Bill Text: OH HB260 | 2009-2010 | 128th General Assembly | Engrossed

Ohio House Bill 260 (Prior Session Legislation)

Engrossed

Bill Title: To revise the Election Law.

Spectrum: Partisan Bill (Democrat 38-1)

Status: (Engrossed - Dead) 2009-11-19 - To State & Local Government & Veterans Affairs [HB260 Detail]

Download: Ohio-2009-HB260-Engrossed.html

As Passed by the House

128th General Assembly

Regular Session

2009-2010

Am. Sub. H. B. No. 260

Representatives Stewart, Heard

Cosponsors: Representatives Book, Domenick, Dyer, Foley, Garland, Letson, Okey, Skindell, Weddington, Williams, B., Yuko, Belcher, Bolon, Boyd, Brown, Celeste, Chandler, DeBose, Driehaus, Fende, Garrison, Hagan, Harris, Harwood, Koziura, Mallory, Murray, Newcomb, Patten, Phillips, Pillich, Pryor, Szollosi, Ujvagi, Williams, S., Winburn, Yates

A BILL

To amend sections 133.06, 133.18, 302.03, 302.09,

303.11, 303.12, 303.25, 305.02, 305.31, 306.32,

306.321, 306.70, 306.71, 307.676, 307.677,

307.695, 307.697, 307.791, 307.94, 307.95,

322.02, 322.021, 324.02, 324.021, 345.03, 351.26,

503.02, 503.161, 503.24, 503.41, 504.01, 504.03,

505.13, 505.14, 511.01, 511.22, 511.27, 511.28,

511.33, 511.34, 513.06, 513.13, 513.18, 517.05,

519.11, 519.12, 519.25, 705.01, 707.21, 709.29,

709.39, 709.45, 709.462, 709.48, 709.50, 715.69,

715.691, 715.70, 715.71, 715.77, 718.01, 718.09,

718.10, 731.03, 731.28, 731.29, 733.09, 733.261,

733.262, 733.31, 733.48, 749.021, 755.01, 757.02,

759.25, 1515.28, 1545.21, 1545.36, 1711.30,

1901.07, 1901.10, 1901.31, 1907.13, 2101.43,

2301.02, 3311.053, 3311.059, 3311.21, 3311.213,

3311.22, 3311.231, 3311.25, 3311.26, 3311.37,

3311.38, 3311.50, 3311.73, 3316.08, 3318.06,

3318.061, 3318.361, 3354.12, 3355.02, 3355.09,

3357.02, 3357.11, 3375.19, 3375.201, 3375.211,

3375.212, 3501.01, 3501.02, 3501.03, 3501.05,

3501.07, 3501.10, 3501.11, 3501.17, 3501.18,

3501.21, 3501.22, 3501.38, 3501.39, 3501.90,

3503.01, 3503.04, 3503.06, 3503.10, 3503.11,

3503.14, 3503.15, 3503.16, 3503.19, 3503.21,

3503.24, 3503.28, 3505.01, 3505.03, 3505.04,

3505.06, 3505.062, 3505.08, 3505.10, 3505.11,

3505.12, 3505.13, 3505.18, 3505.181, 3505.182,

3505.183, 3505.20, 3505.21, 3505.23, 3505.28,

3505.30, 3505.32, 3506.02, 3506.11, 3506.12,

3506.21, 3509.01, 3509.02, 3509.03, 3509.031,

3509.04, 3509.05, 3509.06, 3509.08, 3509.09,

3511.01, 3511.02, 3511.03, 3511.04, 3511.05,

3511.06, 3511.08, 3511.10, 3511.11, 3511.13,

3513.01, 3513.02, 3513.041, 3513.05, 3513.052,

3513.121, 3513.122, 3513.151, 3513.19, 3513.251,

3513.253, 3513.254, 3513.255, 3513.256, 3513.257,

3513.259, 3513.263, 3513.30, 3513.31, 3513.311,

3513.312, 3517.01, 3517.012, 3517.02, 3517.03,

3519.08, 3519.16, 3521.03, 3709.051, 3709.071,

3709.29, 3767.05, 3769.27, 4301.33, 4301.331,

4301.332, 4301.333, 4301.334, 4301.356,

4301.421, 4301.424, 4303.29, 4305.14, 4504.021,

4504.15, 4504.16, 4504.21, 4506.03, 4507.13,

4507.52, 4928.20, 4929.26, 4931.51, 4931.52,

4931.53, 4951.44, 4955.05, 5705.19, 5705.191,

5705.195, 5705.199, 5705.20, 5705.21, 5705.211,

5705.212, 5705.213, 5705.217, 5705.218, 5705.219,

5705.2111, 5705.22, 5705.221, 5705.222, 5705.23,

5705.24, 5705.25, 5705.251, 5705.261, 5705.27,

5705.71, 5739.021, 5739.022, 5739.026, 5743.021,

5743.024, 5743.026, 5748.02, 5748.04, 5748.08,

6105.18, 6105.20, 6119.31, and 6119.32, to enact

new sections 3509.07 and 3511.09 and sections

125.042, 3501.012, 3501.40, 3503.141, 3503.142,

3503.191, 3503.20, 3503.22, 3505.331, 3507.01,

3507.02, 3507.03, 3509.10, 3511.021, 3511.041,

3511.14, and 3599.30, and to repeal sections

3503.18, 3503.33, 3505.19, 3505.22, 3506.13,

3509.022, 3509.07, 3511.07, 3511.09, 3511.12,

and 3513.20 of the Revised Code to revise the

Election Law.

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

Section 1. That sections 133.06, 133.18, 302.03, 302.09,	63
303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 306.321, 306.70,	64
306.71, 307.676, 307.677, 307.695, 307.697, 307.791, 307.94,	65
307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 351.26, 503.02,	66
503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 505.14, 511.01,	67
511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 513.13, 513.18,	68
517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 709.29, 709.39,	69
709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 715.70, 715.71,	70
715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 731.29, 733.09,	71
733.261, 733.262, 733.31, 733.48, 749.021, 755.01, 757.02,	72
759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07, 1901.10,	73
1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059, 3311.21,	74
3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, 3311.38,	75
3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361, 3354.12,	76
3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201, 3375.211,	77
3375.212, 3501.01, 3501.02, 3501.03, 3501.05, 3501.07, 3501.10,	78
3501.11, 3501.17, 3501.18, 3501.21, 3501.22, 3501.38, 3501.39,	79
3501.90, 3503.01, 3503.04, 3503.06, 3503.10, 3503.11, 3503.14,	80
3503.15, 3503.16, 3503.19, 3503.21, 3503.24, 3503.28, 3505.01,	81
3505.03, 3505.04, 3505.06, 3505.062, 3505.08, 3505.10,	82
3505.11, 3505.12, 3505.13, 3505.18, 3505.181, 3505.182,	83
3505.183, 3505.20, 3505.21, 3505.23, 3505.28, 3505.30,	84
3505.32, 3506.02, 3506.11, 3506.12, 3506.21, 3509.01, 3509.02,	85
3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.08,	86
3509.09, 3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06,	87
3511.08, 3511.10, 3511.11, 3511.13, 3513.01, 3513.02,	88
3513.041, 3513.05, 3513.052, 3513.121, 3513.122, 3513.151,	89
3513.19, 3513.251, 3513.253, 3513.254, 3513.255, 3513.256,	90
3513.257, 3513.259, 3513.263, 3513.30, 3513.31, 3513.311,	91
3513.312, 3517.01, 3517.012, 3517.02, 3517.03, 3519.08,	92
3519.16, 3521.03, 3709.051, 3709.071, 3709.29, 3767.05, 3769.27,	93
4301.33, 4301.331, 4301.332, 4301.333, 4301.334, 4301.356,	94
4301.421, 4301.424, 4303.29, 4305.14, 4504.021, 4504.15,	95
4504.16, 4504.21, 4506.03, 4507.13, 4507.52, 4928.20, 4929.26,	96
4931.51, 4931.52, 4931.53, 4951.44, 4955.05, 5705.19, 5705.191,	97
5705.195, 5705.199, 5705.20, 5705.21, 5705.211, 5705.212,	98
5705.213, 5705.217, 5705.218, 5705.219, 5705.2111, 5705.22,	99
5705.221, 5705.222, 5705.23, 5705.24, 5705.25, 5705.251,	100
5705.261, 5705.27, 5705.71, 5739.021, 5739.022, 5739.026,	101
5743.021, 5743.024, 5743.026, 5748.02, 5748.04, 5748.08, 6105.18,	102
6105.20, 6119.31, and 6119.32 be amended and new sections	103
3509.07 and 3511.09 and sections 125.042, 3501.012, 3501.40,	104
3503.141, 3503.142, 3503.191, 3503.20, 3503.22, 3505.331,	105
3507.01, 3507.02, 3507.03, 3509.10, 3511.021, 3511.041,	106
3511.14, and 3599.30 of the Revised Code be enacted to read as	107
follows:	108

Sec. 125.042. (A) The department of administrative services,	109
by rule adopted under Chapter 119. of the Revised Code, shall	110
establish a purchasing program through which the department enters	111
into purchase contracts for supplies used by boards of elections,	112
including any polling place supplies required under section	113
3501.30 of the Revised Code. A board of elections that opts to	114
participate in the purchasing program may purchase its supplies	115
through the contracts entered into by the department.	116

(B) Purchases that a board of elections makes under this	117
section are exempt from any competitive selection procedures	118
otherwise required by law.	119

Sec. 133.06. (A) A school district shall not incur, without	120
a vote of the electors, net indebtedness that exceeds an amount	121
equal to one-tenth of one per cent of its tax valuation, except as	122
provided in divisions (G) and (H) of this section and in division	123
(C) of section 3313.372 of the Revised Code, or as prescribed in	124
section 3318.052 or 3318.44 of the Revised Code, or as provided in	125
division (J) of this section.	126

(B) Except as provided in divisions (E), (F), and (I) of this	127
section, a school district shall not incur net indebtedness that	128
exceeds an amount equal to nine per cent of its tax valuation.	129

(C) A school district shall not submit to a vote of the	130
electors the question of the issuance of securities in an amount	131
that will make the district's net indebtedness after the issuance	132
of the securities exceed an amount equal to four per cent of its	133
tax valuation, unless the superintendent of public instruction,	134
acting under policies adopted by the state board of education, and	135
the tax commissioner, acting under written policies of the	136
commissioner, consent to the submission. A request for the	137
consents shall be made at least one hundred ~~five~~fifteen days	138
prior to the election at which the question is to be submitted.	139

The superintendent of public instruction shall certify to the	140
district the superintendent's and the tax commissioner's decisions	141
within thirty days after receipt of the request for consents.	142

If the electors do not approve the issuance of securities at	143
the election for which the superintendent of public instruction	144
and tax commissioner consented to the submission of the question,	145
the school district may submit the same question to the electors	146
on the date that the next special election may be held under	147
section 3501.01 of the Revised Code without submitting a new	148
request for consent. If the school district seeks to submit the	149
same question at any other subsequent election, the district shall	150
first submit a new request for consent in accordance with this	151
division.	152

(D) In calculating the net indebtedness of a school district,	153
none of the following shall be considered:	154

(1) Securities issued to acquire school buses and other	155
equipment used in transporting pupils or issued pursuant to	156
division (D) of section 133.10 of the Revised Code;	157

(2) Securities issued under division (F) of this section,	158
under section 133.301 of the Revised Code, and, to the extent in	159
excess of the limitation stated in division (B) of this section,	160
under division (E) of this section;	161

(3) Indebtedness resulting from the dissolution of a joint	162
vocational school district under section 3311.217 of the Revised	163
Code, evidenced by outstanding securities of that joint vocational	164
school district;	165

(4) Loans, evidenced by any securities, received under	166
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	167
Revised Code;	168

(5) Debt incurred under section 3313.374 of the Revised Code;

169

(6) Debt incurred pursuant to division (B)(5) of section	170
3313.37 of the Revised Code to acquire computers and related	171
hardware;	172

(7) Debt incurred under section 3318.042 of the Revised Code.

173

(E) A school district may become a special needs district as	174
to certain securities as provided in division (E) of this section.	175

(1) A board of education, by resolution, may declare its	176
school district to be a special needs district by determining both	177
of the following:	178

(a) The student population is not being adequately serviced	179
by the existing permanent improvements of the district.	180

(b) The district cannot obtain sufficient funds by the	181
issuance of securities within the limitation of division (B) of	182
this section to provide additional or improved needed permanent	183
improvements in time to meet the needs.	184

(2) The board of education shall certify a copy of that	185
resolution to the superintendent of public instruction with a	186
statistical report showing all of the following:	187

(a) A history of and a projection of the growth of the	188
student population;	189

(b) The history of and a projection of the growth of the tax	190
valuation;	191

192

(d) The estimated cost of permanent improvements proposed to	193
meet such projected needs.	194

(3) The superintendent of public instruction shall certify	195
the district as an approved special needs district if the	196
superintendent finds both of the following:	197

(a) The district does not have available sufficient	198
additional funds from state or federal sources to meet the	199
projected needs.	200

(b) The projection of the potential average growth of tax	201
valuation during the next five years, according to the information	202
certified to the superintendent and any other information the	203
superintendent obtains, indicates a likelihood of potential	204
average growth of tax valuation of the district during the next	205
five years of an average of not less than three per cent per year.	206
The findings and certification of the superintendent shall be	207
conclusive.	208

(4) An approved special needs district may incur net	209
indebtedness by the issuance of securities in accordance with the	210
provisions of this chapter in an amount that does not exceed an	211
amount equal to the greater of the following:	212

(a) Nine per cent of the sum of its tax valuation plus an	213
amount that is the product of multiplying that tax valuation by	214
the percentage by which the tax valuation has increased over the	215
tax valuation on the first day of the sixtieth month preceding the	216
month in which its board determines to submit to the electors the	217
question of issuing the proposed securities;	218

(b) Nine per cent of the sum of its tax valuation plus an	219
amount that is the product of multiplying that tax valuation by	220
the percentage, determined by the superintendent of public	221
instruction, by which that tax valuation is projected to increase	222
during the next ten years.	223

(F) A school district may issue securities for emergency	224
purposes, in a principal amount that does not exceed an amount	225
equal to three per cent of its tax valuation, as provided in this	226
division.	227

(1) A board of education, by resolution, may declare an	228
emergency if it determines both of the following:	229

(a) School buildings or other necessary school facilities in	230
the district have been wholly or partially destroyed, or condemned	231
by a constituted public authority, or that such buildings or	232
facilities are partially constructed, or so constructed or planned	233
as to require additions and improvements to them before the	234
buildings or facilities are usable for their intended purpose, or	235
that corrections to permanent improvements are necessary to remove	236
or prevent health or safety hazards.	237

(b) Existing fiscal and net indebtedness limitations make	238
adequate replacement, additions, or improvements impossible.	239

(2) Upon the declaration of an emergency, the board of	240
education may, by resolution, submit to the electors of the	241
district pursuant to section 133.18 of the Revised Code the	242
question of issuing securities for the purpose of paying the cost,	243
in excess of any insurance or condemnation proceeds received by	244
the district, of permanent improvements to respond to the	245
emergency need.	246

(3) The procedures for the election shall be as provided in	247
section 133.18 of the Revised Code, except that:	248

(a) The form of the ballot shall describe the emergency	249
existing, refer to this division as the authority under which the	250
emergency is declared, and state that the amount of the proposed	251
securities exceeds the limitations prescribed by division (B) of	252
this section;	253

(b) The resolution required by division (B) of section 133.18	254
of the Revised Code shall be certified to the county auditor and	255
the board of elections at least ~~seventy-five~~ninety-five days	256
prior to the election;	257

