As Introduced
132nd General Assembly
Regular Session H. J. R. No. 18
2017-2018
Representative Ramos
A J O I N T R E S O L U T I O N
Proposing to amend Section 11 of Article II of the Constitution of the State of Ohio to require a vacancy in the General Assembly to be filled by holding a special election.
Be it resolved by the General Assembly of the State of Ohio, three-fifths of the members elected to each house concurring herein, that there shall be submitted to the electors of the state, in the manner prescribed by law at the general election to be held on November 6, 2018, a proposal to amend Section 11 of Article II of the Constitution of the State of Ohio to read as follows:
ARTICLE II
Section
11.
(A)
A
vacancy in the Senate
senate
or
in the House
house
of
Representatives
representatives
for
any cause, including the failure of a member-elect to qualify for
office, shall be filled by holding
a special election
by the members of the Senate or the members of the House of
Representatives, as the case may be, who are affiliated with the same
political party
as the person last elected by the electors to the seat which has
become vacant
in accordance with this section.
A
vacancy occurring before or during the first twenty months of a
Senatorial term shall be filled temporarily by election as provided
in this section, for only that portion of the term which will expire
on the thirty-first day of December following the next general
election occurring in an even-numbered year after the vacancy occurs,
at which election the seat shall be filled by the electors as
provided by law for the remaining, unexpired portion of the term, the
member-elect so chosen to take office on the first day in January
next following such election. No
(B)
No
person
shall be elected to fill a vacancy in the Senate
senate
or
House
house
of
Representatives
representatives,
as the case may be, unless he
the
person
meets the qualifications set forth in this Constitution
constitution
and
the laws of this state for the seat in which the vacancy occurs. An
election to fill
(C)
When
a
vacancy shall
be accomplished, notwithstanding the provisions of section 27,
Article II of this Constitution, by the adoption of a resolution,
while occurs
in
the
Senate
senate
or
the House
house
of
Representatives
representatives,
as
the case may be, is in session, with the taking of the yeas and nays
of the members of the Senate or the House of Representatives, as the
case may be, affiliated with the same political party as the person
last elected to the seat in which the vacancy occurs. The adoption of
such resolution shall require the affirmative vote of a majority of
the members elected to the Senate or the House of Representatives, as
the case may be, entitled to vote thereon. Such vote shall be spread
upon the journal of the Senate or the House of Representatives, as
the case may be, and certified to the Secretary of State by the
clerk
thereof
of the senate or the house of representatives, as applicable, shall
certify that fact to the governor.
The
Secretary of State shall, upon receipt of such Upon
receiving that
certification,
the
governor shall issue both of the following to the secretary of state:
(1) A writ of election directing that a special primary election be held to nominate candidates for election to fill the vacancy for the remainder of the unexpired term. The special primary election shall be held not later than the next day on which a primary, special, or general election may be held.
(2) A writ of election directing that a special election be held to fill the vacancy for the remainder of the unexpired term. The special election shall be held not later than the next day on which a primary, special, or general election may be held after the special primary election is held under division (C)(1) of this section.
(D)
After the elections described in division (C) of this section are
held, the secretary of state shall issue
a certificate of election to the person so elected and upon
presentation of such certificate to the Senate
senate
or
the House
house
of
Representatives
representatives,
as the case may be, the person so elected shall take the oath of
office and become a member of the Senate
senate
or
the House
house
of
Representatives
representatives,
as the case may be, for the remainder
of the unexpired term
for which he
the
person
was so elected.
(E) The state shall bear the entire cost of all special primary elections and special elections held under this section.
EFFECTIVE DATE AND REPEAL
If adopted by a majority of the electors voting on this proposal, Section 11 of Article II of the Constitution of the State of Ohio as amended by this proposal shall take effect immediately and existing Section 11 of Article II of the Constitution of the State of Ohio shall be repealed from that effective date.
SCHEDULE
The amendments to Section 11 of Article II of the Constitution of the State of Ohio in part substitute gender neutral for gender specific language. These gender neutralizing amendments are not intended to make a substantive change in the Ohio Constitution. The gender neutral language is to be construed as a restatement of, and substituted in a continuing way for, the corresponding gender specific language existing before adoption of the gender neutralizing amendments.