
the vacancy so created shall be filled in the manner provided for by
section 3513.31 of the Revised Code.
(F)
If a person nominated by petition as an independent candidate for
election to the office of governor or lieutenant governor withdraws
as such candidate prior to the ninetieth day before the day of the
general election or dies prior to the tenth day before the day of
such general election, the vacancy so created shall be filled by the
candidates' committee in the manner provided for, as in the case of
death, by section 3513.31 of the Revised Code, except that, in the
case of withdrawal of candidacy, the name and residence address of
the replacement candidate shall be certified in writing and under
oath to the secretary of state not later than the eighty-sixth day
before the day of the general election.
(G)
If the vacancy in a joint candidacy for governor and lieutenant
governor can be filled in accordance with this section and is not so
filled, the joint candidacy which has not been vacated shall be
invalidated and shall not be presented for election.
(H)(G)
Any replacement candidate appointed or selected pursuant to this
section shall be one who has the qualifications of an elector.
Sec. 3513.32. When a special election is found necessary to fill a vacancy, the date of the primary election shall be fixed at the same time and in the same manner as that of the election, by the authority calling such special election. The primary election shall be held at least fifteen days prior to the time fixed for such special election. Declaration of candidacy and certificates for such primary shall be filed and fees shall be paid at least ten days before the date for holding such primary election.
A
primary election preceding a special election to fill a vacancy in an
office shall be eliminated if
no valid declaration of candidacy is filed for such office, or if
the number of persons filing such
valid
declarations
of candidacy as
candidates of one political party does
not exceed three
times the
number of candidates which
such political party is entitled to nominate to
be nominated for
election to such office.
Sec.
3513.33. At
the time a person files a declaration of candidacy,
or
nominating petition,
or declaration
of intent to be otherwise
becomes a
write-in
candidate,
the secretary of state or the board of elections shall furnish that
person with a copy of section 3517.21 of the Revised Code. Each
person who receives the copy shall acknowledge its receipt in
writing.
Sec. 3517.01. (A)(1) A political party within the meaning of Title XXXV of the Revised Code is any group of voters that meets either of the following requirements:
(a)
Except as otherwise provided in this division, at the most recent
regular state election, the group polled for its candidate
for governor in the state or nominees
for presidential electors at least three per cent of the entire vote
cast for that office
in this state.
A group that meets the requirements of this division remains a
political party for a period of four years after meeting those
requirements.
(b) The group filed with the secretary of state, subsequent to its failure to meet the requirements of division (A)(1)(a) of this section, a party formation petition that meets all of the following requirements:
(i) The petition is signed by qualified electors equal in number to at least one per cent of the total vote for governor or nominees for presidential electors at the most recent election for such office.
(ii) The petition is signed by not fewer than five hundred qualified electors from each of at least a minimum of one-half of the congressional districts in this state. If an odd number of congressional districts exists in this state, the number of districts that results from dividing the number of congressional districts by two shall be rounded up to the next whole number.
(iii) The petition declares the petitioners' intention of organizing a political party, the name of which shall be stated in the declaration, and of participating in the succeeding general election, held in even-numbered years, that occurs more than one hundred twenty-five days after the date of filing.
(iv) The petition designates a committee of not less than three nor more than five individuals of the petitioners, who shall represent the petitioners in all matters relating to the petition. Notice of all matters or proceedings pertaining to the petition may be served on the committee, or any of them, either personally or by registered mail, or by leaving such notice at the usual place of residence of each of them.
(2) No such group of electors shall assume a name or designation that is similar, in the opinion of the secretary of state, to that of an existing political party as to confuse or mislead the voters at an election.
(B) A campaign committee shall be legally liable for any debts, contracts, or expenditures incurred or executed in its name.
(C) Notwithstanding the definitions found in section 3501.01 of the Revised Code, as used in this section and sections 3517.08 to 3517.991 of the Revised Code:
(1) "Campaign committee" means a candidate or a combination of two or more persons authorized by a candidate under section 3517.081 of the Revised Code to receive contributions and make expenditures.
(2) "Campaign treasurer" means an individual appointed by a candidate under section 3517.081 of the Revised Code.
(3) "Candidate" has the same meaning as in division (H) of section 3501.01 of the Revised Code and also includes any person who, at any time before or after an election, receives contributions or makes expenditures or other use of contributions, has given consent for another to receive contributions or make expenditures or other use of contributions, or appoints a campaign treasurer, for the purpose of bringing about the person's nomination or election to public office. When two persons jointly seek the offices of governor and lieutenant governor, "candidate" means the pair of candidates jointly. "Candidate" does not include candidates for election to the offices of member of a county or state central committee, presidential elector, and delegate to a national convention or conference of a political party.