(c) The county auditor shall advise and, not later than	258
~~sixty-five~~ninety days before the election, confirm that advice by	259
certification to, the board of education of the information	260
required by division (C) of section 133.18 of the Revised Code;	261

(d) The board of education shall then certify its resolution	262
and the information required by division (D) of section 133.18 of	263
the Revised Code to the board of elections not less than ~~sixty~~	264
eighty-five days prior to the election.	265

(4) Notwithstanding division (B) of section 133.21 of the	266
Revised Code, the first principal payment of securities issued	267
under this division may be set at any date not later than sixty	268
months after the earliest possible principal payment otherwise	269
provided for in that division.	270

(G) The board of education may contract with an architect,	271
professional engineer, or other person experienced in the design	272
and implementation of energy conservation measures for an analysis	273
and recommendations pertaining to installations, modifications of	274
installations, or remodeling that would significantly reduce	275
energy consumption in buildings owned by the district. The report	276
shall include estimates of all costs of such installations,	277
modifications, or remodeling, including costs of design,	278
engineering, installation, maintenance, repairs, and debt service,	279
and estimates of the amounts by which energy consumption and	280
resultant operational and maintenance costs, as defined by the	281
Ohio school facilities commission, would be reduced.	282

If the board finds after receiving the report that the amount	283
of money the district would spend on such installations,	284
modifications, or remodeling is not likely to exceed the amount of	285
money it would save in energy and resultant operational and	286
maintenance costs over the ensuing fifteen years, the board may	287
submit to the commission a copy of its findings and a request for	288
approval to incur indebtedness to finance the making or	289
modification of installations or the remodeling of buildings for	290
the purpose of significantly reducing energy consumption.	291

If the commission determines that the board's findings are	292
reasonable, it shall approve the board's request. Upon receipt of	293
the commission's approval, the district may issue securities	294
without a vote of the electors in a principal amount not to exceed	295
nine-tenths of one per cent of its tax valuation for the purpose	296
of making such installations, modifications, or remodeling, but	297
the total net indebtedness of the district without a vote of the	298
electors incurred under this and all other sections of the Revised	299
Code, except section 3318.052 of the Revised Code, shall not	300
exceed one per cent of the district's tax valuation.	301

So long as any securities issued under division (G) of this	302
section remain outstanding, the board of education shall monitor	303
the energy consumption and resultant operational and maintenance	304
costs of buildings in which installations or modifications have	305
been made or remodeling has been done pursuant to division (G) of	306
this section and shall maintain and annually update a report	307
documenting the reductions in energy consumption and resultant	308
operational and maintenance cost savings attributable to such	309
installations, modifications, or remodeling. The report shall be	310
certified by an architect or engineer independent of any person	311
that provided goods or services to the board in connection with	312
the energy conservation measures that are the subject of the	313
report. The resultant operational and maintenance cost savings	314
shall be certified by the school district treasurer. The report	315
shall be made available to the commission upon request.	316

(H) With the consent of the superintendent of public	317
instruction, a school district may incur without a vote of the	318
electors net indebtedness that exceeds the amounts stated in	319
divisions (A) and (G) of this section for the purpose of paying	320
costs of permanent improvements, if and to the extent that both of	321
the following conditions are satisfied:	322

(1) The fiscal officer of the school district estimates that	323
receipts of the school district from payments made under or	324
pursuant to agreements entered into pursuant to section 725.02,	325
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	326
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	327
Code, or distributions under division (C) of section 5709.43 of	328
the Revised Code, or any combination thereof, are, after	329
accounting for any appropriate coverage requirements, sufficient	330
in time and amount, and are committed by the proceedings, to pay	331
the debt charges on the securities issued to evidence that	332
indebtedness and payable from those receipts, and the taxing	333
authority of the district confirms the fiscal officer's estimate,	334
which confirmation is approved by the superintendent of public	335
instruction;	336

(2) The fiscal officer of the school district certifies, and	337
the taxing authority of the district confirms, that the district,	338
at the time of the certification and confirmation, reasonably	339
expects to have sufficient revenue available for the purpose of	340
operating such permanent improvements for their intended purpose	341
upon acquisition or completion thereof, and the superintendent of	342
public instruction approves the taxing authority's confirmation.	343

The maximum maturity of securities issued under division (H)	344
of this section shall be the lesser of twenty years or the maximum	345
maturity calculated under section 133.20 of the Revised Code.	346

(I) A school district may incur net indebtedness by the	347
issuance of securities in accordance with the provisions of this	348
chapter in excess of the limit specified in division (B) or (C) of	349
this section when necessary to raise the school district portion	350
of the basic project cost and any additional funds necessary to	351
participate in a project under Chapter 3318. of the Revised Code,	352
including the cost of items designated by the Ohio school	353
facilities commission as required locally funded initiatives and	354
the cost for site acquisition. The school facilities commission	355
shall notify the superintendent of public instruction whenever a	356
school district will exceed either limit pursuant to this	357
division.	358

(J) A school district whose portion of the basic project cost	359
of its classroom facilities project under sections 3318.01 to	360
3318.20 of the Revised Code is greater than or equal to one	361
hundred million dollars may incur without a vote of the electors	362
net indebtedness in an amount up to two per cent of its tax	363
valuation through the issuance of general obligation securities in	364
order to generate all or part of the amount of its portion of the	365
basic project cost if the controlling board has approved the	366
school facilities commission's conditional approval of the project	367
under section 3318.04 of the Revised Code. The school district	368
board and the Ohio school facilities commission shall include the	369
dedication of the proceeds of such securities in the agreement	370
entered into under section 3318.08 of the Revised Code. No state	371
moneys shall be released for a project to which this section	372
applies until the proceeds of any bonds issued under this section	373
that are dedicated for the payment of the school district portion	374
of the project are first deposited into the school district's	375
project construction fund.	376

Sec. 133.18. (A) The taxing authority of a subdivision may	377
by legislation submit to the electors of the subdivision the	378
question of issuing any general obligation bonds, for one purpose,	379
that the subdivision has power or authority to issue.	380

(B) When the taxing authority of a subdivision desires or is	381
required by law to submit the question of a bond issue to the	382
electors, it shall pass legislation that does all of the	383
following:	384

(1) Declares the necessity and purpose of the bond issue;

385

(2) States the date of the authorized election at which the	386
question shall be submitted to the electors;	387

(3) States the amount, approximate date, estimated net	388
average rate of interest, and maximum number of years over which	389
the principal of the bonds may be paid;	390

(4) Declares the necessity of levying a tax outside the tax	391
limitation to pay the debt charges on the bonds and any	392
anticipatory securities.	393

The estimated net average interest rate shall be determined	394
by the taxing authority based on, among other factors, then	395
existing market conditions, and may reflect adjustments for any	396
anticipated direct payments expected to be received by the taxing	397
authority from the government of the United States relating to the	398
bonds and the effect of any federal tax credits anticipated to be	399
available to owners of all or a portion of the bonds. The	400
estimated net average rate of interest, and any statutory or	401
charter limit on interest rates that may then be in effect and	402
that is subsequently amended, shall not be a limitation on the	403
actual interest rate or rates on the securities when issued.	404

(C)(1) The taxing authority shall certify a copy of the	405
legislation passed under division (B) of this section to the	406
county auditor. The county auditor shall promptly calculate and	407
advise and, not later than ~~seventy-five~~eighty-five days before	408
the election, confirm that advice by certification to, the taxing	409
authority the estimated average annual property tax levy,	410
expressed in cents or dollars and cents for each one hundred	411
dollars of tax valuation and in mills for each one dollar of tax	412
valuation, that the county auditor estimates to be required	413
throughout the stated maturity of the bonds to pay the debt	414
charges on the bonds. In calculating the estimated average annual	415
property tax levy for this purpose, the county auditor shall	416
assume that the bonds are issued in one series bearing interest	417
and maturing in substantially equal principal amounts in each year	418
over the maximum number of years over which the principal of the	419
bonds may be paid as stated in that legislation, and that the	420
amount of the tax valuation of the subdivision for the current	421
year remains the same throughout the maturity of the bonds, except	422
as otherwise provided in division (C)(2) of this section. If the	423
tax valuation for the current year is not determined, the county	424
auditor shall base the calculation on the estimated amount of the	425
tax valuation submitted by the county auditor to the county budget	426
commission. If the subdivision is located in more than one county,	427
the county auditor shall obtain the assistance of the county	428
auditors of the other counties, and those county auditors shall	429
provide assistance, in establishing the tax valuation of the	430
subdivision for purposes of certifying the estimated average	431
annual property tax levy.	432

(2) When considering the tangible personal property component	433
of the tax valuation of the subdivision, the county auditor shall	434
take into account the assessment percentages prescribed in section	435
5711.22 of the Revised Code. The tax commissioner may issue rules,	436
orders, or instructions directing how the assessment percentages	437
must be utilized.	438

(D) After receiving the county auditor's advice under	439
division (C) of this section, the taxing authority by legislation	440
may determine to proceed with submitting the question of the issue	441
of securities, and shall, not later than the ~~seventy-fifth~~	442
eighty-fifth day before the day of the election, file the	443
following with the board of elections:	444

(1) Copies of the legislation provided for in divisions (B)	445
and (D) of this section;	446

(2) The amount of the estimated average annual property tax	447
levy, expressed in cents or dollars and cents for each one hundred	448
dollars of tax valuation and in mills for each one dollar of tax	449
valuation, as estimated and certified to the taxing authority by	450
the county auditor.	451

(E)(1) The board of elections shall prepare the ballots and	452
make other necessary arrangements for the submission of the	453
question to the electors of the subdivision. If the subdivision is	454
located in more than one county, the board shall inform the boards	455
of elections of the other counties of the filings with it, and	456
those other boards shall if appropriate make the other necessary	457
arrangements for the election in their counties. The election	458
shall be conducted, canvassed, and certified in the manner	459
provided in Title XXXV of the Revised Code.	460

(2) The election shall be held at the regular places for	461
voting in the subdivision. If the electors of only a part of a	462
precinct are qualified to vote at the election the board of	463
elections may assign the electors in that part to an adjoining	464
precinct, including an adjoining precinct in another county if the	465
board of elections of the other county consents to and approves	466
the assignment. Each elector so assigned shall be notified of that	467
fact prior to the election by notice mailed by the board of	468
elections, in such manner as it determines, prior to the election.	469

(3) The board of elections shall publish a notice of the	470
election, in one or more newspapers of general circulation in the	471
subdivision, at least once no later than ten days prior to the	472
election. The notice shall state all of the following:	473

(a) The principal amount of the proposed bond issue;

474

(b) The stated purpose for which the bonds are to be issued;

475

(c) The maximum number of years over which the principal of	476
the bonds may be paid;	477

(d) The estimated additional average annual property tax	478
levy, expressed in cents or dollars and cents for each one hundred	479
dollars of tax valuation and in mills for each one dollar of tax	480
valuation, to be levied outside the tax limitation, as estimated	481
and certified to the taxing authority by the county auditor;	482

(e) The first calendar year in which the tax is expected to	483
be due.	484

(F)(1) The form of the ballot to be used at the election	485
shall be substantially either of the following, as applicable:	486

(a) "Shall bonds be issued by the ............ (name of	487
subdivision) for the purpose of ........... (purpose of the bond	488
issue) in the principal amount of .......... (principal amount of	489
the bond issue), to be repaid annually over a maximum period of	490
.......... (the maximum number of years over which the principal	491
of the bonds may be paid) years, and an annual levy of property	492
taxes be made outside the .......... (as applicable, "ten-mill" or	493
"...charter tax") limitation, estimated by the county auditor to	494
average over the repayment period of the bond issue ..........	495
(number of mills) mills for each one dollar of tax valuation,	496
which amounts to .......... (rate expressed in cents or dollars	497
and cents, such as "36 cents" or "$1.41") for each one hundred	498
dollars of tax valuation, commencing in .......... (first year the	499
tax will be levied), first due in calendar year .......... (first	500
calendar year in which the tax shall be due), to pay the annual	501
debt charges on the bonds, and to pay debt charges on any notes	502
issued in anticipation of those bonds?	503

504

		For the bond issue			505
		Against the bond issue	"		506

507

(b) In the case of an election held pursuant to legislation	508
adopted under section 3375.43 or 3375.431 of the Revised Code:	509

"Shall bonds be issued for .......... (name of library) for	510
the purpose of .......... (purpose of the bond issue), in the	511
principal amount of .......... (amount of the bond issue) by	512
.......... (the name of the subdivision that is to issue the bonds	513
and levy the tax) as the issuer of the bonds, to be repaid	514
annually over a maximum period of .......... (the maximum number	515
of years over which the principal of the bonds may be paid) years,	516
and an annual levy of property taxes be made outside the ten-mill	517
limitation, estimated by the county auditor to average over the	518
repayment period of the bond issue .......... (number of mills)	519
mills for each one dollar of tax valuation, which amounts to	520
.......... (rate expressed in cents or dollars and cents, such as	521
"36 cents" or "$1.41") for each one hundred dollars of tax	522
valuation, commencing in .......... (first year the tax will be	523
levied), first due in calendar year .......... (first calendar	524
year in which the tax shall be due), to pay the annual debt	525
charges on the bonds, and to pay debt charges on any notes issued	526
in anticipation of those bonds?	527

528

		For the bond issue			529
		Against the bond issue	"		530

531

(2) The purpose for which the bonds are to be issued shall be	532
printed in the space indicated, in boldface type.	533

(G) The board of elections shall promptly certify the results	534
of the election to the tax commissioner, the county auditor of	535
each county in which any part of the subdivision is located, and	536
the fiscal officer of the subdivision. The election, including the	537
proceedings for and result of the election, is incontestable other	538
than in a contest filed under section 3515.09 of the Revised Code	539
in which the plaintiff prevails.	540

(H) If a majority of the electors voting upon the question	541
vote for it, the taxing authority of the subdivision may proceed	542
under sections 133.21 to 133.33 of the Revised Code with the	543
issuance of the securities and with the levy and collection of a	544
property tax outside the tax limitation during the period the	545
securities are outstanding sufficient in amount to pay the debt	546
charges on the securities, including debt charges on any	547
anticipatory securities required to be paid from that tax. If	548
legislation passed under section 133.22 or 133.23 of the Revised	549
Code authorizing those securities is filed with the county auditor	550
on or before the last day of November, the amount of the voted	551
property tax levy required to pay debt charges or estimated debt	552
charges on the securities payable in the following year shall if	553
requested by the taxing authority be included in the taxes levied	554
for collection in the following year under section 319.30 of the	555
Revised Code.	556

(I)(1) If, before any securities authorized at an election	557
under this section are issued, the net indebtedness of the	558
subdivision exceeds that applicable to that subdivision or those	559
securities, then and so long as that is the case none of the	560
securities may be issued.	561

(2) No securities authorized at an election under this	562
section may be initially issued after the first day of the sixth	563
January following the election, but this period of limitation	564
shall not run for any time during which any part of the permanent	565
improvement for which the securities have been authorized, or the	566
issuing or validity of any part of the securities issued or to be	567
issued, or the related proceedings, is involved or questioned	568
before a court or a commission or other tribunal, administrative	569
agency, or board.	570

(3) Securities representing a portion of the amount	571
authorized at an election that are issued within the applicable	572
limitation on net indebtedness are valid and in no manner affected	573
by the fact that the balance of the securities authorized cannot	574
be issued by reason of the net indebtedness limitation or lapse of	575
time.	576

(4) Nothing in this division (I) shall be interpreted or	577
applied to prevent the issuance of securities in an amount to fund	578
or refund anticipatory securities lawfully issued.	579

