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(136th General Assembly)
(Substitute
Senate Bill Number 63)
AN
ACT
To amend sections 3501.01,
3513.05, 3513.262, 3513.263, and 5747.502 and to enact sections
3505.011, 3513.141, 5747.504, and 5747.505 of the Revised Code to
generally prohibit the use of ranked choice voting, to withhold Local
Government Fund distributions from a municipality or chartered county
that uses ranked choice voting, and to make changes to election
petition records.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 3501.01
,
3513.05, 3513.262, 3513.263,
and 5747.502 be amended and sections 3505.011, 3513.141, 5747.504,
and 5747.505 of the Revised Code be enacted to read as follows:
Sec.
3501.01.
As
used in the sections of the Revised Code relating to elections and
political communications:
(A)
"General election" means the election held on the first
Tuesday after the first Monday in each November.
(B)
"Regular municipal election" means the election held on the
first Tuesday after the first Monday in November in each odd-numbered
year.
(C)
"Regular state election" means the election held on the
first Tuesday after the first Monday in November in each
even-numbered year.
(D)
"Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first Monday
in May or November, on the first Tuesday after the first Monday in
August in accordance with section 3501.022 of the Revised Code, or on
the day authorized by a particular municipal or county charter for
the holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall be
held in May, except as authorized by a municipal or county charter,
but may be held on the third Tuesday after the first Monday in March.
(E)(1)
"Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of political
parties for election to offices, and for the purpose of electing
persons as members of the controlling committees of political parties
and as delegates and alternates to the conventions of political
parties. Primary elections shall be held on the first Tuesday after
the first Monday in May of each year except in years in which a
presidential primary election is held.
(2)
"Presidential primary election" means a primary election as
defined by division (E)(1) of this section at which an election is
held for the purpose of choosing delegates and alternates to the
national conventions of the major political parties pursuant to
section 3513.12 of the Revised Code. Unless otherwise specified,
presidential primary elections are included in references to primary
elections. In years in which a presidential primary election is held,
all primary elections shall be held on the third Tuesday after the
first Monday in March except as otherwise authorized by a municipal
or county charter.
(F)
"Political party" means any group of voters meeting the
requirements set forth in section 3517.01 of the Revised Code for the
formation and existence of a political party.
(1)
"Major political party" means any political party organized
under the laws of this state whose candidate for governor or nominees
for presidential electors received not less than twenty per cent of
the total vote cast for such office at the most recent regular state
election.
(2)
"Minor political party" means any political party organized
under the laws of this state that meets either of the following
requirements:
(a)
Except as otherwise provided in this division, the political party's
candidate for governor or nominees for presidential electors received
less than twenty per cent but not less than three per cent of the
total vote cast for such office at the most recent regular state
election. A political party that meets the requirements of this
division remains a political party for a period of four years after
meeting those requirements.
(b)
The political party has filed with the secretary of state, subsequent
to its failure to meet the requirements of division (F)(2)(a) of this
section, a petition that meets the requirements of section 3517.01 of
the Revised Code.
A
newly formed political party shall be known as a minor political
party until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the formation
of such party, after which election the status of such party shall be
determined by the vote for the office of governor or president.
(G)
"Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most recent regular
state election at which a governor was elected received more votes
than any other person received for election to that office in such
precinct at such election.
(H)
"Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement on
the official ballot of a primary, general, or special election to be
held in this state, or any qualified person who claims to be a
write-in candidate, or who knowingly assents to being represented as
a write-in candidate by another at either a primary, general, or
special election to be held in this state.
(I)
"Independent candidate" means any candidate who claims not
to be affiliated with a political party, and whose name has been
certified on the office-type ballot at a general or special election
through the filing of a statement of candidacy and nominating
petition, as prescribed in section 3513.257 of the Revised Code.
(J)
"Nonpartisan candidate" means any candidate whose name is
required, pursuant to section 3505.04 of the Revised Code, to be
listed on the nonpartisan ballot, including all candidates for judge
of a municipal court, county court, or court of common pleas, for
member of any board of education, for municipal or township offices
in which primary elections are not held for nominating candidates by
political parties, and for offices of municipal corporations having
charters that provide for separate ballots for elections for these
offices.
