Bill Text: OH HB203 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To establish a process for recalling statewide elected officials and members of the General Assembly.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2011-04-13 - To State Government & Elections [HB203 Detail]

Download: Ohio-2011-HB203-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 203

Representatives Hagan, R., Foley 

Cosponsors: Representatives Yuko, Fedor, O'Brien, Luckie, Murray, Gerberry 

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A BILL

To amend, for the purpose of adopting a new section

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number as indicated in parentheses, section 3.11

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(3.18), and to enact new section 3.11 of the

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Revised Code to establish a process for recalling

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statewide elected officials and members of the

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General Assembly.

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

Section 1. That section 3.11 (3.18) be amended for the	7
purpose of adopting a new section number as indicated in	8
parentheses and new section 3.11 of the Revised Code be enacted to	9
read as follows:	10

Sec. 3.11. (A) As used in this section, "statewide office"	11
means any of the offices of governor, lieutenant governor,	12
secretary of state, auditor of state, treasurer of state, or	13
attorney general.	14

(B) The holder of any statewide office may be removed from	15
office by the qualified voters of the state. Any member of the	16
general assembly may be removed from office by the qualified	17
voters of the member's district. The procedure to effect such a	18
removal shall be:	19

(1)(a) If the official whose removal is sought is the holder	20
of a statewide office, a petition signed by qualified electors	21
equal in number to at least fifteen per cent of the total votes	22
cast in the state for the office of governor at the most recent	23
election for that office, and demanding the election of a	24
successor to the person sought to be removed, shall be filed. If	25
the official whose removal is sought is the holder of an office	26
other than the office of secretary of state, the petition shall be	27
filed with the secretary of state. If the official whose removal	28
is sought is the secretary of state, the petition shall be filed	29
with the governor, and the governor shall fulfill all duties of	30
the secretary of state with regard to that petition.	31

(b) If the official whose removal is sought is a member of	32
the general assembly, a petition signed by qualified electors	33
equal in number to at least fifteen per cent of the total votes	34
cast in the respective district for the office of governor at the	35
most recent election for that office, and demanding the election	36
of a successor to the person sought to be removed, shall be filed	37
with the board of elections of the most populous county in the	38
district.	39

(2) A petition filed under this section shall contain a	40
general statement in not more than two hundred words of the	41
grounds upon which the removal of the official is sought. The form	42
and sufficiency of the petition shall be determined as provided in	43
the general election laws.	44

(3) If the petition is sufficient, and if the official whose	45
removal is sought does not resign within five days after the	46
sufficiency of the petition has been determined, the question of	47
removal of the official shall appear on the ballot at the next	48
general election or at a special election conducted on the day of	49
the next primary election, if the date of such election is fewer	50
than one hundred fifty days after the petition is filed. If the	51
date of the next succeeding general election or primary election	52
is one hundred fifty or more days after the petition is filed, a	53
special election shall be held to determine the question of the	54
removal of the official, and for the selection of a successor to	55
the official.	56

If the election is for the removal of the holder of a	57
statewide office, the secretary of state or, if applicable, the	58
governor, shall thereupon order and fix the day for the special	59
election. If the election is for the removal of a general assembly	60
member, the board of elections of the most populous county in the	61
member's district, after consultation with the board of elections	62
of each county with territory in the district, shall thereupon	63
order and fix the day for the special election. Such election	64
shall be held not less than thirty nor more than forty days from	65
the time of the finding of the sufficiency of such petition. The	66
election authorities shall publish notice and make all	67
arrangements for holding such election, which shall be conducted	68
and the result thereof returned and declared in all respects as	69
are the results of regular elections for the applicable office.	70

(4) The nomination of candidates to succeed the official who	71
is sought to be removed shall be made, without the intervention of	72
a primary election, by filing with the election authorities, at	73
least twenty days prior to the election, a nominating petition	74
that meets the requirements of section 3513.261 of the Revised	75
Code.	76

(5) The ballots at such a recall election shall, with respect	77
to the official whose removal is sought, submit the question:	78
"Shall (name of person) be removed from the office of (name of	79
office) by recall?"	80

Immediately following each such question, there shall be	81
printed on the ballots, the two propositions in the order set	82
forth:	83

"For the recall of (name of person)."

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"Against the recall of (name of person)."

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Immediately to the left of the proposition shall be placed a	86
square in which the electors may vote for either of such	87
propositions.	88

Under that question shall be placed the names of candidates	89
to fill the vacancy. The name of the official whose removal is	90
sought shall not appear on the ballot as a candidate to succeed	91
the member's self.	92

(6) In any such election, if a majority of the votes cast on	93
the question of removal are affirmative, the official whose	94
removal is sought is removed from office upon the announcement of	95
the official canvass of that election, and the candidate receiving	96
the plurality of the votes cast for candidates for that office	97
shall be declared elected. The successor of any person so removed	98
shall hold office during the unexpired term of the successor's	99
predecessor.	100

(C) No petition shall be filed under this section seeking the	101
removal of an official until the official has served for at least	102
ninety days of the term during which the official is sought to be	103
recalled. The method of removal provided in this section, is in	104
addition to such other methods as are provided by law. If, at any	105
such recall election, the incumbent whose removal is sought is not	106
recalled, the incumbent shall be repaid the incumbent's actual and	107
legitimate expenses for such election from the state treasury.	108

Sec. 3.11.        Sec. 3.18.  No person shall hold at the same time by	109
appointment or election more than one of the following offices:	110
sheriff, county auditor, county treasurer, clerk of the court of	111
common pleas, county recorder, prosecuting attorney, and probate	112
judge.	113

Section 2. That existing section 3.11 of the Revised Code is	114
hereby repealed.	115