(5) The limitations of divisions (I)(1) and (2) of this	580
section do not apply to any securities authorized at an election	581
under this section if at least ten per cent of the principal	582
amount of the securities, including anticipatory securities,	583
authorized has theretofore been issued, or if the securities are	584
to be issued for the purpose of participating in any federally or	585
state-assisted program.	586

(6) The certificate of the fiscal officer of the subdivision	587
is conclusive proof of the facts referred to in this division.	588

Sec. 302.03. (A) The board of county commissioners of any	589
county may, by a two-thirds vote of the board, or shall, upon	590
petition by three per cent of the electors of the county as	591
determined by the number of votes cast therein for the office of	592
governor at the most recent gubernatorial election, by resolution,	593
cause the board of elections in the county to submit to the	594
electors of the county the question of adopting one of the	595
alternative forms of county government authorized by sections	596
302.01 to 302.24 of the Revised Code. The question shall be voted	597
upon at the next general election occurring not less than	598
~~seventy-five~~eighty-five days after the certification of the	599
resolution to the board of elections.	600

(B) If, in any county, a resolution is adopted by the board	601
of county commissioners requiring that the question of choosing a	602
commission to frame a county charter be submitted to the electors	603
thereof prior to the resolution provided for in this section, the	604
proposition to adopt an alternative form of county government	605
provided in sections 302.01 to 302.24 of the Revised Code, shall	606
not be submitted in that county as long as the question of	607
choosing such commission or of adopting a charter framed by such	608
commission is pending therein.	609

(C) Any proposition for an alternative form of county	610
government shall specify the number of members of the board of	611
county commissioners, how many shall be elected at large, or how	612
many shall be elected by districts.	613

Sec. 302.09. When a vacancy occurs in the board of county	614
commissioners or in the office of county auditor, county	615
treasurer, prosecuting attorney, clerk of the court of common	616
pleas, sheriff, county recorder, county engineer, or coroner more	617
than ~~forty~~fifty days before the next general election for state	618
and county officers, the vacancy shall be filled as provided for	619
in divisions (A) and (B) of section 305.02 of the Revised Code.	620

Sec. 303.11. If the zoning resolution is adopted by the	621
board of county commissioners, such board shall cause the question	622
of whether or not the proposed plan of zoning shall be put into	623
effect to be submitted to the electors residing in the	624
unincorporated area of the county included in the proposed plan of	625
zoning for their approval or rejection at the next primary or	626
general election, or a special election may be called for this	627
purpose. Such resolution shall be filed with the board of	628
elections not later than four p.m. on the ~~seventy-fifth~~	629
eighty-fifth day before the day of the election. No zoning	630
regulations shall be put into effect in any township, unless a	631
majority of the vote cast on the issue in that township is in	632
favor of the proposed plan of zoning. Upon certification by the	633
board of elections the resolution shall take immediate effect in	634
all townships which voted approval, eliminating from the plan any	635
township which did not vote approval.	636

Within five working days after the resolution's effective	637
date, the board of county commissioners shall file it, including	638
text and maps, in the office of the county recorder. The board	639
shall also file duplicates of the same documents with the regional	640
or county planning commission, if one exists, within the same	641
period.	642

The board shall file all resolutions, including text and	643
maps, that are in effect on January 1, 1992, in the office of the	644
county recorder within thirty working days after that date. The	645
board shall also file duplicates of the same documents with the	646
regional or county planning commission, if one exists, within the	647
same period.	648

The failure to file a resolution, or any text and maps, or	649
duplicates of any of these documents, with the office of the	650
county recorder or the county or regional planning commission as	651
required by this section does not invalidate the resolution and is	652
not grounds for an appeal of any decision of the board of zoning	653
appeals.	654

Sec. 303.12. (A)(1) Amendments to the zoning resolution may	655
be initiated by motion of the county rural zoning commission, by	656
the passage of a resolution by the board of county commissioners,	657
or by the filing of an application by one or more of the owners or	658
lessees of property within the area proposed to be changed or	659
affected by the proposed amendment with the county rural zoning	660
commission. The board of county commissioners may require that the	661
owner or lessee of property filing an application to amend the	662
zoning resolution pay a fee to defray the cost of advertising,	663
mailing, filing with the county recorder, and other expenses. If	664
the board of county commissioners requires such a fee, it shall be	665
required generally, for each application. The board of county	666
commissioners, upon the passage of such a resolution, shall	667
certify it to the county rural zoning commission.	668

(2) Upon the adoption of a motion by the county rural zoning	669
commission, the certification of a resolution by the board of	670
county commissioners to the commission, or the filing of an	671
application by property owners or lessees as described in division	672
(A)(1) of this section with the commission, the commission shall	673
set a date for a public hearing, which date shall not be less than	674
twenty nor more than forty days from the date of adoption of such	675
a motion, the date of the certification of such a resolution, or	676
the date of the filing of such an application. Notice of the	677
hearing shall be given by the commission by one publication in one	678
or more newspapers of general circulation in each township	679
affected by the proposed amendment at least ten days before the	680
date of the hearing.	681

(B) If the proposed amendment intends to rezone or redistrict	682
ten or fewer parcels of land, as listed on the county auditor's	683
current tax list, written notice of the hearing shall be mailed by	684
the county rural zoning commission, by first class mail, at least	685
ten days before the date of the public hearing to all owners of	686
property within and contiguous to and directly across the street	687
from the area proposed to be rezoned or redistricted to the	688
addresses of those owners appearing on the county auditor's	689
current tax list. The failure of delivery of that notice shall not	690
invalidate any such amendment.	691

(C) If the proposed amendment intends to rezone or redistrict	692
ten or fewer parcels of land as listed on the county auditor's	693
current tax list, the published and mailed notices shall set forth	694
the time, date, and place of the public hearing and include all of	695
the following:	696

(1) The name of the county rural zoning commission that will	697
be conducting the hearing;	698

(2) A statement indicating that the motion, resolution, or	699
application is an amendment to the zoning resolution;	700

(3) A list of the addresses of all properties to be rezoned	701
or redistricted by the proposed amendment and of the names of	702
owners of these properties, as they appear on the county auditor's	703
current tax list;	704

(4) The present zoning classification of property named in	705
the proposed amendment and the proposed zoning classification of	706
that property;	707

(5) The time and place where the motion, resolution, or	708
application proposing to amend the zoning resolution will be	709
available for examination for a period of at least ten days prior	710
to the hearing;	711

(6) The name of the person responsible for giving notice of	712
the public hearing by publication, by mail, or by both publication	713
and mail;	714

(7) A statement that, after the conclusion of the hearing,	715
the matter will be submitted to the board of county commissioners	716
for its action;	717

(8) Any other information requested by the commission.

718

(D) If the proposed amendment alters the text of the zoning	719
resolution, or rezones or redistricts more than ten parcels of	720
land as listed on the county auditor's current tax list, the	721
published notice shall set forth the time, date, and place of the	722
public hearing and include all of the following:	723

(1) The name of the county rural zoning commission that will	724
be conducting the hearing on the proposed amendment;	725

(2) A statement indicating that the motion, application, or	726
resolution is an amendment to the zoning resolution;	727

(3) The time and place where the text and maps of the	728
proposed amendment will be available for examination for a period	729
of at least ten days prior to the hearing;	730

(4) The name of the person responsible for giving notice of	731
the hearing by publication;	732

(5) A statement that, after the conclusion of the hearing,	733
the matter will be submitted to the board of county commissioners	734
for its action;	735

(6) Any other information requested by the commission.

736

Hearings shall be held in the county court house or in a	737
public place designated by the commission.	738

(E) Within five days after the adoption of the motion	739
described in division (A) of this section, the certification of	740
the resolution described in division (A) of this section, or the	741
filing of the application described in division (A) of this	742
section, the county rural zoning commission shall transmit a copy	743
of it together with text and map pertaining to it to the county or	744
regional planning commission, if there is such a commission.	745

The county or regional planning commission shall recommend	746
the approval or denial of the proposed amendment or the approval	747
of some modification of it and shall submit its recommendation to	748
the county rural zoning commission. The recommendation shall be	749
considered at the public hearing held by the county rural zoning	750
commission on the proposed amendment.	751

The county rural zoning commission, within thirty days after	752
the hearing, shall recommend the approval or denial of the	753
proposed amendment, or the approval of some modification of it,	754
and shall submit that recommendation together with the motion,	755
application, or resolution involved, the text and map pertaining	756
to the proposed amendment, and the recommendation of the county or	757
regional planning commission on it to the board of county	758
commissioners.	759

The board of county commissioners, upon receipt of that	760
recommendation, shall set a time for a public hearing on the	761
proposed amendment, which date shall be not more than thirty days	762
from the date of the receipt of that recommendation. Notice of the	763
hearing shall be given by the board by one publication in one or	764
more newspapers of general circulation in the county, at least ten	765
days before the date of the hearing.	766

(F) If the proposed amendment intends to rezone or redistrict	767
ten or fewer parcels of land as listed on the county auditor's	768
current tax list, the published notice shall set forth the time,	769
date, and place of the public hearing and include all of the	770
following:	771

(1) The name of the board of county commissioners that will	772
be conducting the hearing;	773

(2) A statement indicating that the motion, application, or	774
resolution is an amendment to the zoning resolution;	775

(3) A list of the addresses of all properties to be rezoned	776
or redistricted by the proposed amendment and of the names of	777
owners of those properties, as they appear on the county auditor's	778
current tax list;	779

(4) The present zoning classification of property named in	780
the proposed amendment and the proposed zoning classification of	781
that property;	782

(5) The time and place where the motion, application, or	783
resolution proposing to amend the zoning resolution will be	784
available for examination for a period of at least ten days prior	785
to the hearing;	786

(6) The name of the person responsible for giving notice of	787
the hearing by publication, by mail, or by both publication and	788
mail;	789

(7) Any other information requested by the board.

790

(G) If the proposed amendment alters the text of the zoning	791
resolution, or rezones or redistricts more than ten parcels of	792
land as listed on the county auditor's current tax list, the	793
published notice shall set forth the time, date, and place of the	794
public hearing and include all of the following:	795

(1) The name of the board of county commissioners that will	796
be conducting the hearing on the proposed amendment;	797

(2) A statement indicating that the motion, application, or	798
resolution is an amendment to the zoning resolution;	799

(3) The time and place where the text and maps of the	800
proposed amendment will be available for examination for a period	801
of at least ten days prior to the hearing;	802

(4) The name of the person responsible for giving notice of	803
the hearing by publication;	804

(5) Any other information requested by the board.

805

(H) Within twenty days after its public hearing, the board of	806
county commissioners shall either adopt or deny the recommendation	807
of the county rural zoning commission or adopt some modification	808
of it. If the board denies or modifies the commission's	809
recommendation, a majority vote of the board shall be required.	810

The proposed amendment, if adopted by the board, shall become	811
effective in thirty days after the date of its adoption, unless,	812
within thirty days after the adoption, there is presented to the	813
board of county commissioners a petition, signed by a number of	814
qualified voters residing in the unincorporated area of the	815
township or part of that unincorporated area included in the	816
zoning plan equal to not less than eight per cent of the total	817
vote cast for all candidates for governor in that area at the most	818
recent general election at which a governor was elected,	819
requesting the board to submit the amendment to the electors of	820
that area for approval or rejection at a special election to be	821
held on the day of the next primary or general election occurring	822
at least eighty-five days after the petition is submitted. Each	823
part of this petition shall contain the number and the full and	824
correct title, if any, of the zoning amendment resolution,	825
motion, or application, furnishing the name by which the amendment	826
is known and a brief summary of its contents. In addition to	827
meeting the requirements of this section, each petition shall be	828
governed by the rules specified in section 3501.38 of the Revised	829
Code.	830

The form of a petition calling for a zoning referendum and	831
the statement of the circulator shall be substantially as follows:	832

"PETITION FOR ZONING REFERENDUM	833

(if the proposal is identified by a particular name or number, or	834
both, these should be inserted here) ........................	835

A proposal to amend the zoning map of the unincorporated area	836
of .............. Township, ................... County, Ohio,	837
adopted ....... (date) .......... (followed by brief summary of	838
the proposal).	839

To the Board of County Commissioners of ..................	840
County, Ohio:	841

We, the undersigned, being electors residing in the	842
unincorporated area of ............... Township, included within	843
the ................. County Zoning Plan, equal to not less than	844
eight per cent of the total vote cast for all candidates for	845
governor in the area at the preceding general election at which a	846
governor was elected, request the Board of County Commissioners to	847
submit this amendment of the zoning resolution to the electors of	848
............. Township residing within the unincorporated area of	849
the township included in the ............... County Zoning	850
Resolution, for approval or rejection at a special election to be	851
held on the day of the next primary or general election to be held	852
on ........(date)......., pursuant to section 303.12 of the	853
Revised Code.	854

	Street Address				Date of	855
Signature	or R.F.D.	Township	Precinct	County	Signing	856
	857
	858

STATEMENT OF CIRCULATOR	859

I, .....................(name of circulator)...................,	860
declare under penalty of election falsification that I am an	861
elector of the state of Ohio and reside at the address appearing	862
below my signature; that I am the circulator of the foregoing part	863
petition containing .....(number)....... signatures; that I have	864
witnessed the affixing of every signature; that all signers were	865
to the best of my knowledge and belief qualified to sign; and that	866
every signature is to the best of my knowledge and belief the	867
signature of the person whose signature it purports to be or of an	868
attorney in fact acting pursuant to section 3501.382 of the	869
Revised Code.	870

			871
	(Signature of circulator)		872
			873
	(Address of circulator's permanent		874
	residence in this state)		875
			876
	(City, village, or township,		877
	and zip code)		878

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	879
OF THE FIFTH DEGREE."	880

No amendment for which such a referendum vote has been	881
requested shall be put into effect unless a majority of the vote	882
cast on the issue is in favor of the amendment. Upon certification	883
by the board of elections that the amendment has been approved by	884
the voters, it shall take immediate effect.	885

Within five working days after an amendment's effective date,	886
the board of county commissioners shall file the text and maps of	887
the amendment in the office of the county recorder and with the	888
regional or county planning commission, if one exists.	889

The failure to file any amendment, or any text and maps, or	890
duplicates of any of these documents, with the office of the	891
county recorder or the county or regional planning commission as	892
required by this section does not invalidate the amendment and is	893
not grounds for an appeal of any decision of the board of zoning	894
appeals.	895

Sec. 303.25. In any township in which there is in force a	896
plan of county zoning, the plan may be repealed by the board of	897
county commissioners, as to such township, in the following	898
manner:	899

(A) The board may adopt a resolution upon its own initiative.