(4) "Continuing association" means an association, other than a campaign committee, political party, legislative campaign fund, political contributing entity, or labor organization, that is intended to be a permanent organization that has a primary purpose other than supporting or opposing specific candidates, political parties, or ballot issues, and that functions on a regular basis throughout the year. "Continuing association" includes organizations that are determined to be not organized for profit under subsection 501 and that are described in subsection 501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.
(5) "Contribution" means a loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, or transfer of funds or anything of value, including a transfer of funds from an inter vivos or testamentary trust or decedent's estate, and the payment by any person other than the person to whom the services are rendered for the personal services of another person, which contribution is made, received, or used for the purpose of influencing the results of an election. Any loan, gift, deposit, forgiveness of indebtedness, donation, advance, payment, or transfer of funds or of anything of value, including a transfer of funds from an inter vivos or testamentary trust or decedent's estate, and the payment by any campaign committee, political action committee, legislative campaign fund, political party, political contributing entity, or person other than the person to whom the services are rendered for the personal services of another person, that is made, received, or used by a state or county political party, other than the moneys an entity may receive under sections 3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be considered to be a "contribution" for the purpose of section 3517.10 of the Revised Code and shall be included on a statement of contributions filed under that section.
"Contribution" does not include any of the following:
(a) Services provided without compensation by individuals volunteering a portion or all of their time on behalf of a person;
(b) Ordinary home hospitality;
(c) The personal expenses of a volunteer paid for by that volunteer campaign worker;
(d) Any gift given to an entity pursuant to section 3517.101 of the Revised Code;
(e) Any contribution as defined in section 3517.1011 of the Revised Code that is made, received, or used to pay the direct costs of producing or airing an electioneering communication;
(f) Any gift given to a state or county political party for the party's restricted fund under division (A)(2) of section 3517.1012 of the Revised Code;
(g) Any gift given to a state political party for deposit in a Levin account pursuant to section 3517.1013 of the Revised Code. As used in this division, "Levin account" has the same meaning as in that section.
(h) Any donation given to a transition fund under section 3517.1014 of the Revised Code.
(6) "Expenditure" means the disbursement or use of a contribution for the purpose of influencing the results of an election or of making a charitable donation under division (G) of section 3517.08 of the Revised Code. Any disbursement or use of a contribution by a state or county political party is an expenditure and shall be considered either to be made for the purpose of influencing the results of an election or to be made as a charitable donation under division (G) of section 3517.08 of the Revised Code and shall be reported on a statement of expenditures filed under section 3517.10 of the Revised Code. During the thirty days preceding a primary or general election, any disbursement to pay the direct costs of producing or airing a broadcast, cable, or satellite communication that refers to a clearly identified candidate shall be considered to be made for the purpose of influencing the results of that election and shall be reported as an expenditure or as an independent expenditure under section 3517.10 or 3517.105 of the Revised Code, as applicable, except that the information required to be reported regarding contributors for those expenditures or independent expenditures shall be the same as the information required to be reported under divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.
As used in this division, "broadcast, cable, or satellite communication" and "refers to a clearly identified candidate" have the same meanings as in section 3517.1011 of the Revised Code.
(7) "Personal expenses" includes, but is not limited to, ordinary expenses for accommodations, clothing, food, personal motor vehicle or airplane, and home telephone.
(8) "Political action committee" means a combination of two or more persons, the primary or major purpose of which is to support or oppose any candidate, political party, or issue, or to influence the result of any election through express advocacy, and that is not a political party, a campaign committee, a political contributing entity, or a legislative campaign fund. "Political action committee" does not include either of the following:
(a) A continuing association that makes disbursements for the direct costs of producing or airing electioneering communications and that does not engage in express advocacy;
(b) A political club that is formed primarily for social purposes and that consists of one hundred members or less, has officers and periodic meetings, has less than two thousand five hundred dollars in its treasury at all times, and makes an aggregate total contribution of one thousand dollars or less per calendar year.
(9) "Public office" means any state, county, municipal, township, or district office, except an office of a political party, that is filled by an election and the offices of United States senator and representative.
(10) "Anything of value" has the same meaning as in section 1.03 of the Revised Code.
(11) "Beneficiary of a campaign fund" means a candidate, a public official or employee for whose benefit a campaign fund exists, and any other person who has ever been a candidate or public official or employee and for whose benefit a campaign fund exists.