(K)
"Party candidate" means any candidate who claims to be a
member of a political party and who has been certified to appear on
the office-type ballot at a general or special election as the
nominee of a political party because the candidate has won the
primary election of the candidate's party for the public office the
candidate seeks, has been nominated under section 3517.012, or is
selected by party committee in accordance with section 3513.31 of the
Revised Code.
(L)
"Officer of a political party" includes, but is not limited
to, any member, elected or appointed, of a controlling committee,
whether representing the territory of the state, a district therein,
a county, township, a city, a ward, a precinct, or other territory,
of a major or minor political party.
(M)
"Question or issue" means any question or issue certified
in accordance with the Revised Code for placement on an official
ballot at a general or special election to be held in this state.
(N)
"Elector" or "qualified elector" means a person
having the qualifications provided by law to be entitled to vote.
(O)
"Voter" means an elector who votes at an election.
(P)
"Voting residence" means that place of residence of an
elector which shall determine the precinct in which the elector may
vote.
(Q)
"Precinct" means a district within a county established by
the board of elections of such county within which all qualified
electors having a voting residence therein may vote at the same
polling place.
(R)
"Polling place" means that place provided for each precinct
at which the electors having a voting residence in such precinct may
vote.
(S)
"Board" or "board of elections" means the board
of elections appointed in a county pursuant to section 3501.06 of the
Revised Code.
(T)
"Political subdivision" means a county, township, city,
village, or school district.
(U)
"Election officer" or "election official" means
any of the following:
(1)
Secretary of state;
(2)
Employees of the secretary of state serving the division of elections
in the capacity of attorney, administrative officer, administrative
assistant, elections administrator, office manager, or clerical
supervisor;
(3)
Director of a board of elections;
(4)
Deputy director of a board of elections;
(5)
Member of a board of elections;
(6)
Employees of a board of elections;
(7)
Precinct election officials;
(8)
Employees appointed by the boards of elections on a temporary or
part-time basis.
(V)
"Acknowledgment notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, informing
a voter registration applicant or an applicant who wishes to change
the applicant's residence or name of the status of the application;
the information necessary to complete or update the application, if
any; and if the application is complete, the precinct in which the
applicant is to vote.
(W)
"Confirmation notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, to a
registered elector to confirm the registered elector's current
address.
(X)
"Designated agency" means an office or agency in the state
that provides public assistance or that provides state-funded
programs primarily engaged in providing services to persons with
disabilities and that is required by the National Voter Registration
Act of 1993 to implement a program designed and administered by the
secretary of state for registering voters, or any other public or
government office or agency that implements a program designed and
administered by the secretary of state for registering voters,
including the department of job and family services, the program
administered under section 3701.132 of the Revised Code by the
department of health, the department of mental health and addiction
services, the department of developmental disabilities, the
opportunities for Ohioans with disabilities agency, and any other
agency the secretary of state designates. "Designated agency"
does not include public high schools and vocational schools, public
libraries, or the office of a county treasurer.
(Y)
"National Voter Registration Act of 1993" means the
"National Voter Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z)
"Voting Rights Act of 1965" means the "Voting Rights
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA)(1)
"Photo identification" means one of the following documents
that includes the individual's name and photograph and is not
expired:
(a)
An Ohio driver's license, state identification card, or interim
identification form issued by the registrar of motor vehicles or a
deputy registrar under Chapter 4506. or 4507. of the Revised Code;
(b)
A United States passport or passport card;
(c)
A United States military identification card, Ohio national guard
identification card, or United States department of veterans affairs
identification card.
(2)
A "copy" of an individual's photo identification means
images of both the front and back of a document described in division
(AA)(1) of this section, except that if the document is a United
States passport, a copy of the photo identification means an image of
the passport's identification page that includes the individual's
name, photograph, and other identifying information and the
passport's expiration date.
