Read the full stored bill text
As Introduced
136th
General Assembly
Regular
Session
H. B. No. 153
2025-2026
Representatives Lear, Hall, T.
Cosponsors: Representatives Hiner,
Dean, King, Williams, Gross, Fowler Arthur, Workman, Fischer,
Mullins, Newman, Johnson, Miller, K.
To
amend sections
3311.053,
3501.01,
3505.03, 3505.04,
3513.04
,
3513.05
,
3513.052
,
and
3513.19 and to repeal sections 3513.254
,
3513.255,
3513.256
,
and
3513.259
of the Revised Code
to
require state and school district board members to be nominated by
primary election and to appear on the ballot with a party
designation.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections
3311.053,
3501.01,
3505.03, 3505.04,
3513.04
,
3513.05
,
3513.052
,
and
3513.19
of the Revised Code be amended to read as follows:
Sec.
3311.053.
(A)
The boards of education of up to five adjoining educational service
centers may, by identical resolutions adopted by a majority of the
members of each governing board within any sixty-day period, combine
such educational service centers into one educational service center.
The resolutions shall state the name of the new center, which may be
styled as a "joint educational service center." The
resolutions shall also indicate whether the governing board of the
new educational service center is to be formed in accordance with
division (B) of this section, in accordance with division (A) of
section 3311.054 of the Revised Code, or in accordance with section
3311.057 of the Revised Code.
A
copy of each resolution shall be filed with the state board of
education. The new educational service center shall be created and
the governing boards of the participating educational service centers
shall be dissolved and a new governing board established thirty days
after the date on which the last resolution was filed with the state
board.
(B)
The initial members of a new governing board established in
accordance with this division shall be appointed as follows:
(1)
If two educational service centers combine, each center's governing
board, prior to its dissolution, shall appoint two members to the new
governing board and the four members so selected shall select a fifth
member within ten days of the date on which the last of the four
members is appointed.
(2)
If three educational service centers combine, each center's governing
board, prior to its dissolution, shall appoint one member to the new
governing board and the three members so selected shall select the
remaining two members of the governing board within ten days of the
date on which the last of the three members is appointed.
(3)
If four educational service centers combine, each center's governing
board, prior to its dissolution, shall appoint one member to the new
governing board and the four members so selected shall select the
remaining member of the governing board within ten days of the date
on which the last of the four members is appointed.
(4)
If five educational service centers combine, each center's governing
board, prior to its dissolution, shall appoint one member to the new
governing board.
If
the members appointed to a new governing board by the governing
boards of the combining educational service centers are unable to
agree on the selection of the remaining members of the new governing
board within ten days, the probate judge of the county in which the
greatest number of pupils under the supervision of the new
educational service center reside shall appoint the remaining
members.
Electors
of the new educational service center shall elect a new governing
board at the next general election occurring in an odd-numbered year
and more than ninety days after the date of the appointment of the
last member to the initial governing board. Members shall serve for
the duration of the term to which they are elected or until their
successors are elected and qualified. At such election, two members
shall be elected to terms of two years and three members shall be
elected to terms of four years. Thereafter, their successors shall be
elected in the same manner and for the same terms as members of
governing boards of all educational service centers.
Each candidate for election as a member of the educational service
center governing board shall file a nominating petition in accordance
with section 3513.255 of the Revised Code.
(C)
The funds of each former educational service center shall be paid
over in full to the governing board of the new educational service
center, and the legal title to all property of the former governing
boards shall become vested in the new governing board.
The
governing board of an educational service center created under this
section shall honor all contracts made by the former governing
boards.
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. 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)
"Presidential primary election" means a 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. 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 at the most recent regular
state election at which a governor 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.
(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 mental health and addiction
services, 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 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.
Sec.
3505.03.
(A)
On the office type ballot shall be printed the names of all
candidates for election to 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 the state board of education, 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, state representative,
judge of a court of appeals,
member
of the state board of education, member of a board of education,
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.
(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
secretary of state shall prescribe the information and directions to
the voter to be printed on the ballot within the rectangular space in
which the title of office of member of the state board of education
appears.
(3)
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.
(4)
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.
(F)
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, 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.
(G)
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 the state board of education, 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.
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
the
office of member of the state board of education shall be listed
first on the ballot, then
county
judicial offices
shall be listed first on the ballot
,
followed by 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
secretary of state shall prescribe the information and directions to
the voter to be printed on the ballot within the rectangular space in
which the title of office of member of the state board of education
appears.
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 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.
3513.04.
Candidates
for party nominations to state, district, county, and municipal
offices or positions, for which party nominations are provided by
law, and 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.
(A)
Each
person desiring to become a candidate for a party nomination at a
primary election or for election to an office or position to be voted
for at a 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.
(B)
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.
(C)(1)
Except
as otherwise provided in this
paragraph
section
,
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
(2)
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
any of the following
,
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
:
(a)
Member of the legislative authority of a municipal corporation
elected by ward;
(b)
Member of a local or exempted village board of education;
(c)
Member of a board of education of a city school district having a
population of less than twenty thousand, as determined by the most
recent federal decennial census
.
(D)
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.
(E)
If
the declaration of candidacy declares a candidacy for party
nomination or for election as a candidate 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.
(F)
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 electors signing such
petition shall be members of the same political party as the
political party of which the candidate is a member.
(G)
For
purposes of signing or circulating a petition of candidacy for party
nomination or election, 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.
(H)
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.
(I)
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.
(J)
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.
(K)
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.
(L)
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.
(M)(1)
Protests
against the candidacy of any person filing a declaration of candidacy
for party nomination or for election to an 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. 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.
(2)
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.
(N)(1)
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.
(2)
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.
(3)
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,
3513.259,
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 state board of education, 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.
3513.19.
(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 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
division
(G)
of
section 3513.05 of the Revised Code. Division (A)(3) of this section
and
the
seventh paragraph
division
(G)
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.
Section
2.
That
existing sections
3311.053,
3501.01,
3505.03, 3505.04,
3513.04
,
3513.05
,
3513.052
,
and
3513.19
of the Revised Code are hereby repealed.
Section
3.
That
sections 3513.254, 3513.255, 3513.256, and 3513.259 of the Revised
Code are hereby repealed.
Section
4.
This
act first applies to the nomination of candidates for the office of
member of the State Board of Education and member of a board of
education, and the election of those nominees at the following
general election, beginning with the next primary election held in an
even-numbered year that is held at least one hundred twenty days
after the effective date of this section.