Amendment No. am_136_0685

S. B. No. 4

As Introduced

__________________________ moved to amend as follows:

In line 1 of the title, delete "sections 109.95 and" and insert "section"

In line 7, delete "sections 109.95 and" and insert "section"

Delete lines 10 through 35

After line 301, insert:

"(D) Within one year after receiving a referral for further investigation or prosecution from the election integrity unit, the prosecuting attorney shall either prosecute the violation or provide to the election integrity unit a written statement explaining the reason for declining to prosecute the referral or requesting any additional evidence needed to meet the prima facie standard established under section 3599.42 of the Revised Code. If the prosecuting attorney declines to prosecute the violation within one year after receiving the referral, the election integrity unit may refer the violation to the attorney general for further investigation or prosecution. If the prosecuting attorney or the attorney general requests additional evidence, the election integrity unit shall provide such evidence, if available, within ninety days after receiving the request. Within one hundred eighty days after receiving the additional evidence, the prosecuting attorney either shall prosecute the violation or provide a written statement to the election integrity unit explaining a reason for declining to prosecute. If the prosecuting attorney fails to provide this statement or prosecute within one hundred eighty days after receiving the additional evidence, the election integrity unit may refer the violation to the attorney general for further investigation or prosecution."

In line 302, delete "sections 109.95 and" and insert "section"

In line 303, delete "are" and insert "is"

The motion was __________ agreed to.

SYNOPSIS

Prosecution of alleged violations

R.C. 109.95 and 3501.055

Requires prosecuting authorities, within one year of receiving a referral from the Election Integrity Unit, to either prosecute the violation, request additional evidence from the Unit, or decline to prosecute via a written statement.

Permits the Unit to refer a case to the Attorney General if the prosecuting authority declines to prosecute the violation and send a written statement explaining why.

If the prosecuting authority requests additional evidence from the Unit, requires the Unit to respond to the request within 90 days.

If the Unit provides additional evidence, gives the prosecuting authority 180 days to prosecute or decline to prosecute via written statement; if the prosecuting authority does neither, permits the Unit to refer the case to the Attorney General.