Implement a top-two primary election system

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 382

2025-2026

Senator Blessing

To
amend sections 111.27, 3501.01, 3501.06, 3501.23, 3505.03, 3505.04,
3509.03, 3509.04, 3511.02, 3511.05, 3513.01, 3513.02, 3513.04,
3513.05, 3513.052, 3513.07, 3513.13, 3513.14, 3513.19, 3513.20,
3513.22, 3513.23, 3513.257, 3513.261, 3513.262, 3513.30, 3513.31,
3513.311, 3517.01, 3517.012, and 3517.03 and to repeal sections
3513.28, 3513.301, and 3513.312 of the Revised Code
to
implement a top-two primary election system for elective
congressional, state, district, county, and municipal offices.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 111.27, 3501.01, 3501.06, 3501.23, 3505.03, 3505.04,
3509.03, 3509.04, 3511.02, 3511.05, 3513.01, 3513.02, 3513.04,
3513.05, 3513.052, 3513.07, 3513.13, 3513.14, 3513.19, 3513.20,
3513.22, 3513.23, 3513.257, 3513.261, 3513.262, 3513.30, 3513.31,
3513.311, 3517.01, 3517.012, and 3517.03 of the Revised Code be
amended 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. 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

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 an elective office to which
candidates for election are nominated by party primary.

(II)
"Party primary" means a primary election held for the
purpose of nominating political party candidates for election to any
of the following offices:

(1)
President of the United States;

(2)
Vice president of the United States;

(3)
Delegates and alternates to the national conventions of the major
political parties;

(4)
Elective offices within a political party.

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.
3501.23.
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
ballots

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 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
by petition or in the preceding primary election
.

(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)
(D)(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.

(F)
(E)

Under the name of each candidate nominated at a
party

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)
(F)

Under
the name of each candidate nominated by primary election held for the
purpose of nominating candidates for election to a voter-nominated
office, or by nominating petition for election to such office, shall
be printed, in less prominent type face than that in which the
candidate's name is printed, the name of the political party declared
as that candidate's preferred party in the candidate's declaration of
candidacy, or "No political party preference" if that
candidate declared a preference for no political party in the
candidate's declaration of candidacy.

(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 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 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)________"

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.
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 for
election to offices to be voted for at the succeeding general
election
follows:

(1)
A primary election held for the purpose of nominating persons as
candidates for election to a voter-nominated office shall be
conducted as follows:

(a)
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.

(b)
The candidates receiving the highest and second 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
twice the number to be elected.

(c)
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.

(d)
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.

(2)
A primary election held for the purpose of nominating persons as
candidates for election to a nonpartisan office shall be conducted in
the manner described under division (A)(1) 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.

(3)
Presidential primary elections shall be held as provided in division
(E)(2) of section 3501.01 of the Revised Code
.

(B)

The
manner of nominating persons as candidates for election as officers
of 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 nominated for election as
officers in the municipal corporation in 1989 unless the manner of
nominating such candidates is changed under division (C), (D), or (E)
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

by primary election

as candidates of political parties
,
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

by primary election

as candidates of political parties
,
the nomination of candidates
for
a nonpartisan election
by
nominating petition
may
be reestablished in the manner prescribed in division
(E)
(D)

of this section.

(D)(1)
(C)(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)
(C)(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)
(D)

of this section.

(E)(1)
(D)(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)
(D)(2)

of this section, the question of changing to the nonpartisan 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)
(B)

or
(D)
(C)

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

partisan

offices
does not exceed, as to any such office, the number of candidates
which such political party is entitled to nominate as its candidates
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
,
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.
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.

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 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 electors signing such
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, 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

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)
The form of declaration of candidacy and petition of a person
desiring to be a candidate for nomination or a candidate for election
to a nonpartisan office or position to be voted for at a primary
election shall be substantially as follows:

"DECLARATION
OF CANDIDACY NONPARTISAN 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
hereby declare that I desire to be ____________________ (a candidate
for nomination as a candidate 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 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.

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."

(C)
"DECLARATION OF CANDIDACY VOTER-NOMINATED 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
hereby declare my preference for (the ________ Party) or (no
political party). I hereby declare that I desire to be
____________________ (a candidate for nomination as a candidate 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 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, if I have here declared a preference for
a political party, I will support and abide by the principles
enunciated by that 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, 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.
3513.13.
Separate
primary election ballots shall be provided by the board of elections
for each political party having candidates for nomination or election
in a
party

primary
election. 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

Party
primary
election
ballots shall have printed on the back thereof "Official
____________ (name of party) __________ 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

such

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 party) ___________ 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
he
a
voter who

tears, soils, defaces, or erroneously marks the ballot
he

may
return it to the precinct election officers and obtain another
ballot.

Except
as provided in section 3513.151 of the Revised Code,
party

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.
(A)

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
the
voter

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.

(B)

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.

(C)
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.
3513.19.
(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.
3513.23.
(A)
If an elector voting at a primary election writes in a blank space
provided for that purpose on the ballot
of
one political party
under
the title of an office for which a nomination is to be made the name
of a person other than the persons whose names are printed on the
ballot as candidates for the nomination, and if that elector records
the vote in the manner provided on the ballot next to the name
written, that ballot shall be counted as a vote for the nomination of
the person whose name is so written if that person has filed a
declaration of intent to be a write-in candidate under section
3513.041 of the Revised Code.

(B)
In no event shall a person whose name is written on a primary
election ballot be nominated as a candidate for election to an office
if the name of no person living on the day of that primary election
is printed on the ballot as a candidate for that nomination, unless
the total number of votes cast for the person whose name is written
on the ballot is not less than that number of petition signatures
that would have been required for the printing of the person's name
on the primary ballot pursuant to section 3513.05 of the Revised
Code.