900

(B) The board shall adopt a resolution, if there is presented	901
to it a petition, similar in all relevant aspects to that	902
prescribed in section 303.12 of the Revised Code, signed by a	903
number of qualified voters residing in the unincorporated area of	904
such township included in the zoning plan equal to not less than	905
eight per cent of the total vote cast for all candidates for	906
governor in such area at the most recent general election at which	907
a governor was elected, requesting the question of whether or not	908
the plan of zoning in effect in such township shall be repealed,	909
to be submitted to the electors residing in the unincorporated	910
area of the township included in the zoning plan at a special	911
election to be held on the day of the next primary or general	912
election. The resolution adopted by the board of county	913
commissioners to cause such question to be submitted to the	914
electors shall be certified to the board of elections not later	915
than ~~seventy-five~~eighty-five days prior to the day of election at	916
which the question is to be voted upon. In the event a majority of	917
the vote cast on such question in the township is in favor of	918
repeal of zoning, then such regulations shall no longer be of any	919
effect. Not more than one such election shall be held in any two	920
calendar years.	921

Sec. 305.02. (A) If a vacancy in the office of county	922
commissioner, prosecuting attorney, county auditor, county	923
treasurer, clerk of the court of common pleas, sheriff, county	924
recorder, county engineer, or coroner occurs more than ~~forty~~fifty	925
days before the next general election for state and county	926
officers, a successor shall be elected at such election for the	927
unexpired term unless such term expires within one year	928
immediately following the date of such general election.	929

In either event, the vacancy shall be filled as provided in	930
this section and the appointee shall hold ~~his~~ office until a	931
successor is elected and qualified.	932

(B) If a vacancy occurs from any cause in any of the offices	933
named in division (A) of this section, the county central	934
committee of the political party with which the last occupant of	935
the office was affiliated shall appoint a person to hold the	936
office and to perform the duties thereof until a successor is	937
elected and has qualified, except that if such vacancy occurs	938
because of the death, resignation, or inability to take the office	939
of an officer-elect whose term has not yet begun, an appointment	940
to take such office at the beginning of the term shall be made by	941
the central committee of the political party with which such	942
officer-elect was affiliated.	943

(C) Not less than five nor more than forty-five days after a	944
vacancy occurs, the county central committee shall meet for the	945
purpose of making an appointment under this section. Not less than	946
four days before the date of such meeting the ~~chairman~~chairperson	947
or secretary of such central committee shall send by first class	948
mail to every member of such central committee a written notice	949
which shall state the time and place of such meeting and the	950
purpose thereof. A majority of the members of the central	951
committee present at such meeting may make the appointment.	952

(D) If the last occupant of the office or the officer-elect	953
was elected as an independent candidate, the board of county	954
commissioners shall make such appointment at the time when the	955
vacancy occurs, except where the vacancy is in the office of	956
county commissioner, in which case the prosecuting attorney and	957
the remaining commissioners or a majority of them shall make the	958
appointment.	959

(E) Appointments made under this section shall be certified	960
by the appointing county central committee or by the board of	961
county commissioners to the county board of elections and to the	962
secretary of state, and the persons so appointed and certified	963
shall be entitled to all remuneration provided by law for the	964
offices to which they are appointed.	965

(F) The board of county commissioners may appoint a person to	966
hold any of the offices named in division (A) of this section as	967
an acting officer and to perform the duties thereof between the	968
occurrence of the vacancy and the time when the officer appointed	969
by the central committee qualifies and takes the office.	970

(G) A person appointed prosecuting attorney or assistant	971
prosecuting attorney shall give bond and take the oath of office	972
prescribed by section 309.03 of the Revised Code for the	973
prosecuting attorney.	974

Sec. 305.31. The procedure for submitting to a referendum a	975
resolution adopted by a board of county commissioners under	976
division (H) of section 307.695 of the Revised Code that is not	977
submitted to the electors of the county for their approval or	978
disapproval; any resolution adopted by a board of county	979
commissioners pursuant to division (D)(1) of section 307.697,	980
section 322.02, 322.06, or 324.02, sections 1515.22 and 1515.24,	981
division (B)(1) of section 4301.421, section 4504.02, 5739.021, or	982
5739.026, division (A)(6) of section 5739.09, section 5741.021 or	983
5741.023, or division (C)(1) of section 5743.024 of the Revised	984
Code; or a rule adopted pursuant to section 307.79 of the Revised	985
Code shall be as prescribed by this section.	986

Except as otherwise provided in this paragraph, when a	987
petition, signed by ten per cent of the number of electors who	988
voted for governor at the most recent general election for the	989
office of governor in the county, is filed with the county auditor	990
within thirty days after the date the resolution is passed or rule	991
is adopted by the board of county commissioners, or is filed	992
within forty-five days after the resolution is passed, in the case	993
of a resolution adopted pursuant to section 5739.021 of the	994
Revised Code that is passed within one year after a resolution	995
adopted pursuant to that section has been rejected or repealed by	996
the electors, requesting that the resolution be submitted to the	997
electors of the county for their approval or rejection, the county	998
auditor shall, after ten days following the filing of the	999
petition, and not later than four p.m. of the ~~seventy-fifth~~	1000
eighty-fifth day before the day of election, transmit a certified	1001
copy of the text of the resolution or rule to the board of	1002
elections. In the case of a petition requesting that a resolution	1003
adopted under division (D)(1) of section 307.697, division (B)(1)	1004
of section 4301.421, or division (C)(1) of section 5743.024 of the	1005
Revised Code be submitted to electors for their approval or	1006
rejection, the petition shall be signed by seven per cent of the	1007
number of electors who voted for governor at the most recent	1008
election for the office of governor in the county. The county	1009
auditor shall transmit the petition to the board together with the	1010
certified copy of the resolution or rule. The board shall examine	1011
all signatures on the petition to determine the number of electors	1012
of the county who signed the petition. The board shall return the	1013
petition to the auditor within ten days after receiving it,	1014
together with a statement attesting to the number of such electors	1015
who signed the petition. The board shall submit the resolution or	1016
rule to the electors of the county, for their approval or	1017
rejection, at the succeeding general election held in the county	1018
in any year, or on the day of the succeeding primary election held	1019
in the county in even-numbered years, occurring subsequent to	1020
~~seventy-five~~eighty-five days after the auditor certifies the	1021
sufficiency and validity of the petition to the board of	1022
elections.	1023

No resolution shall go into effect until approved by the	1024
majority of those voting upon it. However, a rule shall take	1025
effect and remain in effect unless and until a majority of the	1026
electors voting on the question of repeal approve the repeal.	1027
Sections 305.31 to 305.41 of the Revised Code do not prevent a	1028
county, after the passage of any resolution or adoption of any	1029
rule, from proceeding at once to give any notice or make any	1030
publication required by the resolution or rule.	1031

The board of county commissioners shall make available to any	1032
person, upon request, a certified copy of any resolution or rule	1033
subject to the procedure for submitting a referendum under	1034
sections 305.31 to 305.42 of the Revised Code beginning on the	1035
date the resolution or rule is adopted by the board. The board may	1036
charge a fee for the cost of copying the resolution or rule.	1037

As used in this section, "certified copy" means a copy	1038
containing a written statement attesting that it is a true and	1039
exact reproduction of the original resolution or rule.	1040

Sec. 306.32. Any county, or any two or more counties,	1041
municipal corporations, or townships, or any combination of these,	1042
may create a regional transit authority by the adoption of a	1043
resolution or ordinance by the board of county commissioners of	1044
each county, the legislative authority of each municipal	1045
corporation, and the board of township trustees of each township	1046
which is to create or to join in the creation of the regional	1047
transit authority. The resolution or ordinance shall state:	1048

(A) The necessity for the creation of a regional transit	1049
authority;	1050

(B) The counties, municipal corporations, or townships which	1051
are to create or to join in the creation of the regional transit	1052
authority;	1053

(C) The official name by which the regional transit authority	1054
shall be known;	1055

(D) The place in which the principal office of the regional	1056
transit authority will be located or the manner in which it may be	1057
selected;	1058

(E) The number, term, and compensation, or method for	1059
establishing compensation, of the members of the board of trustees	1060
of the regional transit authority. Compensation shall not exceed	1061
fifty dollars for each board and committee meeting attended by a	1062
member, except that if compensation is provided annually it shall	1063
not exceed six thousand dollars for the president of the board or	1064
four thousand eight hundred dollars for each other board member.	1065

(F) The manner in which vacancies on the board of trustees of	1066
the regional transit authority shall be filled;	1067

(G) The manner and to what extent the expenses of the	1068
regional transit authority shall be apportioned among the	1069
counties, municipal corporations, and townships creating it;	1070

(H) The purposes, including the kinds of transit facilities,	1071
for which the regional transit authority is organized.	1072

The regional transit authority provided for in the resolution	1073
or ordinance shall be deemed to be created upon the adoption of	1074
the resolution or ordinance by the board of county commissioners	1075
of each county, the legislative authority of each municipal	1076
corporation, and the board of township trustees of each township	1077
enumerated in the resolution or ordinance.	1078

The resolution or ordinance creating a regional transit	1079
authority may be amended to include additional counties, municipal	1080
corporations, or townships or for any other purpose, by the	1081
adoption of the amendment by the board of county commissioners of	1082
each county, the legislative authority of each municipal	1083
corporation, and the board of township trustees of each township	1084
which has created or joined or proposes to join the regional	1085
transit authority.	1086

After each county, municipal corporation, and township which	1087
has created or joined or proposes to join the regional transit	1088
authority has adopted its resolution or ordinance approving	1089
inclusion of additional counties, municipal corporations, or	1090
townships in the regional transit authority, a copy of each	1091
resolution or ordinance shall be filed with the clerk of the board	1092
of the county commissioners of each county, the clerk of the	1093
legislative authority of each municipal corporation, and the	1094
fiscal officer of the board of trustees of each township proposed	1095
to be included in the regional transit authority. The inclusion is	1096
effective when all such filing has been completed, unless the	1097
regional transit authority to which territory is to be added has	1098
authority to levy an ad valorem tax on property, or a sales tax,	1099
within its territorial boundaries, in which event the inclusion	1100
shall become effective on the sixtieth day after the last such	1101
filing is accomplished, unless, prior to the expiration of the	1102
sixty-day period, qualified electors residing in the area proposed	1103
to be added to the regional transit authority, equal in number to	1104
at least ten per cent of the qualified electors from the area who	1105
voted for governor at the last gubernatorial election, file a	1106
petition of referendum against the inclusion. Any petition of	1107
referendum filed under this section shall be filed at the office	1108
of the secretary of the board of trustees of the regional transit	1109
authority. The person presenting the petition shall be given a	1110
receipt containing on it the time of the day, the date, and the	1111
purpose of the petition. The secretary of the board of trustees of	1112
the regional transit authority shall cause the appropriate board	1113
or boards of elections to check the sufficiency of signatures on	1114
any petition of referendum filed under this section and, if found	1115
to be sufficient, shall present the petition to the board of	1116
trustees at a meeting of said board which occurs not later than	1117
thirty days following the filing of said petition. Upon	1118
presentation to the board of trustees of a petition of referendum	1119
against the proposed inclusion, the board of trustees shall	1120
promptly certify the proposal to the board or boards of elections	1121
for the purpose of having the proposal placed on the ballot at the	1122
next general or primary election which occurs not less than	1123
~~seventy-five~~eighty-five days after the date of the meeting of	1124
said board, or at a special election, the date of which shall be	1125
specified in the certification, which date shall be not less than	1126
~~seventy-five~~eighty-five days after the date of such meeting of	1127
the board. Signatures on a petition of referendum may be withdrawn	1128
up to and including the meeting of the board of trustees	1129
certifying the proposal to the appropriate board or boards of	1130
elections. If territory of more than one county, municipal	1131
corporation, or township is to be added to the regional transit	1132
authority, the electors of the territories of the counties,	1133
municipal corporations, or townships which are to be added shall	1134
vote as a district, and the majority affirmative vote shall be	1135
determined by the vote cast in the district as a whole. Upon	1136
certification of a proposal to the appropriate board or boards of	1137
elections pursuant to this section, the board or boards of	1138
election shall make the necessary arrangements for the submission	1139
of the question to the electors of the territory to be added to	1140
the regional transit authority qualified to vote on the question,	1141
and the election shall be held, canvassed, and certified in the	1142
manner provided for the submission of tax levies under section	1143
5705.191 of the Revised Code, except that the question appearing	1144
on the ballot shall read:	1145

"Shall the territory within the .........................	1146
(Name or names of political subdivisions to be joined) be added to	1147
.................................. (Name) regional transit	1148
authority?" and shall a(n) .......... (here insert type of tax or	1149
taxes) at a rate of taxation not to exceed ..... (here insert	1150
maximum tax rate or rates) be levied for all transit purposes?"	1151

If the question is approved by at least a majority of the	1152
electors voting on the question, the joinder is immediately	1153
effective, and the regional transit authority may extend the levy	1154
of the tax against all the taxable property within the territory	1155
which has been added. If the question is approved at a general	1156
election or at a special election occurring prior to the general	1157
election but after the fifteenth day of July, the regional transit	1158
authority may amend its budget and resolution adopted pursuant to	1159
section 5705.34 of the Revised Code, and the levy shall be placed	1160
on the current tax list and duplicate and collected as other taxes	1161
are collected from all taxable property within the territorial	1162
boundaries of the regional transit authority, including the	1163
territory within each political subdivision added as a result of	1164
the election.	1165

The territorial boundaries of a regional transit authority	1166
shall be coextensive with the territorial boundaries of the	1167
counties, municipal corporations, and townships included within	1168
the regional transit authority, provided that the same area may be	1169
included in more than one regional transit authority so long as	1170
the regional transit authorities are not organized for purposes as	1171
provided for in the resolutions or ordinances creating the same,	1172
and any amendments to them, relating to the same kinds of transit	1173
facilities; and provided further, that if a regional transit	1174
authority includes only a portion of an entire county, a regional	1175
transit authority for the same purposes may be created in the	1176
remaining portion of the same county by resolution of the board of	1177
county commissioners acting alone or in conjunction with municipal	1178
corporations and townships as provided in this section.	1179

No regional transit authority shall be organized after	1180
January 1, 1975, to include any area already included in a	1181
regional transit authority, except that any regional transit	1182
authority organized after June 29, 1974, and having territorial	1183
boundaries entirely within a single county shall, upon adoption by	1184
the board of county commissioners of the county of a resolution	1185
creating a regional transit authority including within its	1186
territorial jurisdiction the existing regional transit authority	1187
and for purposes including the purposes for which the existing	1188
regional transit authority was created, be dissolved and its	1189
territory included in such new regional transit authority. Any	1190
resolution creating such a new regional transit authority shall	1191
make adequate provision for satisfaction of the obligations of the	1192
dissolved regional transit authority.	1193

Sec. 306.321. The resolution or ordinance creating a	1194
regional transit authority may be amended to include additional	1195
counties, municipal corporations, or townships by the adoption of	1196
an amendment by the board of county commissioners of each county,	1197
the legislative authority of each municipal corporation, and the	1198
board of township trustees of each township which has created or,	1199
prior to the adoption of the amendment, joined or proposes to join	1200
the regional transit authority.	1201

After each county, municipal corporation, and township which	1202
has created or, prior to the adoption of the amendment, joined or	1203
proposes to join the regional transit authority has adopted its	1204
resolution or ordinance approving inclusion of additional	1205
counties, municipal corporations, or townships in the regional	1206
transit authority, a copy of each resolution or ordinance shall be	1207
filed with the clerk of the board of the county commissioners of	1208
each county, the clerk of the legislative authority of each	1209
municipal corporation, and the fiscal officer of the board of	1210
trustees of each township proposed to be included in the regional	1211
transit authority.	1212