(12) "Campaign fund" means money or other property, including contributions.
(13) "Public official or employee" has the same meaning as in section 102.01 of the Revised Code.
(14) "Caucus" means all of the members of the house of representatives or all of the members of the senate of the general assembly who are members of the same political party.
(15) "Legislative campaign fund" means a fund that is established as an auxiliary of a state political party and associated with one of the houses of the general assembly.
(16) "In-kind contribution" means anything of value other than money that is used to influence the results of an election or is transferred to or used in support of or in opposition to a candidate, campaign committee, legislative campaign fund, political party, political action committee, or political contributing entity and that is made with the consent of, in coordination, cooperation, or consultation with, or at the request or suggestion of the benefited candidate, committee, fund, party, or entity. The financing of the dissemination, distribution, or republication, in whole or part, of any broadcast or of any written, graphic, or other form of campaign materials prepared by the candidate, the candidate's campaign committee, or their authorized agents is an in-kind contribution to the candidate and an expenditure by the candidate.
(17) "Independent expenditure" means an expenditure by a person advocating the election or defeat of an identified candidate or candidates, that is not made with the consent of, in coordination, cooperation, or consultation with, or at the request or suggestion of any candidate or candidates or of the campaign committee or agent of the candidate or candidates. As used in division (C)(17) of this section:
(a) "Person" means an individual, partnership, unincorporated business organization or association, political action committee, political contributing entity, separate segregated fund, association, or other organization or group of persons, but not a labor organization or a corporation unless the labor organization or corporation is a political contributing entity.
(b) "Advocating" means any communication containing a message advocating election or defeat.
(c) "Identified candidate" means that the name of the candidate appears, a photograph or drawing of the candidate appears, or the identity of the candidate is otherwise apparent by unambiguous reference.
(d) "Made in coordination, cooperation, or consultation with, or at the request or suggestion of, any candidate or the campaign committee or agent of the candidate" means made pursuant to any arrangement, coordination, or direction by the candidate, the candidate's campaign committee, or the candidate's agent prior to the publication, distribution, display, or broadcast of the communication. An expenditure is presumed to be so made when it is any of the following:
(i) Based on information about the candidate's plans, projects, or needs provided to the person making the expenditure by the candidate, or by the candidate's campaign committee or agent, with a view toward having an expenditure made;
(ii) Made by or through any person who is, or has been, authorized to raise or expend funds, who is, or has been, an officer of the candidate's campaign committee, or who is, or has been, receiving any form of compensation or reimbursement from the candidate or the candidate's campaign committee or agent;
(iii) Except as otherwise provided in division (D) of section 3517.105 of the Revised Code, made by a political party in support of a candidate, unless the expenditure is made by a political party to conduct voter registration or voter education efforts.
(e) "Agent" means any person who has actual oral or written authority, either express or implied, to make or to authorize the making of expenditures on behalf of a candidate, or means any person who has been placed in a position with the candidate's campaign committee or organization such that it would reasonably appear that in the ordinary course of campaign-related activities the person may authorize expenditures.
(18) "Labor organization" means a labor union; an employee organization; a federation of labor unions, groups, locals, or other employee organizations; an auxiliary of a labor union, employee organization, or federation of labor unions, groups, locals, or other employee organizations; or any other bona fide organization in which employees participate and that exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, hours, and other terms and conditions of employment.
(19) "Separate segregated fund" means a separate segregated fund established pursuant to the Federal Election Campaign Act.
(20) "Federal Election Campaign Act" means the "Federal Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et seq., as amended.
(21) "Restricted fund" means the fund a state or county political party must establish under division (A)(1) of section 3517.1012 of the Revised Code.
(22) "Electioneering communication" has the same meaning as in section 3517.1011 of the Revised Code.
(23) "Express advocacy" means a communication that contains express words advocating the nomination, election, or defeat of a candidate or that contains express words advocating the adoption or defeat of a question or issue, as determined by a final judgment of a court of competent jurisdiction.
(24) "Political committee" has the same meaning as in section 3517.1011 of the Revised Code.
(25) "Political contributing entity" means any entity, including a corporation or labor organization, that may lawfully make contributions and expenditures and that is not an individual or a political action committee, continuing association, campaign committee, political party, legislative campaign fund, designated state campaign committee, or state candidate fund. For purposes of this division, "lawfully" means not prohibited by any section of the Revised Code, or authorized by a final judgment of a court of competent jurisdiction.