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.
Persons
desiring to become independent joint candidates for the offices of
president and vice-president of the United States shall file, 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
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. 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 may request, at the time of filing, that the candidate be
designated on the ballot as a nonparty candidate or as an other-party
candidate, or may request that the candidate's name be placed on the
ballot without any designation. Any such candidate who fails to
request a designation either as a nonparty candidate or as an
other-party candidate shall have the candidate's name 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.

1

2

3

4

5

6

7

A

Street

B

Address

C

or
R.F.D.

D

(Must
use

E

address
on

City,

F

file
with

Village

G

the
board of

or

Date
of

H

Signature

elections)

Township

Ward

Precinct

County

Signing

____________________________________________________________

____________________________________________________________

____________________________________________________________

___________________________,
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
joint
candidates for the offices of president and vice president of the
United States
,
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.
3513.262.
The
nominating petitions of all candidates required to be filed before
four p.m. of the day before the day of the primary election
immediately preceding the general election shall be processed as
follows:

If
such petition is filed with the secretary of state, the secretary of
state shall, not later than the fifteenth day of June following the
filing of such petition, or if the primary election was a
presidential primary election, not later than the end of the sixth
week after the day of that election, transmit to each board such
separate petition papers as purport to contain signatures of electors
of the county of such board. If such petition is filed with the board
of the most populous county of a district or of a county in which the
major portion of the population of a subdivision is located, such
board shall, not later than the fifteenth day of June, or if the
primary election was a presidential primary election, not later than
the end of the sixth week after the day of that election, transmit to
each board within such district such separate petition papers of the
petition as purport to contain signatures of electors of the county
of such board.

All
petition papers so transmitted to a board and all nominating
petitions filed with a board shall, under proper regulations, be open
to public inspection from the fifteenth day of June until four p.m.
of the thirtieth day of that month, or if the primary election was a
presidential primary election, from the end of the sixth week after
the election until four p.m. of the end of the seventh week after the
election. Each board shall, not later than the next fifteenth day of
July, or if the primary election was a presidential primary election,
not later than the end of the tenth week after the day of that
election, examine and determine the sufficiency of the signatures on
the petition papers transmitted to or filed with it, and the validity
of the petitions 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 other
board, as provided in this section, 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 secretary of state or the
board with whom such petition papers were filed.

Written
protests against 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 four p.m. of the thirtieth day
of July, or if the primary election was a presidential primary
election, not later than the end of the twelfth week after the day of
that election. Such protests shall be filed with the election
officials with whom the nominating petition was filed. Upon the
filing of such protest, 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 fixed,
such election officials shall hear the protest and determine the
validity or invalidity of the petition. Such determination shall be
final.

A
protest against the nominating petition filed by joint candidates for
the offices of governor and lieutenant governor shall be filed,
heard, and determined in the same manner as a protest against the
nominating petition of a candidate who files individually.

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

a
partisan
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)
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

party

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
party

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
party

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
party

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
party

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)
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 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)

If a person holding an elective

partisan

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.

(I)
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
majority of the vacating person's committee of five, acting as in the
case of a vacancy in a nomination, as provided in division (F) of
this section, may select a person as the candidate for election for
such unexpired term at that general election and certify the selected
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 committee of five may select a
person as the candidate and certify the selected 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 candidate under proper titles and in the
proper place on the proper ballots for use at the election.

(J)
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 the amount provided for in section 3513.257 of the Revised Code,
whichever is less.

(K)
When a person nominated as a candidate by a political party in a

party

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 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 (A) to (F) 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.
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
party

candidates
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 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,

and

3513.31
,
3513.311, and 3513.312

of the Revised Code, the provisions of the Revised Code concerning
independent candidates 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 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
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
party

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 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
submitted sufficient nominating petitions under division (B) of this
section. The slate certifying the candidates 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. 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 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.
3517.03.
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, 3501.23, 3505.03,
3505.04, 3509.03, 3509.04, 3511.02, 3511.05, 3513.01, 3513.02,
3513.04, 3513.05, 3513.052, 3513.07, 3513.13, 3513.14, 3513.19,
3513.20, 3513.22, 3513.23, 3513.257, 3513.261, 3513.262, 3513.30,
3513.31, 3513.311, 3517.01, 3517.012, and 3517.03 of the Revised Code
are hereby repealed.

Section
3.
That
sections 3513.28, 3513.301, and 3513.312 of the Revised Code are
hereby repealed.

Section
4.
This
act first applies to the nomination of candidates, 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 and first applies to vacancies for which the person last
elected by the electors to the office that has become vacant was
nominated in or after the next such primary election.

Notwithstanding
any contrary provision of sections 111.27, 3501.01, 3501.06, 3501.23,
3505.03, 3505.04, 3509.03, 3509.04, 3511.02, 3511.05, 3513.01,
3513.02, 3513.04, 3513.05, 3513.052, 3513.07, 3513.13, 3513.14,
3513.19, 3513.20, 3513.22, 3513.23, 3513.257, 3513.261, 3513.262,
3513.30, 3513.31, 3513.311, 3517.01, 3517.012, and 3517.03 of the
Revised Code as amended by this act, and notwithstanding the repeal
of sections 3513.301 and 3513.312 of the Revised Code, if after the
effective date of this section but before the first primary election
to which this act applies a vacancy occurs in the office of
representative to congress or in the representation of this state in
the senate of the United States, the provisions of sections 3513.301
and 3513.312 of the Revised Code that were in effect immediately
before the effective date of this section apply to each such
occurrence until the vacancy has been filled.