Any ordinances or resolutions adopted pursuant to this	1213
section approving inclusion of additional counties, municipal	1214
corporations, or townships in the regional transit authority shall	1215
provide that the board of trustees of the regional transit	1216
authority must, not later than the tenth day following the day on	1217
which the filing of the ordinances or resolutions, as required by	1218
the immediately preceding paragraph, is completed, adopt its	1219
resolution providing for submission to the electors of the	1220
regional transit authority as enlarged, of the question pursuant	1221
to section 306.49 of the Revised Code, of the renewal, the renewal	1222
and increase, or the increase of, or the imposition of an	1223
additional, ad valorem tax, or of the question pursuant to section	1224
306.70 of the Revised Code, of the renewal, the renewal and	1225
increase, or the increase of, or the imposition of an additional,	1226
sales and use tax. The resolution submitting the question of the	1227
tax shall specify the date of the election, which shall be not	1228
less than ~~seventy-five~~eighty-five days after certification of the	1229
resolution to the board of elections and which shall be consistent	1230
with the requirements of section 3501.01 of the Revised Code. The	1231
inclusion of the territory of the additional counties, municipal	1232
corporations, or townships in the regional transit authority shall	1233
be effective as of the date on which the resolution of the board	1234
of trustees of the regional transit authority is adopted	1235
submitting the question to the electors, provided that until the	1236
question is approved, existing contracts providing payment for	1237
transit services within the added territory shall remain in effect	1238
and transit services shall not be affected by the inclusion of the	1239
additional territory. The resolution shall be certified to the	1240
board of elections and the election shall be held, canvassed, and	1241
certified as provided in section 306.49 of the Revised Code in the	1242
case of an ad valorem tax or in section 306.70 of the Revised Code	1243
in the case of a sales and use tax.	1244

If the question of the tax which is submitted is not approved	1245
by a majority of the electors of the enlarged regional transit	1246
authority voting on the question, as of the day following the day	1247
on which the results of the election become conclusive, the	1248
additional counties, municipal corporations, or townships, which	1249
had been included in the regional transit authority as of the date	1250
of the adoption of the resolution submitting to the electors the	1251
question, shall be removed from the territory of the regional	1252
transit authority and shall no longer be a part of that authority	1253
without any further action by either the political subdivisions	1254
which were included in the authority prior to the adoption of the	1255
resolution submitting the question to the electors or of the	1256
political subdivisions added to the authority as a result of the	1257
adoption of the resolution. The regional transit authority reduced	1258
to its territory as it existed prior to the inclusion of the	1259
additional counties, municipal corporations, or townships, shall	1260
be entitled to levy and collect any ad valorem or sales and use	1261
taxes which it was authorized to levy and collect prior to the	1262
enlargement of its territory and for which authorization has not	1263
expired, as if the enlargement had not occurred.	1264

If the question of the tax which is submitted provides for a	1265
sales and use tax to be imposed and the question is approved, and	1266
the regional transit authority had previously been authorized	1267
pursuant to section 306.49 of the Revised Code to levy an ad	1268
valorem tax, the regional transit authority shall appropriate from	1269
the first moneys received from the sales and use tax in each year,	1270
the full amount required in order to pay the principal of and	1271
interest on any notes of the regional transit authority issued	1272
pursuant to section 306.49 of the Revised Code, in anticipation of	1273
the collection of the ad valorem tax; and shall not thereafter	1274
levy and collect the ad valorem tax previously approved unless the	1275
levy and collection is necessary to pay the principal of and	1276
interest on notes issued in anticipation of the tax in order to	1277
avoid impairing the obligation of the contract between the	1278
regional transit authority and the note holders.	1279

If the question of the additional or renewal tax levy is	1280
approved, the tax may be levied and collected as is otherwise	1281
provided for an ad valorem tax or a sales and use tax imposed by a	1282
regional transit authority, provided that if a question relating	1283
to an ad valorem tax is approved at the general election or at a	1284
special election occurring prior to a general election, but after	1285
the fifteenth day of July, the regional transit authority may	1286
amend its budget for its next fiscal year and its resolution	1287
adopted pursuant to section 5705.34 of the Revised Code or adopt	1288
such resolution, and the levy shall be placed on the current tax	1289
list and duplicate and collected as all other taxes are collected	1290
from all taxable property within the enlarged territory of the	1291
regional transit authority including the territory within each	1292
political subdivision which has been added to the regional transit	1293
authority pursuant to this section, provided further that if a	1294
question relating to sales and use tax is approved after the	1295
fifteenth day of July in any calendar year, the regional transit	1296
authority may amend its budget for the current and next fiscal	1297
year and any resolution adopted pursuant to section 5705.34 of the	1298
Revised Code, to reflect the imposition of the sales and use tax	1299
and shall amend its budget for the next fiscal year and any	1300
resolution adopted pursuant to section 5705.34 of the Revised Code	1301
to comply with the immediately preceding paragraph. If the budget	1302
of the regional transit authority is amended pursuant to this	1303
paragraph, the county auditor shall prepare and deliver an amended	1304
certificate of estimated resources to reflect the change in	1305
anticipated revenues of the regional transit authority.	1306

The procedures of this section are in addition to and an	1307
alternative to those established in section 306.32 of the Revised	1308
Code for joining to a regional transit authority additional	1309
counties, municipal corporations, or townships.	1310

Sec. 306.70. A tax proposed to be levied by a board of	1311
county commissioners or by the board of trustees of a regional	1312
transit authority pursuant to sections 5739.023 and 5741.022 of	1313
the Revised Code shall not become effective until it is submitted	1314
to the electors residing within the county or within the	1315
territorial boundaries of the regional transit authority and	1316
approved by a majority of the electors voting on it. Such question	1317
shall be submitted at a general election or at a special election	1318
on a day specified in the resolution levying the tax and occurring	1319
not less than ~~seventy-five~~eighty-five days after such resolution	1320
is certified to the board of elections, in accordance with section	1321
3505.071 of the Revised Code.	1322

The board of elections of the county or of each county in	1323
which any territory of the regional transit authority is located	1324
shall make the necessary arrangements for the submission of such	1325
question to the electors of the county or regional transit	1326
authority, and the election shall be held, canvassed, and	1327
certified in the same manner as regular elections for the election	1328
of county officers. Notice of the election shall be published in	1329
one or more newspapers which in the aggregate are of general	1330
circulation in the territory of the county or of the regional	1331
transit authority once a week for two consecutive weeks prior to	1332
the election and, if the board of elections operates and maintains	1333
a web site, notice of the election also shall be posted on that	1334
web site for thirty days prior to the election. The notice shall	1335
state the type, rate, and purpose of the tax to be levied, the	1336
length of time during which the tax will be in effect, and the	1337
time and place of the election.	1338

More than one such question may be submitted at the same	1339
election. The form of the ballots cast at such election shall be:	1340

"Shall a(n) ................ (sales and use) .............	1341
tax be levied for all transit purposes of the ..................	1342
(here insert name of the county or regional transit authority) at	1343
a rate not exceeding ................... (here insert percentage)	1344
per cent for ................ (here insert number of years the tax	1345
is to be in effect, or that it is to be in effect for a continuing	1346
period of time)?"	1347

If the tax proposed to be levied is a continuation of an	1348
existing tax, whether at the same rate or at an increased or	1349
reduced rate, or an increase in the rate of an existing tax, the	1350
notice and ballot form shall so state.	1351

The board of elections to which the resolution was certified	1352
shall certify the results of the election to the county auditor of	1353
the county or secretary-treasurer of the regional transit	1354
authority levying the tax and to the tax commissioner of the	1355
state.	1356

Sec. 306.71. The question of the decrease of the rate of a	1357
tax approved for a continuing period of time by the voters of a	1358
county or regional transit authority pursuant to sections 5739.023	1359
and 5741.022 of the Revised Code may be initiated by the filing of	1360
a petition with the board of elections of the county, or in the	1361
case of a regional transit authority with the board of elections	1362
as determined pursuant to section 3505.071 of the Revised Code,	1363
prior to the ~~seventy-fifth~~eighty-fifth day before the general	1364
election in any year requesting that an election be held on such	1365
question. Such petition shall state the amount of the proposed	1366
decrease in the rate of the tax and shall be signed by at least	1367
ten per cent of the number of qualified electors residing in such	1368
county, or in the territory of the regional transit authority, who	1369
voted at the last general election.	1370

After determination by it that such petition is valid, the	1371
board of elections shall submit the question to the electors of	1372
the county or regional transit authority at the succeeding general	1373
election. The election shall be conducted, notice thereof shall be	1374
given, and the results thereof shall be certified in the manner	1375
provided in section 306.70 of the Revised Code. If a majority of	1376
the qualified electors voting on such question approve the	1377
proposed decrease in rate, such decrease in rate shall become	1378
effective on the first day of the second January after such	1379
election.	1380

In any case where bonds, or notes in anticipation of bonds,	1381
of a regional transit authority have been issued under section	1382
306.40 of the Revised Code without a vote of the electors while	1383
the tax proposed to be reduced was in effect, the board of	1384
trustees of the regional transit authority shall continue to levy	1385
and collect under authority of the original election authorizing	1386
the tax a rate of tax in each year which the authority reasonably	1387
estimates will produce an amount in that year equal to the amount	1388
of principal of and interest on such bonds as is payable in that	1389
year.	1390

Sec. 307.676. (A) As used in this section:

1391

(1) "Food and beverages" means any raw, cooked, or processed	1392
edible substance used or intended for use in whole or in part for	1393
human consumption, including ice, water, spirituous liquors, wine,	1394
mixed beverages, beer, soft drinks, soda, and other beverages.	1395

(2) "Convention facilities authority" has the same meaning as	1396
in section 351.01 of the Revised Code.	1397

(3) "Convention center" has the same meaning as in section	1398
307.695 of the Revised Code.	1399

(B) The legislative authority of a county with a population	1400
of one million or more according to the most recent federal	1401
decennial census may, by resolution adopted on or before August	1402
30, 2004, by a majority of the members of the legislative	1403
authority and with the subsequent approval of a majority of the	1404
electors of the county voting upon it, levy a tax of not more than	1405
two per cent on every retail sale in the county of food and	1406
beverages to be consumed on the premises where sold to pay the	1407
expenses of administering the tax and to provide revenues for the	1408
county general fund. Such resolution shall direct the board of	1409
elections to submit the question of levying the tax to the	1410
electors of the county at the next primary or general election in	1411
the county occurring not less than ~~seventy-five~~eighty-five days	1412
after the resolution is certified to the board of elections, and	1413
such resolution may further direct the board of elections to	1414
include upon the ballot submitted to the electors any specific	1415
purposes for which the tax will be used. The legislative authority	1416
shall establish all regulations necessary to provide for the	1417
administration and allocation of the tax. The regulations may	1418
prescribe the time for payment of the tax and may provide for	1419
imposition of a penalty, interest, or both for late payments,	1420
provided that any such penalty may not exceed ten per cent of the	1421
amount of tax due and the rate at which interest accrues may not	1422
exceed the rate per annum required under section 5703.47 of the	1423
Revised Code.	1424

(C) A tax levied under this section shall remain in effect	1425
for the period of time specified in the resolution or ordinance	1426
levying the tax, but in no case for a longer period than forty	1427
years.	1428

(D) A tax levied under this section is in addition to any	1429
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	1430
or any other chapter of the Revised Code. "Price," as defined in	1431
sections 5739.01 and 5741.01 of the Revised Code, does not include	1432
any tax levied under this section and any tax levied under this	1433
section does not include any tax imposed under Chapter 5739. or	1434
5741. of the Revised Code.	1435

(E)(1) No amount collected from a tax levied under this	1436
section shall be contributed to a convention facilities authority,	1437
corporation, or other entity created after July 1, 2003, for the	1438
principal purpose of constructing, improving, expanding,	1439
equipping, financing, or operating a convention center unless the	1440
mayor of the municipal corporation in which the convention center	1441
is to be operated by that convention facilities authority,	1442
corporation, or other entity has consented to the creation of that	1443
convention facilities authority, corporation, or entity.	1444
Notwithstanding any contrary provision of section 351.04 of the	1445
Revised Code, if a tax is levied by a county under this section,	1446
the board of county commissioners of that county may determine the	1447
manner of selection, the qualifications, the number, and terms of	1448
office of the members of the board of directors of any convention	1449
facilities authority, corporation, or other entity described in	1450
division (E)(1) of this section.	1451

(2)(a) No amount collected from a tax levied under this	1452
section may be used for any purpose other than paying the direct	1453
and indirect costs of constructing, improving, expanding,	1454
equipping, financing, or operating a convention center and for the	1455
real and actual costs of administering the tax, unless, prior to	1456
the adoption of the resolution of the legislative authority of the	1457
county directing the board of elections to submit the question of	1458
the levy, extension, or increase to the electors of the county,	1459
the county and the mayor of the most populous municipal	1460
corporation in that county have entered into an agreement as to	1461
the use of such amounts, provided that such agreement has been	1462
approved by a majority of the mayors of the other municipal	1463
corporations in that county. The agreement shall provide that the	1464
amounts to be used for purposes other than paying the convention	1465
center or administrative costs described in division (E)(2)(a) of	1466
this section be used only for the direct and indirect costs of	1467
capital improvements in accordance with the agreement, including	1468
the financing of capital improvements. Immediately following the	1469
execution of the agreement, the county shall:	1470

(i) In accordance with section 7.12 of the Revised Code,	1471
cause the agreement to be published at least once in a newspaper	1472
of general circulation in that county; or	1473

(ii) Post the agreement in at least five public places in the	1474
county, as determined by the legislative authority, for a period	1475
not less than fifteen days.	1476

(b) If the county in which the tax is levied has an	1477
association of mayors and city managers, the approval of that	1478
association of an agreement described in division (E)(2)(a) of	1479
this section shall be considered to be the approval of the	1480
majority of the mayors of the other municipal corporations for	1481
purposes of that division.	1482

(F) Each year, the auditor of state shall conduct an audit of	1483
the uses of any amounts collected from taxes levied under this	1484
section and shall prepare a report of the auditor of state's	1485
findings. The auditor of state shall submit the report to the	1486
legislative authority of the county that has levied the tax, the	1487
speaker of the house of representatives, the president of the	1488
senate, and the leaders of the minority parties of the house of	1489
representatives and the senate.	1490

(G) The levy of any taxes under Chapter 5739. of the Revised	1491
Code on the same transactions subject to a tax under this section	1492
does not prevent the levy of a tax under this section.	1493

Sec. 307.677. (A) As used in this section:

1494

(1) "Food and beverages" means any raw, cooked, or processed	1495
edible substance used or intended for use in whole or in part for	1496
human consumption, including ice, water, spirituous liquors, wine,	1497
mixed beverages, beer, soft drinks, soda, and other beverages.	1498

(2) "Convention facilities authority" has the same meaning as	1499
in section 351.01 of the Revised Code.	1500

(3) "Convention center" has the same meaning as in section	1501
307.695 of the Revised Code.	1502

(B) The legislative authority of a county with a population	1503
of one million two hundred thousand or more according to the most	1504
recent federal decennial census or the most recent annual	1505
population estimate published or released by the United States	1506
census bureau at the time the resolution is adopted placing the	1507
levy on the ballot, may, by resolution adopted on or before July	1508
1, 2008, by a majority of the members of the legislative authority	1509
and with the subsequent approval of a majority of the electors of	1510
the county voting upon it, levy a tax of not more than two per	1511
cent on every retail sale in the county of food and beverages to	1512
be consumed on the premises where sold to pay the expenses of	1513
administering the tax and to provide revenues for paying the	1514
direct and indirect costs of constructing, improving, expanding,	1515
equipping, financing, or operating a convention center. The	1516
resolution shall direct the board of elections to submit the	1517
question of levying the tax to the electors of the county at the	1518
next primary or general election in the county occurring not less	1519
than ~~seventy-five~~eighty-five days after the resolution is	1520
certified to the board of elections. The legislative authority	1521
shall establish all rules necessary to provide for the	1522
administration and allocation of the tax. The rules may prescribe	1523
the time for payment of the tax and may provide for imposition of	1524
a penalty, interest, or both for late payments, but any such	1525
penalty shall not exceed ten per cent of the amount of tax due and	1526
the rate at which interest accrues shall not exceed the rate per	1527
annum required under section 5703.47 of the Revised Code.	1528