(BB)
"Driver's license" means a license or permit issued by the
registrar or a deputy registrar under Chapter 4506. or 4507. of the
Revised Code that authorizes an individual to drive. "Driver's
license" includes a driver's license, commercial driver's
license, probationary license, restricted license, motorcycle
operator's license, or temporary instruction permit identification
card. "Driver's license" does not include a limited term
license issued under section 4507.09 of the Revised Code.
(CC)
"State identification card" means a card issued by the
registrar or a deputy registrar under sections 4507.50 to 4507.52 of
the Revised Code.
(DD)
"Interim identification form" means the document issued by
the registrar or a deputy registrar to an applicant for a driver's
license or state identification card that contains all of the
information otherwise found on the license or card and that an
applicant may use as a form of identification until the physical
license or card arrives in the mail.
(EE)
"Ranked choice voting" and "instant runoff voting"
mean a method of nominating or electing one or more candidates to an
office as follows:
(1)
Voters rank candidates on the ballot in order of preference.
(2)
Tabulation proceeds in rounds such that in each round, one or more
candidates are nominated or elected or a last-place candidate is
defeated.
(3)
Votes are transferred from nominated, elected, or defeated candidates
to the voter's next-ranked candidate or candidates in order of
preference.
(4)
Tabulation ends when a candidate receives the majority of the votes
cast or when the number of candidates nominated or elected equals the
number of offices to be filled, as applicable.
Sec.
3505.011.
(A) Except as otherwise permitted under Article X or Article XVIII,
Ohio Constitution, no election shall be conducted in this state using
ranked choice voting or instant runoff voting.
(B)
If the secretary of state determines that a county or municipal
corporation has, by resolution or ordinance, approved the use of
ranked choice voting or instant runoff voting in an election, then
the county or municipal corporation is ineligible to receive any
local government fund distributions from the state during the period
beginning with the month following the adoption of the resolution or
ordinance and ending with the month following the last day it is in
effect. Upon making that determination, the secretary of state
promptly shall notify the tax commissioner of the county or municipal
corporation's ineligibility.
(C)
Upon determining that a county or municipal corporation has, by
resolution or ordinance, rescinded previous approval for the use of
ranked choice voting that resulted in notice to the tax commissioner
under division (B) of this section, the secretary of state shall
promptly notify the tax commissioner of the rescission.
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
are public records subject to disclosure under section 149.43 of the
Revised Code
.
Upon
receiving a public records request for petition papers and petitions
accompanying declarations of candidacy, the board shall, as soon as
practicable, make available for public inspection, or provide copies
of, the petition papers and petitions, in electronic or paper form as
specified by the requester, whether or not the petitions have been
modified or marked upon or the petition's signatures have been
certified as valid by the board.
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 office or position, as
provided in this section, may be filed by any qualified elector who
is a member of the same political party as the candidate and who is
eligible to vote at the primary election for the candidate whose
declaration of candidacy the elector objects to, or by the
controlling committee of that political party. The protest shall be
in writing, and shall be filed not later than four p.m. of the
seventy-fourth day before the day of the primary election. The
protest shall be filed with the election officials with whom the
declaration of candidacy and petition was filed. Upon the filing of
the protest, the election officials with whom it is filed shall
promptly fix the time for hearing it, and shall forthwith mail notice
of the filing of the protest and the time fixed for hearing to the
person whose candidacy is so protested. They shall also forthwith
mail notice of the time fixed for such hearing to the person who
filed the protest. At the time fixed, such election officials shall
hear the protest and determine the validity or invalidity of the
declaration of candidacy and petition. If they find that such
candidate is not an elector of the state, district, county, or
political subdivision in which the candidate seeks a party nomination
or election to an office or position, or has not fully complied with
this chapter, the candidate's declaration of candidacy and petition
shall be determined to be invalid and shall be rejected; otherwise,
it shall be determined to be valid. That determination shall be
final.
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.
3513.141.
(A) Except as otherwise permitted under Article X or Article XVIII,
Ohio Constitution, no primary election shall be conducted in this
state using ranked choice voting or instant runoff voting.