(26) "Internet identifier of record" has the same meaning as in section 9.312 of the Revised Code.
Sec. 3517.012. (A)(1) When a party formation petition meeting the requirements of section 3517.01 of the Revised Code declaring the intention to organize a political party is filed with the secretary of state, the new party comes into legal existence on the date of filing and is entitled to nominate candidates for president and vice-president of the United States to appear on the ballot at the general election held in even-numbered years that occurs more than one hundred twenty-five days after the date of filing.
(2)(a) Upon receiving a party formation petition filed under division (A)(1) of this section, the secretary of state shall promptly transmit to each board of elections the separate petition papers that purport to contain signatures of electors of that board's county.
(b) Not later than the one hundred eighteenth day before the day of the general election, each board shall examine and determine the sufficiency of the signatures on the petition papers and shall return them to the secretary of state, together with the board's certification of its determination as to the validity or invalidity of the signatures on the petition.
(c) Any qualified elector may file a written protest against the petition with the secretary of state not later than the one hundred fourteenth day before the day of the general election. Any such protest shall be resolved in the manner specified under section 3501.39 of the Revised Code.
(d) Not later than the ninety-fifth day before the day of the general election, the secretary of state shall determine whether the party formation petition is sufficient and shall notify the committee designated in the petition of that determination.
(B)(1)
Not later than one hundred ten days before the day of that general
election and not earlier than the day the applicable party formation
petition is filed, each candidate
or pair
of joint candidates wishing to appear on the ballot at the general
election as the nominee
or nominees
of the party that filed the party formation petition for
president and vice-president of the United States shall
file a nominating petition, on a form prescribed by the secretary of
state, that includes the name of the political party that submitted
the party formation petition. Except as otherwise provided in this
section and sections
3505.03, 3505.08, 3506.11, 3513.31, 3513.311, and 3513.312
section
3503.10 of
the Revised Code, the provisions of the Revised Code concerning
independent candidates for
president and vice-president of the United States who
file nominating petitions apply to candidates who file nominating
petitions under this section.
(2)(a)
If the candidacy is to be submitted to electors throughout the entire
state, the (2)
The nominating
petition,
including a petition for joint candidates for the offices of governor
and lieutenant governor,
shall be signed by at least fifty qualified electors who have not
voted as a member of a different political party at any party
primary
election within the current year or the immediately preceding two
calendar years.
(b)
Except as otherwise provided in this division, if the candidacy is to
be submitted only to electors within a district, political
subdivision, or portion thereof, the nominating petition shall be
signed by not less than five qualified electors who have not voted as
a member of a different political party at any primary election
within the current year or the immediately preceding two calendar
years.
(3)(a)
Each board of elections that is responsible to verify signatures on
the nominating petition shall examine and determine the sufficiency
of those signatures not later than the one hundred fifth day before
the day of the general election
and shall be resolved as specified in that section.
(b) Written protests against the petition may be filed in the manner specified under section 3513.263 of the Revised Code not later than the one hundredth day before the general election and shall be resolved as specified in that section.
(c)
Not later than the ninety-fifth day before the day of the general
election, the secretary of state or the board of elections, as
applicable, shall determine whether the nominating petition is
sufficient and shall notify the candidate
candidates
and
the committee designated in the party formation petition of that
determination.
(C)(1)
After being notified that the political party has submitted a
sufficient party formation petition under division (A) of this
section, the committee designated in a party formation petition
shall, not later than the seventy-fifth day before the day of the
general election, certify to the secretary of state a
slate of candidates consisting of candidates or joint candidates who
the
names of the party's nominees for president and vice-president of the
United States, who shall have submitted
a
sufficient
nominating petitions
petition
under
division (B) of this section,
along with a slate of presidential electors.
The slate
certifying the candidates certification
shall
be on a form prescribed by the secretary of state
and ,
signed
by all of the individuals of the committee designated in the party
formation petition,
and made in accordance with section 3505.10 of the Revised Code.
In no event shall the slate of candidates include more than one
candidate for any public office or more than one set of joint
candidates for the offices of governor and lieutenant governor. The
names of the candidates or joint candidates so certified shall appear
on the ballot at the general election as that party's nominees for
those offices. For purposes of this division, "joint candidates"
means the joint candidates for the offices of governor and lieutenant
governor.
(2) If a candidate's nominating petition is insufficient or if the committee does not certify the candidate's name under division (C)(1) of this section, the candidate shall not appear on the ballot in the general election.
(3) If a party formation petition is insufficient, no candidate for president or vice-president of the United States shall appear on the ballot in the general election as that political party's nominee, regardless of whether any candidate's nominating petition is sufficient.