(C) A tax levied under this section shall remain in effect	1529
for the period of time specified in the resolution or ordinance	1530
levying the tax, but not for a longer period than forty years.	1531

(D) A tax levied under this section is in addition to any	1532
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	1533
or any other chapter of the Revised Code. "Price," as defined in	1534
sections 5739.01 and 5741.01 of the Revised Code, does not include	1535
any tax levied under this section and any tax levied under this	1536
section does not include any tax imposed under Chapter 5739. or	1537
5741. of the Revised Code.	1538

(E) Any amount collected from a tax levied under this section	1539
may be contributed to a convention facilities authority created	1540
before July 1, 2005, but no amount collected from a tax levied	1541
under this section may be contributed to a convention facilities	1542
authority, corporation, or other entity created after July 1,	1543
2005, unless the mayor of the municipal corporation in which the	1544
convention center is to be operated by that convention facilities	1545
authority, corporation, or other entity has consented to the	1546
creation of that convention facilities authority, corporation, or	1547
entity.	1548

(F) The levy of any taxes under Chapter 5739. of the Revised	1549
Code on the same transactions subject to a tax under this section	1550
does not prevent the levy of a tax under this section.	1551

Sec. 307.695. (A) As used in this section:

1552

(1) "Arena" means any structure designed and constructed for	1553
the purpose of providing a venue for public entertainment and	1554
recreation by the presentation of concerts, sporting and athletic	1555
events, and other events and exhibitions, including facilities	1556
intended to house or provide a site for one or more athletic or	1557
sports teams or activities, spectator facilities, parking	1558
facilities, walkways, and auxiliary facilities, real and personal	1559
property, property rights, easements, leasehold estates, and	1560
interests that may be appropriate for, or used in connection with,	1561
the operation of the arena.	1562

(2) "Convention center" means any structure expressly	1563
designed and constructed for the purposes of presenting	1564
conventions, public meetings, and exhibitions and includes parking	1565
facilities that serve the center and any personal property used in	1566
connection with any such structure or facilities.	1567

(3) "Eligible county" means a county having a population of	1568
at least four hundred thousand but not more than eight hundred	1569
thousand according to the 2000 federal decennial census and that	1570
directly borders the geographic boundaries of another state.	1571

(4) "Entity" means a nonprofit corporation, a municipal	1572
corporation, a port authority created under Chapter 4582. of the	1573
Revised Code, or a convention facilities authority created under	1574
Chapter 351. of the Revised Code.	1575

(5) "Lodging taxes" means excise taxes levied under division	1576
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and	1577
the revenues arising therefrom.	1578

(6) "Nonprofit corporation" means a nonprofit corporation	1579
that is organized under the laws of this state and that includes	1580
within the purposes for which it is incorporated the authorization	1581
to lease and operate facilities such as a convention center or an	1582
arena or a combination of an arena and convention center.	1583

(7) "Project" means acquiring, constructing, reconstructing,	1584
renovating, rehabilitating, expanding, adding to, equipping,	1585
furnishing or otherwise improving an arena, a convention center,	1586
or a combination of an arena and convention center. For purposes	1587
of this section, a project is a permanent improvement for one	1588
purpose under Chapter 133. of the Revised Code.	1589

(8) "Project revenues" means money received by a county with	1590
a population greater than four hundred thousand wherein the	1591
population of the largest city comprises more than one-third of	1592
that county's population, other than money from taxes or from	1593
the proceeds of securities secured by taxes, in connection with,	1594
derived from, related to, or resulting from a project,	1595
including, but not limited to, rentals and other payments	1596
received under a lease or agreement with respect to the project,	1597
ticket charges or surcharges for admission to events at a	1598
project, charges or surcharges for parking for events at a	1599
project, charges for the use of a project or any portion of a	1600
project, including suites and seating rights, the sale of naming	1601
rights for the project or a portion of the project, unexpended	1602
proceeds of any county revenue bonds issued for the project, and	1603
any income and profit from the investment of the proceeds of any	1604
such revenue bonds or any project revenues.	1605

(9) "Chapter 133. securities," "debt charges," "general	1606
obligation," "legislation," "one purpose," "outstanding,"	1607
"permanent improvement," "person," and "securities" have the	1608
meanings given to those terms in section 133.01 of the Revised	1609
Code.	1610

(B) A board of county commissioners may enter into an	1611
agreement with a convention and visitors' bureau operating in the	1612
county under which:	1613

(1) The bureau agrees to construct and equip a convention	1614
center in the county and to pledge and contribute from the tax	1615
revenues received by it under division (A) of section 5739.09 of	1616
the Revised Code, not more than such portion thereof that it is	1617
authorized to pledge and contribute for the purpose described in	1618
division (C) of this section; and	1619

(2) The board agrees to levy a tax under division (C) of	1620
section 5739.09 of the Revised Code and pledge and contribute the	1621
revenues therefrom for the purpose described in division (C) of	1622
this section.	1623

(C) The purpose of the pledges and contributions described in	1624
divisions (B)(1) and (2) of this section is payment of principal,	1625
interest, and premium, if any, on bonds and notes issued by or for	1626
the benefit of the bureau to finance the construction and	1627
equipping of a convention center. The pledges and contributions	1628
provided for in the agreement shall be for the period stated in	1629
the agreement. Revenues determined from time to time by the board	1630
to be needed to cover the real and actual costs of administering	1631
the tax imposed by division (C) of section 5739.09 of the Revised	1632
Code may not be pledged or contributed. The agreement shall	1633
provide that any such bonds and notes shall be secured by a trust	1634
agreement between the bureau or other issuer acting for the	1635
benefit of the bureau and a corporate trustee that is a trust	1636
company or bank having the powers of a trust company within or	1637
without the state, and the trust agreement shall pledge or assign	1638
to the retirement of the bonds or notes, all moneys paid by the	1639
county under this section. A tax the revenues from which are	1640
pledged under an agreement entered into by a board of county	1641
commissioners under this section shall not be subject to	1642
diminution by initiative or referendum, or diminution by statute,	1643
unless provision is made therein for an adequate substitute	1644
therefor reasonably satisfactory to the trustee under the trust	1645
agreement that secures the bonds and notes.	1646

(D) A pledge of money by a county under division (B) of this	1647
section shall not be indebtedness of the county for purposes of	1648
Chapter 133. of the Revised Code.	1649

(E) If the terms of the agreement so provide, the board of	1650
county commissioners may acquire and lease real property to the	1651
convention bureau as the site of the convention center. The lease	1652
shall be on such terms as are set forth in the agreement. The	1653
purchase and lease are not subject to the limitations of sections	1654
307.02 and 307.09 of the Revised Code.	1655

(F) In addition to the authority granted to a board of county	1656
commissioners under divisions (B) to (E) of this section, a board	1657
of county commissioners in a county with a population of one	1658
million two hundred thousand or more, or a county with a	1659
population greater than four hundred thousand wherein the	1660
population of the largest city comprises more than one-third of	1661
that county's population, may purchase, for cash or by installment	1662
payments, enter into lease-purchase agreements for, lease with an	1663
option to purchase, lease, construct, enlarge, improve, rebuild,	1664
equip, or furnish a convention center.	1665

(G) The board of county commissioners of a county with a	1666
population greater than four hundred thousand wherein the	1667
population of the largest city comprises more than one-third of	1668
that county's population may undertake, finance, operate, and	1669
maintain a project. The board may lease a project to an entity on	1670
terms that the board determines to be in the best interest of the	1671
county and in furtherance of the public purpose of the project;	1672
the lease may be for a term of thirty-five years or less and may	1673
provide for an option of the entity to renew the lease for a term	1674
of thirty-five years or less. The board may enter into an	1675
agreement with an entity with respect to a project on terms that	1676
the board determines to be in the best interest of the county and	1677
in furtherance of the public purpose of the project. To the extent	1678
provided for in an agreement or a lease with an entity, the board	1679
may authorize the entity to administer on behalf of the board any	1680
contracts for the project. The board may enter into an agreement	1681
providing for the sale to a person of naming rights to a project	1682
or portion of a project, for a period, for consideration, and on	1683
other terms and conditions that the board determines to be in the	1684
best interest of the county and in furtherance of the public	1685
purpose of the project. The board may enter into an agreement with	1686
a person owning or operating a professional athletic or sports	1687
team providing for the use by that person of a project or portion	1688
of a project for that team's offices, training, practices, and	1689
home games for a period, for consideration, and on other terms and	1690
conditions that the board determines to be in the best interest of	1691
the county and in furtherance of the public purpose of the	1692
project. The board may establish ticket charges or surcharges for	1693
admission to events at a project, charges or surcharges for	1694
parking for events at a project, and charges for the use of a	1695
project or any portion of a project, including suites and seating	1696
rights, and may, as necessary, enter into agreements related	1697
thereto with persons for a period, for consideration, and on other	1698
terms and conditions that the board determines to be in the best	1699
interest of the county and in furtherance of the public purpose of	1700
the project. A lease or agreement authorized by this division is	1701
not subject to sections 307.02, 307.09, and 307.12 of the Revised	1702
Code.	1703

(H) Notwithstanding any contrary provision in Chapter 5739.	1704
of the Revised Code, after adopting a resolution declaring it to	1705
be in the best interest of the county to undertake a project as	1706
described in division (G) of this section, the board of county	1707
commissioners of an eligible county may adopt a resolution	1708
enacting or increasing any lodging taxes within the limits	1709
specified in Chapter 5739. of the Revised Code with respect to	1710
those lodging taxes and amending any prior resolution under which	1711
any of its lodging taxes have been imposed in order to provide	1712
that those taxes, after deducting the real and actual costs of	1713
administering the taxes and any portion of the taxes returned to	1714
any municipal corporation or township as provided in division	1715
(A)(1) of section 5739.09 of the Revised Code, shall be used by	1716
the board for the purposes of undertaking, financing, operating,	1717
and maintaining the project, including paying debt charges on any	1718
securities issued by the board under division (I) of this section,	1719
or to make contributions to the convention and visitors' bureau	1720
operating within the county, or to promote, advertise, and market	1721
the region in which the county is located, all as the board may	1722
determine and make appropriations for from time to time, subject	1723
to the terms of any pledge to the payment of debt charges on	1724
outstanding general obligation securities or special obligation	1725
securities authorized under division (I) of this section. A	1726
resolution adopted under division (H) of this section shall be	1727
adopted not earlier than January 15, 2007, and not later than	1728
January 15, 2008.	1729

A resolution adopted under division (H) of this section may	1730
direct the board of elections to submit the question of enacting	1731
or increasing lodging taxes, as the case may be, to the electors	1732
of the county at a special election held on the date specified by	1733
the board in the resolution, provided that the election occurs not	1734
less than ~~seventy-five~~eighty-five days after a certified copy of	1735
the resolution is transmitted to the board of elections and no	1736
later than January 15, 2008. A resolution submitted to the	1737
electors under this division shall not go into effect unless it	1738
is approved by a majority of those voting upon it. A resolution	1739
adopted under division (H) of this section that is not submitted	1740
to the electors of the county for their approval or disapproval	1741
is subject to a referendum as provided in sections 305.31 to	1742
305.41 of the Revised Code.	1743

A resolution adopted under division (H) of this section takes	1744
effect upon its adoption, unless the resolution is submitted to	1745
the electors of the county for their approval or disapproval, in	1746
which case the resolution takes effect on the date the board of	1747
county commissioners receives notification from the board of	1748
elections of the affirmative vote. Lodging taxes received after	1749
the effective date of the resolution may be used for the purposes	1750
described in division (H) of this section, except that lodging	1751
taxes that have been pledged to the payment of debt charges on any	1752
bonds or notes issued by or for the benefit of a convention and	1753
visitors' bureau under division (C) of this section shall be used	1754
exclusively for that purpose until such time as the bonds or notes	1755
are no longer outstanding under the trust agreement securing those	1756
bonds or notes.	1757

(I)(1) The board of county commissioners of a county with a	1758
population greater than four hundred thousand wherein the	1759
population of the largest city comprises more than one-third of	1760
that county's population may issue the following securities of	1761
the county for the purpose of paying costs of the project,	1762
refunding any outstanding county securities issued for that	1763
purpose, refunding any outstanding bonds or notes issued by or	1764
for the benefit of the bureau under division (C) of this	1765
section, or for any combination of those purposes:	1766

(a) General obligation securities issued under Chapter 133.	1767
of the Revised Code. The resolution authorizing these securities	1768
may include covenants to appropriate annually from lawfully	1769
available lodging taxes, and to continue to levy and collect those	1770
lodging taxes in, amounts necessary to meet the debt charges on	1771
those securities.	1772

(b) Special obligation securities issued under Chapter 133.	1773
of the Revised Code that are secured only by lawfully available	1774
lodging taxes and any other taxes and revenues pledged to pay the	1775
debt charges on those securities, except ad valorem property	1776
taxes. The resolution authorizing those securities shall include	1777
a pledge of and covenants to appropriate annually from lawfully	1778
available lodging taxes and any other taxes and revenues pledged	1779
for such purpose, and to continue to collect any of those revenues	1780
pledged for such purpose and to levy and collect those lodging	1781
taxes and any other taxes pledged for such purpose, in amounts	1782
necessary to meet the debt charges on those securities. The pledge	1783
is valid and binding from the time the pledge is made, and the	1784
lodging taxes so pledged and thereafter received by the county are	1785
immediately subject to the lien of the pledge without any physical	1786
delivery of the lodging taxes or further act. The lien of any	1787
pledge is valid and binding as against all parties having claims	1788
of any kind in tort, contract, or otherwise against the county,	1789
regardless of whether such parties have notice of the lien.	1790
Neither the resolution nor any trust agreement by which a pledge	1791
is created or further evidenced is required to be filed or	1792
recorded except in the records of the board. The special	1793
obligation securities shall contain a statement on their face to	1794
the effect that they are not general obligation securities, and,	1795
unless paid from other sources, are payable from the pledged	1796
lodging taxes.	1797

(c) Revenue securities authorized under section 133.08 of the	1798
Revised Code and issued under Chapter 133. of the Revised Code	1799
that are secured only by lawfully available project revenues	1800
pledged to pay the debt charges on those securities.	1801

(2) The securities described in division (I)(1) of this	1802
section are subject to Chapter 133. of the Revised Code.	1803

(3) Section 133.34 of the Revised Code, except for division	1804
(A) of that section, applies to the issuance of any refunding	1805
securities authorized under this division. In lieu of division (A)	1806
of section 133.34 of the Revised Code, the board of county	1807
commissioners shall establish the maturity date or dates, the	1808
interest payable on, and other terms of refunding securities as it	1809
considers necessary or appropriate for their issuance, provided	1810
that the final maturity of refunding securities shall not exceed	1811
by more than ten years the final maturity of any bonds refunded by	1812
refunding securities.	1813

(4) The board may not repeal, rescind, or reduce all or any	1814
portion of any lodging taxes pledged to the payment of debt	1815
charges on any outstanding special obligation securities	1816
authorized under this division, and no portion of any lodging	1817
taxes that is pledged, or that the board has covenanted to levy,	1818
collect, and appropriate annually to pay debt charges on any	1819
outstanding securities authorized under this division is subject	1820
to repeal, rescission, or reduction by the electorate of the	1821
county.	1822

Sec. 307.697. (A) For the purpose of section 307.696 of the	1823
Revised Code and to pay any or all of the charge the board of	1824
elections makes against the county to hold the election on the	1825
question of levying the tax, or for those purposes and to provide	1826
revenues to the county for permanent improvements, the board of	1827
county commissioners of a county may levy a tax not to exceed	1828
three dollars on each gallon of spirituous liquor sold to or	1829
purchased by liquor permit holders for resale, and sold at retail	1830
by the division of liquor control, in the county. The tax shall be	1831
levied on the number of gallons so sold. The tax may be levied for	1832
any number of years not exceeding twenty.	1833