(B)
If the secretary of state determines that a county or municipal
corporation has, by resolution or ordinance, approved the use of
ranked choice voting or instant runoff voting in a primary election,
then the county or municipal corporation is ineligible to receive any
local government fund distributions from the state during the period
beginning with the month following the adoption of the resolution or
ordinance and ending with the month following the last day it is in
effect. Upon making that determination, the secretary of state
promptly shall notify the tax commissioner of the county or municipal
corporation's ineligibility.
(C)
Upon determining that a county or municipal corporation has, by
resolution or ordinance, rescinded previous approval for the use of
ranked choice voting that resulted in notice to the tax commissioner
under division (B) of this section, the secretary of state shall
promptly notify the tax commissioner of the rescission.
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
are
public records subject to disclosure under section 149.43 of the
Revised Code
.
Upon
receiving a public records request for petition papers and petitions
accompanying nominating petitions as described in this section, the
board shall, as soon as practicable, make available for public
inspection, or provide copies of, the petition papers and nominating
petitions, in electronic or paper form as specified by the requester,
whether or not the petitions have been modified or marked upon or the
petition's signatures have been certified as valid by the board.
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.
3513.263.
The
nominating petitions of all candidates required to be filed before
four p.m. of the ninetieth day before the day of the general
election, shall be processed as follows:
If
such petition is filed with the secretary of state, the secretary of
state shall promptly transmit to each board such separate petition
papers as purports to contain signatures of electors of the county of
such board.
If
such petition is filed with the board of a county in which the major
portion of the population of a subdivision is located, such board
shall promptly transmit to the board of each county in which other
portions of such subdivision are located such separate petition
papers of the petition as purport to contain signatures of electors
of such county.
All
petition papers so transmitted to a board of elections, and all
nominating petitions filed with a board of elections
shall,
under proper regulation, be open to public inspection until four p.m.
of the eightieth day before the day of such general election
are
public records subject to disclosure under section 149.43 of the
Revised Code
.
Upon
receiving a public records request for petition papers and petitions
accompanying declarations of candidacy, the board shall, as soon as
practicable, make available for public inspection, or provide copies
of, the petition papers and petitions, in electronic or paper form as
specified by the requester, whether or not the petitions have been
modified or marked upon or the petition's signatures have been
certified as valid by the board.
Each
board shall, not later than the seventy-eighth day before the day of
such general election examine and determine the sufficiency of the
signatures on the petition papers transmitted to or filed with it and
the validity or invalidity of petitions filed with it, and shall
return to each other board all petition papers transmitted to it by
such other board, together with its certification of its
determination as to the validity or invalidity of signatures thereon.
A signature on a nominating petition is not valid if it is dated more
than one year before the date the nominating petition was filed. All
other matters affecting the validity or invalidity of such petition
papers shall be determined by the board with whom such petition
papers were filed.
Written
protests against such nominating petitions may be filed by any
qualified elector eligible to vote for the candidate whose nominating
petition the elector objects to, not later than the seventy-fourth
day before the general election. Such protests shall be filed with
the election officials with whom the nominating petition was filed.
Upon the filing of such protests, the election officials with whom it
is filed shall promptly fix the time and place for hearing it, and
shall forthwith mail notice of the filing of such protest and the
time and place for hearing it to the person whose nomination is
protested. They shall also forthwith mail notice of the time and
place fixed for the hearing to the person who filed the protest. At
the time and place fixed, such election officials shall hear the
protest and determine the validity or invalidity of the petition.
Such determination shall be final.
Sec.
5747.502.
(A)
As used in this section:
(1)
"Local authority" and "traffic law photo-monitoring
device" have the same meanings as in section 4511.092 of the
Revised Code.
(2)
"School zone" has the same meaning as in section 4511.21 of
the Revised Code.
(3)
"Transportation district" means a territorial district
established by the director of transportation under section 5501.14
of the Revised Code.
(4)
"District deputy director" means the person appointed and
assigned by the director of transportation under section 5501.14 of
the Revised Code to administer the activities of a transportation
district.