Sec.
3517.016. At
the first party
primary
election
held
by a newly formed political party meeting the requirements of
sections 3517.011 and 3517.012 of the Revised Code, any qualified
elector who desires to vote the new party
party's
primary
ballot is not subject to section 3513.19 of the Revised Code and
shall be allowed to vote the new party
party's
primary
ballot regardless of prior political party affiliation.
Sec.
3517.02. All
members of controlling committees of a major political party shall be
elected by direct vote of the members of the party, except as
otherwise provided in section 3517.05 of the Revised Code. Their
names shall be placed upon the official party
primary ballot,
and,
notwithstanding division (B) of section 3513.23 of the Revised Code,
the persons receiving the highest number of votes for
committeepersons shall be the members of those controlling
committees. Each member of a controlling committee shall be a
resident and qualified elector of the district, ward, or precinct
that the member is elected to represent. All members of controlling
committees of a minor political party shall be determined in
accordance with party rules.
Each political party shall file with the office of the secretary of state a copy of its constitution and bylaws, if any, within thirty days of adoption or amendment. Each party shall also file with the office of the secretary of state a list of members of its controlling committees and other party officials within thirty days of their election or appointment.
Sec. 3517.03. The controlling committees of each major political party or organization shall be a state central committee consisting of two members, one a man and one a woman, representing either each congressional district in the state or each senatorial district in the state, as the outgoing committee determines; a county central committee consisting of one member from each election precinct in the county, or of one member from each ward in each city and from each township in the county, as the outgoing committee determines; and such district, city, township, or other committees as the rules of the party provide.
All
the members of such committees shall be members of the party and
shall be elected for terms of either two or four years, as determined
by party rules, by direct vote at the primary held in an
even-numbered year. Except as otherwise provided in section 3517.02
of the Revised Code, candidates for election as state central
committee members shall be elected at primaries in the same manner as
provided in sections 3513.01 to 3513.32 of the Revised Code for the
nomination of candidates for partisan
office
in a county.
Candidates for election as members of the county central committee
shall be elected at primaries in the same manner as provided in those
sections for the nomination of candidates for county
partisan
offices,
except as otherwise provided in sections 3513.051 and 3517.02 of the
Revised Code.
Each major party controlling committee shall elect an executive committee that shall have the powers granted to it by the party controlling committee, and provided to it by law. When a judicial, senatorial, or congressional district is comprised of more than one county, the chairperson and secretary of the county central committee from each county in that district shall constitute the judicial, senatorial, or congressional committee of the district. When a judicial, senatorial, or congressional district is included within a county, the county central committee shall constitute the judicial, senatorial, or congressional committee of the district.
A minor political party may elect controlling committees at a primary election in the even-numbered year by filing a plan for party organization with the secretary of state on or before the ninetieth day before the day of the primary election. The plan shall specify which offices are to be elected and provide the procedure for qualification of candidates for those offices. Candidates to be elected pursuant to the plan shall be designated and qualified on or before the ninetieth day before the day of the election. Such parties may, in lieu of electing a controlling committee or other officials, choose such committee or other officials in accordance with party rules. Each such party shall file the names and addresses of members of its controlling committee and party officers with the secretary of state.
Section 2. That existing sections 111.27, 3501.01, 3501.06, 3501.22, 3501.23, 3505.03, 3505.04, 3505.08, 3505.10, 3505.23, 3505.27, 3505.33, 3505.34, 3505.35, 3505.36, 3505.37, 3506.11, 3509.03, 3509.04, 3511.02, 3511.05, 3513.01, 3513.02, 3513.04, 3513.041, 3513.05, 3513.052, 3513.07, 3513.08, 3513.10, 3513.12, 3513.121, 3513.13, 3513.14, 3513.15, 3513.18, 3513.19, 3513.20, 3513.22, 3513.24, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, 3513.261, 3513.263, 3513.30, 3513.31, 3513.311, 3513.32, 3513.33, 3517.01, 3517.012, 3517.016, 3517.02, and 3517.03 of the Revised Code are hereby repealed.
Section 3. That sections 3513.16, 3513.191, 3513.192, 3513.23, 3513.256, 3513.262, 3513.28, 3513.301, 3513.312, 3517.013, and 3517.014 of the Revised Code are hereby repealed.
Section 4. Section 3505.08 of the Revised Code is presented in this act as a composite of the section as amended by both S.B. 109 and S.B. 193 of the 130th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act.