The tax shall be levied pursuant to a resolution of the board	1834
of county commissioners approved by a majority of the electors in	1835
the county voting on the question of levying the tax, which	1836
resolution shall specify the rate of the tax, the number of years	1837
the tax will be levied, and the purposes for which the tax is	1838
levied. The election may be held on the date of a general or	1839
special election held not sooner than ~~seventy-five~~eighty-five	1840
days after the date the board certifies its resolution to the	1841
board of elections. If approved by the electors, the tax takes	1842
effect on the first day of the month specified in the resolution	1843
but not sooner than the first day of the month that is at least	1844
sixty days after the certification of the election results by the	1845
board of elections. A copy of the resolution levying the tax shall	1846
be certified to the division of liquor control at least sixty days	1847
prior to the date on which the tax is to become effective.	1848

(B) A resolution under this section may be joined on the	1849
ballot as a single question with a resolution adopted under	1850
section 4301.421 or 5743.024 of the Revised Code to levy a tax for	1851
the same purposes, and for the purpose of paying the expenses of	1852
administering that tax.	1853

(C) The form of the ballot in an election held pursuant to	1854
this section or section 4301.421 or 5743.024 of the Revised Code	1855
shall be as follows or in any other form acceptable to the	1856
secretary of state:	1857

"For the purpose of paying not more than one-half of the	1858
costs of providing a public sports facility together with related	1859
redevelopment and economic development projects, shall (an) excise	1860
tax(es) be levied by .......... county at the rate of ......	1861
(dollars on each gallon of spirituous liquor sold in the county by	1862
the Ohio division of liquor control, cents per gallon on the sale	1863
of beer at wholesale in the county, cents per gallon on the sale	1864
of wine and mixed beverages at wholesale in the county, cents per	1865
gallon on the sale of cider at wholesale in the county, or mills	1866
per cigarette on the sale of cigarettes at wholesale in the	1867
county), for ...... years?	1868

1869

		Yes			1870
		No	"		1871

1872

For an election in which questions under this section or	1873
section 4301.421 or 5743.024 of the Revised Code are joined as a	1874
single question, the form of the ballot shall be as above, except	1875
each of the proposed taxes shall be listed.	1876

(D) The board of county commissioners of a county in which a	1877
tax is imposed under this section on July 19, 1995, may levy a tax	1878
for the purpose of section 307.673 of the Revised Code regardless	1879
of whether or not the cooperative agreement authorized under that	1880
section has been entered into prior to the day the resolution	1881
adopted under division (D)(1) or (2) of this section is adopted,	1882
and for the purpose of reimbursing a county for costs incurred in	1883
the construction of a sports facility pursuant to an agreement	1884
entered into by the county under section 307.696 of the Revised	1885
Code. The tax shall be levied and approved in one of the manners	1886
prescribed by division (D)(1) or (2) of this section.	1887

(1) The tax may be levied pursuant to a resolution adopted by	1888
a majority of the members of the board of county commissioners not	1889
later than forty-five days after July 19, 1995. A board of county	1890
commissioners approving a tax under division (D)(1) of this	1891
section may approve a tax under division (B)(1) of section	1892
4301.421 or division (C)(1) of section 5743.024 of the Revised	1893
Code at the same time. Subject to the resolution being submitted	1894
to a referendum under sections 305.31 to 305.41 of the Revised	1895
Code, the resolution shall take effect immediately, but the tax	1896
levied pursuant to the resolution shall not be levied prior to the	1897
day following the last day the tax levied pursuant to divisions	1898
(A), (B), and (C) of this section may be levied.	1899

(2) The tax may be levied pursuant to a resolution adopted by	1900
a majority of the members of the board of county commissioners not	1901
later than forty-five days after July 19, 1995, and approved by a	1902
majority of the electors of the county voting on the question of	1903
levying the tax at the next succeeding general election following	1904
July 19, 1995. The board of county commissioners shall certify a	1905
copy of the resolution to the board of elections immediately upon	1906
adopting a resolution under division (D)(2) of this section, and	1907
the board of elections shall place the question of levying the tax	1908
on the ballot at that election. The form of the ballot shall be as	1909
prescribed by division (C) of this section, except that the phrase	1910
"paying not more than one-half of the costs of providing a sports	1911
facility together with related redevelopment and economic	1912
development projects" shall be replaced by the phrase "paying the	1913
costs of constructing or renovating a sports facility and	1914
reimbursing a county for costs incurred by the county in the	1915
construction of a sports facility," and the phrase ", beginning	1916
.......... (here insert the earliest date the tax would take	1917
effect)" shall be appended after "years." A board of county	1918
commissioners submitting the question of a tax under division	1919
(D)(2) of this section may submit the question of a tax under	1920
division (B)(2) of section 4301.421 or division (C)(2) of section	1921
5743.024 of the Revised Code as a single question, and the form of	1922
the ballot shall include each of the proposed taxes.	1923

If approved by a majority of electors voting on the question,	1924
the tax shall take effect on the day specified on the ballot,	1925
which shall not be earlier than the day following the last day the	1926
tax levied pursuant to divisions (A), (B), and (C) of this section	1927
may be levied.	1928

The rate of a tax levied pursuant to division (D)(1) or (2)	1929
of this section shall not exceed the rate specified in division	1930
(A) of this section. A tax levied pursuant to division (D)(1) or	1931
(2) of this section may be levied for any number of years not	1932
exceeding twenty.	1933

A board of county commissioners adopting a resolution under	1934
division (D)(1) or (2) of this section shall certify a copy of the	1935
resolution to the division of liquor control immediately upon	1936
adoption of the resolution.	1937

(E) No tax shall be levied under this section on or after ~~the~~	1938
~~effective date of the amendment of this section by the capital~~	1939
~~appropriations act of the 127th general assembly~~September 23,	1940
2008. This division does not prevent the collection of any tax	1941
levied under this section before that date so long as that tax	1942
remains effective.	1943

Sec. 307.791. The question of repeal of a county sediment	1944
control rule adopted under section 307.79 of the Revised Code may	1945
be initiated by filing with the board of elections of the county	1946
not less than ~~seventy-five~~eighty-five days before the general or	1947
primary election in any year a petition requesting that an	1948
election be held on such question. Such petition shall be signed	1949
by qualified electors residing in the county equal in number to	1950
ten per cent of those voting for governor at the most recent	1951
gubernatorial election in the county.	1952

After determination by it that such petition is valid, the	1953
board of elections shall submit the question to the electors of	1954
the county at the next general or primary election. The election	1955
shall be conducted, canvassed, and certified in the same manner as	1956
regular elections for county offices in the county. Notice of the	1957
election shall be published in a newspaper of general circulation	1958
in the county once a week for two consecutive weeks prior to the	1959
election and, if the board of elections operates and maintains a	1960
web site, notice of the election also shall be posted on that web	1961
site for thirty days prior to the election. The notice shall state	1962
the purpose, time, and place of the election and the complete text	1963
of each rule sought to be repealed. The form of the ballot cast at	1964
such election shall be prescribed by the secretary of state. The	1965
question covered by such petition shall be submitted as a separate	1966
proposition, but it may be printed on the same ballot with any	1967
other proposition submitted at the same election other than the	1968
election of officers. If a majority of the qualified electors	1969
voting on the question of repeal approve the repeal, the result of	1970
the election shall be certified immediately after the canvass by	1971
the board of elections to the board of county commissioners, who	1972
shall thereupon rescind the rule.	1973

Sec. 307.94. Electors of a county, equal in number to ten	1974
per cent of the number who voted for governor in the county at the	1975
most recent gubernatorial election, may file, not later than one	1976
hundred ten days before the date of a general election, a petition	1977
with the board of county commissioners asking that the question of	1978
the adoption of a county charter in the form attached to the	1979
petition be submitted to the electors of the county. The petition	1980
shall be available for public inspection at the offices of the	1981
county commissioners during regular business hours until four p.m.	1982
of the ~~ninety-sixth~~one hundred sixth day before the election, at	1983
which time the board shall, by resolution, certify the petition to	1984
the board of elections of the county for submission to the	1985
electors of the county, unless the signatures are insufficient or	1986
the petitions otherwise invalid, at the next general election.	1987

Such electors may, in the alternative not later than the one	1988
hundred ~~fifteenth~~twenty-fifth day before the date of a general	1989
election, file such a petition with the board of elections of the	1990
county. In such case the board of elections shall immediately	1991
proceed to determine whether the petition and the signatures on	1992
the petition meet the requirements of law and to count the number	1993
of valid signatures and to note opposite each invalid signature	1994
the reason for the invalidity. The board of elections shall	1995
complete its examination of the petition and the signatures and	1996
shall submit a report to the board of county commissioners not	1997
later than the one hundred ~~fifth~~fifteenth day before the date of	1998
the general election certifying whether the petition is valid or	1999
invalid and, if invalid, the reasons for invalidity, whether there	2000
are sufficient valid signatures, and the number of valid and	2001
invalid signatures. The petition and a copy of the report to the	2002
board of county commissioners shall be available for public	2003
inspection at the board of elections. If the petition is certified	2004
by the board of elections to be valid and to have sufficient valid	2005
signatures, the board of county commissioners shall forthwith and	2006
not later than four p.m. on the ~~ninety-sixth~~one hundred sixth day	2007
before the general election, by resolution, certify the petition	2008
to the board of elections for submission to the electors of the	2009
county at the next general election. If the petition is certified	2010
by the board of elections to be invalid or to have insufficient	2011
valid signatures, or both, the petitioners' committee may protest	2012
such findings or solicit additional signatures as provided in	2013
section 307.95 of the Revised Code, or both, or request that the	2014
board of elections proceed to establish the validity or invalidity	2015
of the petition and the sufficiency or insufficiency of the	2016
signatures in an action before the court of common pleas in the	2017
county. Such action must be brought within three days after the	2018
request has been made, and the case shall be heard forthwith by a	2019
judge or such court whose decision shall be certified to the board	2020
of elections and to the board of county commissioners in	2021
sufficient time to permit the board of county commissioners to	2022
perform its duty to certify the petition, if it is determined by	2023
the court to be valid and contain sufficient valid signatures, to	2024
the board of elections not later than four p.m. on the	2025
~~ninety-sixth~~one hundred sixth day prior to the general election	2026
for submission to the electors at such general election.	2027

A county charter to be submitted to the voters by petition	2028
shall be considered to be attached to the petition if it is	2029
printed as a part of the petition. A county charter petition may	2030
consist of any number of separate petition papers. Each part shall	2031
have attached a copy of the charter to be submitted to the	2032
electors, and each part shall otherwise meet all the requirements	2033
of law for a county charter petition. Section 3501.38 of the	2034
Revised Code applies to county charter petitions.	2035

The petitioners shall designate in the petition the names and	2036
addresses of a committee of not fewer than three nor more than	2037
five persons who will represent them in all matters relating to	2038
the petition. Notice of all matters or proceedings pertaining to	2039
such petitions may be served on the committee, or any of them,	2040
either personally or by certified mail, or by leaving it at the	2041
usual place of residence of each of them.	2042

Sec. 307.95. (A) When a county charter petition has been	2043
certified to the board of elections pursuant to section 307.94 of	2044
the Revised Code, the board shall immediately proceed to determine	2045
whether the petition and the signatures on the petition meet the	2046
requirements of law, including section 3501.38 of the Revised	2047
Code, and to count the number of valid signatures. The board shall	2048
note opposite each invalid signature the reason for the	2049
invalidity. The board shall complete its examination of the	2050
petition and the signatures not later than ten days after receipt	2051
of the petition certified by the board of county commissioners and	2052
shall submit a report to the board of county commissioners not	2053
less than ~~eighty-five~~ninety-five days before the election	2054
certifying whether the petition is valid or invalid and, if	2055
invalid, the reasons for the invalidity, whether there are	2056
sufficient valid signatures, and the number of valid and invalid	2057
signatures. The petition and a copy of the report to the board of	2058
county commissioners shall be available for public inspection at	2059
the board of elections. If the petition is determined by the board	2060
of elections to be valid but the number of valid signatures is	2061
insufficient, the board of county commissioners shall immediately	2062
notify the committee for the petitioners, who may solicit and file	2063
additional signatures to the petition pursuant to division (E) of	2064
this section or protest the board of election's findings pursuant	2065
to division (B) of this section, or both.	2066

(B) Protests against the board of election's findings	2067
concerning the validity or invalidity of a county charter petition	2068
or any signature on such petition may be filed by any elector	2069
eligible to vote at the next general election with the board of	2070
elections not later than four p.m. of the ~~eighty-second~~	2071
ninety-second day before the election. Each protest shall identify	2072
the part of, or omission from, the petition or the signature or	2073
signatures to which the protest is directed, and shall set forth	2074
specifically the reason for the protest. A protest must be in	2075
writing, signed by the elector making the protest, and shall	2076
include the protestor's address. Each protest shall be filed in	2077
duplicate.	2078

(C) The board of elections shall deliver or mail be certified	2079
mail one copy of each protest filed with it to the secretary of	2080
state. The secretary of state, within ten days after receipt of	2081
the protests, shall determine the validity or invalidity of the	2082
petition and the sufficiency or insufficiency of the signatures.	2083
The secretary of state may determine whether to permit matters not	2084
raised by protest to be considered in determining such validity or	2085
invalidity or sufficiency or insufficiency, and may conduct	2086
hearings, either in Columbus or in the county where the county	2087
charter petition is filed. The determination by the secretary of	2088
state is final.	2089

(D) The secretary of state shall notify the board of	2090
elections of the determination of the validity or invalidity of	2091
the petition and sufficiency or insufficiency of the signatures	2092
not later than four p.m. of the ~~seventy-first~~eighty-first day	2093
before the election. If the petition is determined to be valid and	2094
to contain sufficient valid signatures, the charter shall be	2095
placed on the ballot at the next general election. If the petition	2096
is determined to be invalid, the secretary of state shall so	2097
notify the board of county commissioners and the board of county	2098
commissioners shall notify the committee. If the petition is	2099
determined by the secretary of state to be valid but the number of	2100
valid signatures is insufficient, the board of elections shall	2101
immediately notify the committee for the petitioners and the	2102
committee shall be allowed ten additional days after such	2103
notification to solicit and file additional signatures to the	2104
petition subject to division (E) of this section.	2105

(E) All additional signatures solicited pursuant to division	2106
(A) or (D) of this section shall be filed with the board of	2107
elections not less than ~~sixty~~seventy days before the election.	2108
The board of elections shall examine and determine the validity or	2109
invalidity of the additional separate petition papers and of the	2110
signatures thereon, and its determination is final. No valid	2111
signature on an additional separate petition paper that is the	2112
same as a valid signature on an original separate petition paper	2113
shall be counted. The number of valid signatures on the original	2114
separate petition papers and the additional separate petition	2115
papers shall be added together to determine whether there are	2116
sufficient valid signatures. If the number of valid signatures is	2117
sufficient and the additional separate petition papers otherwise	2118
valid, the charter shall be placed on the ballot at the next	2119
general election. If not, the board of elections shall notify the	2120
county commissioners, and the commissioners shall notify the	2121
committee.	2122