(5)
"Gross amount" means the entire amount of traffic camera
fines and fees paid by a driver.
(6)
"Local government fund adjustment" or "LGF adjustment"
means the sum of:
(a)
The gross amount of all traffic camera fines collected by a local
authority during the preceding fiscal year, as reported under
division (B)(1) of this section, if such a report is required; plus
(b)
The residual adjustment computed for the local authority under
division (B)(4) of this section, if such an adjustment applies.
(7)
"Local government fund payments" or "LGF payments"
means the payments a local authority would receive under sections
5747.502
5747.503
,
5747.51, and 5747.53, and division (C) of section 5747.50 of the
Revised Code, as applicable, if not for the reductions required by
divisions (C) and (D) of this section.
(8)
"Residual adjustment" means the most recent LGF adjustment
computed for a local authority under division (B)(2) or (3) of this
section minus the sum of the reductions applied after that
computation under division (C) of this section to the local
authority's LGF payments.
(9)
"Traffic camera fines" means civil fines for any violation
of any local ordinance or resolution that are based upon evidence
recorded by a traffic law photo-monitoring device.
(10)
"Qualifying village" has the same meaning as in section
5747.503 of the Revised Code.
(B)(1)
Annually, on or before the thirty-first day of July, any local
authority that directly or indirectly collected traffic camera fines
during the preceding fiscal year shall file a report with the tax
commissioner that includes a detailed statement of the gross amount
of all traffic camera fines the local authority collected during that
period and the gross amount of such fines that the local authority
collected for violations that occurred within a school zone.
(2)
Annually, on or before the tenth day of August, the commissioner
shall compute a local government fund adjustment for each local
authority that files a report under division (B)(1) of this section
or with respect to which a residual adjustment applies. Subject to
division (B)(3) of this section
and section 5747.505 of the Revised Code
,
the LGF adjustment shall be used by the commissioner to determine the
amount of the reductions required under division (C) of this section
for each of the next twelve months, starting with the month in which
the LGF adjustment is computed. After those twelve months, the LGF
adjustment ceases to apply and, if an LGF adjustment continues to be
required, the amount of the reductions required under division (C) of
this section shall be determined based on an updated LGF adjustment
computed under this division.
(3)
Upon receipt of a report described by division (B)(1) of this section
that is not timely filed, the commissioner shall do both of the
following:
(a)
If one or more payments to the local authority has been withheld
under division (D) of this section because of the local authority's
failure to file the report, notify the county auditor and county
treasurer of the appropriate county that the report has been received
and that, subject to division (C) of this section, payments to the
local authority from the undivided local government fund are to
resume.
(b)
Compute the local authority's LGF adjustment using the information in
the report. An LGF adjustment computed under this division shall be
used by the commissioner to determine the amount of the reductions
required under division (C) of this section starting with the next
required reduction. The LGF adjustment ceases to apply on the
thirty-first day of the ensuing July, following which, if an LGF
adjustment continues to be required, the amount of the reductions
required under division (C) of this section shall be determined based
on an updated LGF adjustment computed under division (B)(2) of this
section.
(4)
Annually, on or before the tenth day of August, the commissioner
shall compute a residual adjustment for each local authority whose
LGF adjustment for the preceding year exceeds the amount by which the
local authority's LGF payments were reduced during that year under
division (C) of this section. The residual adjustment shall be used
to compute the LGF adjustment for the ensuing year under division
(B)(2) of this section.
(C)
The
Subject
to section 5747.505 of the Revised Code, the
commissioner
shall do the following, as applicable, respecting any local authority
to which an LGF adjustment computed under division (B) of this
section applies:
(1)
If the local authority is a municipal corporation with a population
of one thousand or more, reduce payments to the municipal corporation
under division (C) of section 5747.50 of the Revised Code by
one-twelfth of the LGF adjustment. If one-twelfth of the LGF
adjustment exceeds the amount of money the municipal corporation
would otherwise receive under division (C) of section 5747.50 of the
Revised Code, the commissioner also shall reduce payments to the
appropriate county undivided local government fund under division (B)
of section 5747.50 of the Revised Code by an amount equal to the
lesser of (a) one-twelfth of the excess, or (b) the amount of the
payment the municipal corporation would otherwise receive from the
fund under section 5747.51 or 5747.53 of the Revised Code.
(2)
If the local authority is a township or qualifying village, reduce
the supplemental payments to the appropriate county undivided local
government fund under section 5747.503 of the Revised Code by the
lesser of one-twelfth of the LGF adjustment, or the amount of money
the township or qualifying village would otherwise receive under that
section. If one-twelfth of the LGF adjustment exceeds the amount of
money the township or qualifying village would otherwise receive
under section 5747.503 of the Revised Code, the commissioner also
shall reduce payments to the appropriate county undivided local
government fund under division (B) of section 5747.50 of the Revised
Code by an amount equal to the lesser of (a) one-twelfth of the
excess, or (b) the amount of the payment the township or qualifying
village would otherwise receive from the fund under section 5747.51
or 5747.53 of the Revised Code.
(3)
If the local authority is a county, reduce payments to the
appropriate county undivided local government fund under division (B)
of section 5747.50 of the Revised Code by an amount equal to the
lesser of (a) one-twelfth of the LGF adjustment, or (b) the amount of
the payment the county would otherwise receive from the fund under
section 5747.51 or 5747.53 of the Revised Code.
(4)
For any local authority, on or before the tenth day of each month a
reduction is made under division (C)(1), (2), or (3) of this section,
make a payment to the local authority in an amount equal to the
lesser of (a) one-twelfth of the gross amount of traffic camera fines
the local authority collected in the preceding fiscal year for
violations that occurred within a school zone, as indicated on the
report filed by the local authority pursuant to division (B)(1) of
this section, or (b) the amount by which the local authority's LGF
payments were reduced that month pursuant to division (C)(1), (2), or
(3) of this section. Payments received by a local authority under
this division shall be used by the local authority for school safety
purposes.
(D)
Upon
Subject
to section 5747.505 of the Revised Code, upon
discovery,
based on information in the commissioner's possession, that a local
authority required to file a report under division (B)(1) of this
section has failed to do so, the commissioner shall do the following,
as applicable:
(1)
If the local authority is a municipal corporation with a population
of one thousand or more, cease providing for payments to the
municipal corporation under section 5747.50 of the Revised Code
beginning with the next required payment and until such time as the
report is received by the commissioner;
(2)
If the local authority is a township or qualifying village, reduce
the supplemental payments to the appropriate county undivided local
government fund under section 5747.503 of the Revised Code by an
amount equal to the amount of such payments the local authority would
otherwise receive under that section, beginning with the next
required payment and until such time as the report is received by the
commissioner;
(3)
For any local authority, reduce payments to the appropriate county
undivided local government fund under division (B) of section 5747.50
of the Revised Code by an amount equal to the amount of such payments
the local authority would otherwise receive under section 5747.51 or
5747.53 of the Revised Code, beginning with the next required payment
and until such time as the report is received by the commissioner;
(4)
For any local authority, notify the county auditor and county
treasurer that such payments are to cease until the commissioner
notifies the auditor and treasurer under division (E) of this section
that the payments are to resume.
(E)
The commissioner shall notify the county auditor and county treasurer
on or before the day the commissioner first reduces a county
undivided local government fund payment to that county under division
(C) of this section. The notice shall include the full amount of the
reduction, a list of the local authorities to which the reduction
applies, and the amount of reduction attributed to each such local
authority. The commissioner shall send an updated notice to the
county auditor and county treasurer any time the amount the reduction
attributed to any local authority changes.
A
county treasurer that receives a notice from the commissioner under
this division or division (B)(3)(a) or (D)(4) of this section shall
reduce, cease, or resume payments from the undivided local government
fund to the local authority that is the subject of the notice as
specified by the commissioner in the notice. Unless otherwise
specified in the notice, the payments shall be reduced, ceased, or
resumed beginning with the next required payment.
(F)
There is hereby created in the state treasury the Ohio highway and
transportation safety fund. On or before the tenth day of each month,
the commissioner shall deposit in the fund an amount equal to the
total amount by which payments to local authorities were reduced or
ceased under division (C) or (D) of this section minus the total
amount of payments made under division (C)(4) of this section. The
amount deposited with respect to a local authority shall be credited
to an account to be created in the fund for the transportation
district in which that local authority is located. If the local
authority is located within more than one transportation district,
the amount credited to the account of each such transportation
district shall be prorated on the basis of the number of centerline
miles of public roads and highways in both the local authority and
the respective districts. Amounts credited to a transportation
district's account shall be used by the department of transportation
and the district deputy director exclusively to enhance public safety
on public roads and highways within that transportation district.
Sec.
5747.504.
(A)
As used in this section, "local government fund payments"
means the payments a municipal corporation or county would receive
under sections 5747.503, 5747.51, and 5747.53, and division (C) of
section 5747.50 of the Revised Code, as applicable, if not for the
reductions required by this section or section 5747.502 of the
Revised Code.
(B)
Beginning with the month following receipt of a notice from the
secretary of state pursuant to division (B) of section 3505.011 or
3513.141 of the Revised Code, the tax commissioner shall do the
following, as applicable:
(1)
If the notice concerns a municipal corporation with a population of
one thousand or more, cease providing for payments to the municipal
corporation under section 5747.50 of the Revised Code beginning with
the next required payment;
(2)
If the notice concerns a qualifying village, as defined in section
5747.503 of the Revised Code, reduce the supplemental payments to the
appropriate county undivided local government fund under section
5747.503 of the Revised Code by an amount equal to the amount of such
payments the qualifying village would otherwise receive under that
section, beginning with the next required payment;
(3)
For any county or municipal corporation identified in the notice,
reduce payments to the appropriate county undivided local government
fund under division (B) of section 5747.50 of the Revised Code by an
amount equal to the amount of such payments the county or municipal
corporation would otherwise receive under section 5747.51 or 5747.53
of the Revised Code, beginning with the next required payment.
(C)
Subject to section 5747.505 of the Revised Code, upon receiving
notice from the secretary of state, under division (C) of section
3505.11 or 3513.141 of the Revised Code, that a county or municipal
corporation has, by resolution or ordinance, rescinded previous
approval for the use of ranked choice voting, the commissioner shall
resume all local government fund payments ceased or reduced under
division (B) of this section due to that county's or municipal
corporation's use of ranked choice voting.
(D)(1)
The commissioner shall notify the county auditor and county treasurer
on or before the day the commissioner first reduces a county
undivided local government fund payment to that county under division
(B)(3) of this section. The notice shall include the full amount of
the reduction, a list of the counties and municipal corporations to
which the reduction applies, and the amount of reduction attributed
to each such county or municipal corporation.
(2)
The commissioner shall also notify the county auditor and county
treasurer on or before the day that the commissioner first resumes
payments to the county undivided local government fund under division
(C) of this section. The notification shall include a list of the
counties or municipal corporations that are again eligible to receive
local government fund payments.
(3)
Subject to section 5747.505 of the Revised Code, a county treasurer
that receives a notice from the commissioner under division (D)(1) or
(2) of this section shall cease or resume payments from the undivided
local government fund to the county or municipal corporation that is
the subject of the notice as specified by the commissioner in the
notice.
(E)
On or before the tenth day of each month, the commissioner shall
transfer from the local government fund to the general revenue fund
the sum of the payments withheld that month under division (B) of
this section.
Sec.
5747.505.
If
a municipal corporation or county is subject to more than one
reduction required by sections 5747.502 and 5747.504 of the Revised
Code for the same month, the tax commissioner shall apply the
reduction required by section 5747.504 of the Revised Code first and
deposit the amount of payments withheld to the general revenue fund
under division (E) of that section.
Section
2.
That
existing sections 3501.01
,
3513.05, 3513.262, 3513.263,
and 5747.502 of the Revised Code are hereby repealed.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________