Sec. 322.02. (A) For the purpose of paying the costs of	2123
enforcing and administering the tax and providing additional	2124
general revenue for the county, any county may levy and collect a	2125
tax to be known as the real property transfer tax on each deed	2126
conveying real property or any interest in real property located	2127
wholly or partially within the boundaries of the county at a rate	2128
not to exceed thirty cents per hundred dollars for each one	2129
hundred dollars or fraction thereof of the value of the real	2130
property or interest in real property located within the	2131
boundaries of the county granted, assigned, transferred, or	2132
otherwise conveyed by the deed. The tax shall be levied pursuant	2133
to a resolution adopted by the board of county commissioners of	2134
the county and, except as provided in division (A) of section	2135
322.07 of the Revised Code, shall be levied at a uniform rate upon	2136
all deeds as defined in ~~dividion~~division (D) of section 322.01 of	2137
the Revised Code. Prior to the adoption of any such resolution,	2138
the board of county commissioners shall conduct two public	2139
hearings thereon, the second hearing to be not less than three nor	2140
more than ten days after the first. Notice of the date, time, and	2141
place of the hearings shall be given by publication in a newspaper	2142
of general circulation in the county once a week on the same day	2143
of the week for two consecutive weeks, the second publication	2144
being not less than ten nor more than thirty days prior to the	2145
first hearing. The tax shall be levied upon the grantor named in	2146
the deed and shall be paid by the grantor for the use of the	2147
county to the county auditor at the time of the delivery of the	2148
deed as provided in section 319.202 of the Revised Code and prior	2149
to the presentation of the deed to the recorder of the county for	2150
recording.	2151

(B) No resolution levying a real property transfer tax	2152
pursuant to this section or a manufactured home transfer tax	2153
pursuant to section 322.06 of the Revised Code shall be effective	2154
sooner than thirty days following its adoption. Such a resolution	2155
is subject to a referendum as provided in sections 305.31 to	2156
305.41 of the Revised Code, unless the resolution is adopted as an	2157
emergency measure necessary for the immediate preservation of the	2158
public peace, health, or safety, in which case it shall go into	2159
immediate effect. An emergency measure must receive an affirmative	2160
vote of all of the members of the board of commissioners, and	2161
shall state the reasons for the necessity. A resolution may direct	2162
the board of elections to submit the question of levying the tax	2163
to the electors of the county at the next primary or general	2164
election in the county occurring not less than ~~seventy-five~~	2165
eighty-five days after the resolution is certified to the board.	2166
No such resolution shall go into effect unless approved by a	2167
majority of those voting upon it.	2168

Sec. 322.021. The question of a repeal of a county	2169
permissive tax adopted as an emergency measure pursuant to	2170
division (B) of section 322.02 of the Revised Code may be	2171
initiated by filing with the board of elections of the county not	2172
less than ~~seventy-five~~eighty-five days before the general	2173
election in any year a petition requesting that an election be	2174
held on such question. Such petition shall be signed by qualified	2175
electors residing in the county equal in number to ten per cent of	2176
those voting for governor at the most recent gubernatorial	2177
election.	2178

After determination by it that such petition is valid, the	2179
board of elections shall submit the question to the electors of	2180
the county at the next general election. The election shall be	2181
conducted, canvassed, and certified in the same manner as regular	2182
elections for county offices in the county. Notice of the election	2183
shall be published in a newspaper of general circulation in the	2184
district once a week for two consecutive weeks prior to the	2185
election and, if the board of elections operates and maintains a	2186
web site, notice of the election also shall be posted on that web	2187
site for thirty days prior to the election. The notice shall state	2188
the purpose, time, and place of the election. The form of the	2189
ballot cast at such election shall be prescribed by the secretary	2190
of state. The question covered by such petition shall be submitted	2191
as a separate proposition, but it may be printed on the same	2192
ballot with any other proposition submitted at the same election	2193
other than the election of officers. If a majority of the	2194
qualified electors voting on the question of repeal approve the	2195
repeal, the result of the election shall be certified immediately	2196
after the canvass by the board of elections to the board of county	2197
commissioners, who shall thereupon, after the current year, cease	2198
to levy the tax.	2199

Sec. 324.02. For the purpose of providing additional general	2200
revenues for the county and paying the expense of administering	2201
such levy, any county may levy a county excise tax to be known as	2202
the utilities service tax on the charge for every utility service	2203
to customers within the county at a rate not to exceed two per	2204
cent of such charge. On utility service to customers engaged in	2205
business, the tax shall be imposed at a rate of one hundred fifty	2206
per cent of the rate imposed upon all other consumers within the	2207
county. The tax shall be levied pursuant to a resolution adopted	2208
by the board of county commissioners of the county and shall be	2209
levied at uniform rates required by this section upon all charges	2210
for utility service except as provided in section 324.03 of the	2211
Revised Code. The tax shall be levied upon the customer and shall	2212
be paid by the customer to the utility supplying the service at	2213
the time the customer pays the utility for the service. If the	2214
charge for utility service is billed to a person other than the	2215
customer at the request of such person, the tax commissioner of	2216
the state may, in accordance with section 324.04 of the Revised	2217
Code, provide for the levy of the tax against and the payment of	2218
the tax by such other person. Each utility furnishing a utility	2219
service the charge for which is subject to the tax shall set forth	2220
the tax as a separate item on each bill or statement rendered to	2221
the customer.	2222

Prior to the adoption of any resolution levying a utilities	2223
service tax the board of county commissioners shall conduct two	2224
public hearings thereon, the second hearing to be not less than	2225
three nor more than ten days after the first. Notice of the date,	2226
time, and place of such hearings shall be given by publication in	2227
a newspaper of general circulation in the county once a week on	2228
the same day of the week for two consecutive weeks, the second	2229
publication being not less than ten nor more than thirty days	2230
prior to the first hearing. No resolution levying a utilities	2231
service tax pursuant to this section of the Revised Code shall be	2232
effective sooner than thirty days following its adoption and such	2233
resolution is subject to a referendum as provided in sections	2234
305.31 to 305.41 of the Revised Code, unless such resolution is	2235
adopted as an emergency measure necessary for the immediate	2236
preservation of the public peace, health, or safety, in which case	2237
it shall go into immediate effect. Such emergency measure must	2238
receive an affirmative vote of all of the members of the board of	2239
commissioners, and shall state the reasons for such necessity. A	2240
resolution may direct the board of elections to submit the	2241
question of levying the tax to the electors of the county at the	2242
next primary or general election in the county occurring not less	2243
than ~~seventy-five~~eighty-five days after such resolution is	2244
certified to the board. No such resolution shall go into effect	2245
unless approved by a majority of those voting upon it. The tax	2246
levied by such resolution shall apply to all bills rendered	2247
subsequent to the sixtieth day after the effective date of the	2248
resolution. No bills shall be rendered out of the ordinary course	2249
of business to avoid payment of the tax.	2250

Sec. 324.021. The question of repeal of a county permissive	2251
tax adopted as an emergency measure pursuant to section 324.02 of	2252
the Revised Code may be initiated by filing with the board of	2253
elections of the county not less than ~~seventy-five~~eighty-five	2254
days before the general election in any year a petition requesting	2255
that an election be held on such question. Such petition shall be	2256
signed by qualified electors residing in the county equal in	2257
number to ten per cent of those voting for governor at the most	2258
recent gubernatorial election.	2259

After determination by it that such petition is valid, the	2260
board of elections shall submit the question to the electors of	2261
the county at the next general election. The election shall be	2262
conducted, canvassed, and certified in the same manner as regular	2263
elections for county offices in the county. Notice of the election	2264
shall be published in a newspaper of general circulation in the	2265
district once a week for two consecutive weeks prior to the	2266
election and, if the board of elections operates and maintains a	2267
web site, notice of the election also shall be posted on that web	2268
site for thirty days prior to the election. The notice shall state	2269
the purpose, time, and place of the election. The form of the	2270
ballot cast at such election shall be prescribed by the secretary	2271
of state. The question covered by such petition shall be submitted	2272
as a separate proposition, but it may be printed on the same	2273
ballot with any other proposition submitted at the same election	2274
other than the election of officers. If a majority of the	2275
qualified electors voting on the question of repeal approve the	2276
repeal, the result of the election shall be certified immediately	2277
after the canvass by the board of elections to the board of county	2278
commissioners, who shall thereupon, after the current year, cease	2279
to levy the tax.	2280

Sec. 345.03. A copy of any resolution adopted under section	2281
345.01 of the Revised Code shall be certified within five days by	2282
the taxing authority and not later than four p. m. of the	2283
~~seventy-fifth~~eighty-fifth day before the day of the election, to	2284
the county board of elections, and such board shall submit the	2285
proposal to the electors of the subdivision at the succeeding	2286
general election. The board shall make the necessary arrangements	2287
for the submission of such question to the electors of the	2288
subdivision, and the election shall be conducted, canvassed, and	2289
certified in like manner as regular elections in such subdivision.	2290

Notice of the election shall be published in a newspaper of	2291
general circulation in the subdivision, at least once, not less	2292
than two weeks prior to such election. The notice shall set out	2293
the purpose of the proposed increase in rate, the amount of the	2294
increase expressed in dollars and cents for each one hundred	2295
dollars of valuation as well as in mills for each one dollar of	2296
property valuation, the number of years during which such increase	2297
will be in effect, and the time and place of holding such	2298
election.	2299

Sec. 351.26. (A) The board of directors of a convention	2300
facilities authority may adopt a resolution requesting the board	2301
of county commissioners of the county in which the convention	2302
facilities authority has its territory to propose the question of	2303
a tax to be levied pursuant to this section and section 4301.424	2304
or sections 5743.026 and 5743.324 of the Revised Code for the	2305
purpose of construction or renovation of a sports facility. The	2306
board of directors shall certify a copy of the resolution to the	2307
board of county commissioners not later than ~~ninety~~one hundred	2308
days prior to the day of the election at which the board of	2309
directors requests the board of county commissioners to submit the	2310
question of the tax. The resolution shall state the rate at which	2311
the tax would be levied, the purpose for which the tax would be	2312
levied, the number of years the tax would be levied, the section	2313
of the Revised Code under which the tax would be levied, and the	2314
date of the election at which the board of directors requests the	2315
board of county commissioners to submit the question of the tax,	2316
all of which are subject to the limitations of this section and	2317
section 4301.424 or sections 5743.026 and 5743.324 of the Revised	2318
Code.	2319

Upon receiving a copy of such a resolution from the board of	2320
directors, the board of county commissioners shall adopt a	2321
resolution either approving or rejecting the proposal, and certify	2322
a copy of its resolution to the board of directors. If the board	2323
of county commissioners approves the proposal, the board of county	2324
commissioners shall propose the question of levying a tax pursuant	2325
to section 4301.424 of the Revised Code or pursuant to sections	2326
5743.026 and 5743.324 of the Revised Code, as specified in the	2327
board of directors' resolution, for the purpose of construction or	2328
renovation of a sports facility.	2329

(B) The form of the ballot in an election held on the	2330
question of levying a tax proposed pursuant to section 4301.424 or	2331
5743.026 of the Revised Code shall be as follows or in any other	2332
form acceptable to the secretary of state:	2333

"For the purpose of paying the costs of ..........	2334
(constructing or renovating) a sports facility, shall (an) excise	2335
tax(es) be levied by the .......... county for the convention	2336
facilities authority of .......... county at the rate of ......	2337
(dollars on each gallon of spirituous liquor sold in the county by	2338
the Ohio division of liquor control, cents per gallon on the sale	2339
of beer at wholesale in the county, cents per gallon on the sale	2340
of wine and mixed beverages at wholesale in the county, or mills	2341
per cigarette on the sale of cigarettes at wholesale in the	2342
county), for ...... years?	2343

2344

		Yes			2345
		No	"		2346

2347

For an election in which questions under section 4301.424 or	2348
5743.026 of the Revised Code are joined as a single question, the	2349
form of the ballot shall be as above, except each of the proposed	2350
taxes shall be listed.	2351

(C) No tax shall be levied under this section on or after ~~the~~	2352
~~effective date of the amendment of this section by the capital~~	2353
~~appropriations act of the 127th general assembly~~September 23,	2354
2008. This division does not prevent the collection of any tax	2355
levied under this section before that date so long as that tax	2356
remains effective.	2357

Sec. 503.02. (A) Except as otherwise provided in this	2358
section, the board of county commissioners may change the	2359
boundaries of any civil township, or partition any township among	2360
other townships within the county, by attaching a part of one	2361
township to another, by dividing one township and attaching the	2362
parts to other townships, or by laying off and designating a new	2363
township from the territory of one or more townships of the same	2364
county or from territory not before included in a civil township,	2365
when it is made to appear necessary or expedient by a petition for	2366
that purpose, signed by a majority of the electors residing within	2367
the bounds of the townships to be affected by the partition or	2368
division, as determined by the number of votes cast in those	2369
townships for the office of governor at the most recent general	2370
election for that office.	2371

If the board receives a petition to partition a township that	2372
has adopted a limited home rule government under Chapter 504. of	2373
the Revised Code, signed by a majority of the electors residing in	2374
that township, the board shall certify the question of whether or	2375
not the township shall remain intact to the board of elections.	2376
The board of elections shall determine the validity and	2377
sufficiency of the signatures on the petition and, if there are	2378
enough valid signatures, shall place the question on the ballot at	2379
a special election to be held on the day of the next general or	2380
primary election in the township occurring at least ~~seventy-five~~	2381
eighty-five days after the petition is filed, for a vote of the	2382
electors within that township. If a majority of those voting vote	2383
against keeping the township intact, the board of county	2384
commissioners shall proceed to partition the township. If a	2385
majority of those voting vote for keeping the township intact, the	2386
board of county commissioners shall not partition the township and	2387
shall deny the petition.	2388

(B) If a township is divided or partitioned under this	2389
section, the board of county commissioners shall apportion the	2390
funds in the township's treasury to the township to which portions	2391
of the divided or partitioned township are attached, or to the new	2392
townships established. This apportionment may take into account	2393
the taxable property valuation, population, or size of the	2394
portions created by the division or partition, as well as any	2395
other readily ascertainable criteria.	2396

Sec. 503.161. (A) A board of township trustees, by a	2397
unanimous vote, may adopt a resolution causing the board of	2398
elections to submit to the electors of the unincorporated area of	2399
the township the question of whether the township's name should be	2400
changed.	2401

(B) The electors of the unincorporated area of a township may	2402
petition the board of township trustees to adopt a resolution	2403
causing the board of elections to submit to the electors the	2404
question of whether the township's name should be changed. Upon	2405
receipt of a petition signed by twenty per cent of the electors of	2406
the unincorporated area of the township, as determined by the	2407
total number of votes cast in that area for the office of governor	2408
at the preceding general election for that office, the board of	2409
township trustees shall adopt such a resolution.	2410

(C) The question of whether the township's name should be	2411
changed shall be voted upon at the next primary or general	2412
election occurring at least ~~seventy-five~~eighty-five days after	2413
the certification of the resolution adopted under division (A) or	2414
(B) of this section to the board of elections.	2415

Sec. 503.24. If there is a vacancy by reason of the	2416
nonacceptance, death, or removal of a person chosen to an office	2417
in any township at the regular election, or if there is a vacancy	2418
from any other cause, the board of township trustees shall appoint	2419
a person having the qualifications of an elector to fill such	2420
vacancy for the unexpired term or until a successor is elected.	2421

If a township is without a board or if no appointment is made	2422
within thirty days after the occurrence of a vacancy, a majority	2423
of the persons designated as the committee of five on the	2424
last-filed nominating petition of the township officer whose	2425
vacancy is to be filled who are residents of the township shall	2426
appoint a person having the qualifications of an elector to fill	2427
the vacancy for the unexpired term or until a successor is	2428
elected. If at least three of the committee members who are	2429
residents of the township cannot be found, or if that number of	2430
such members fails to make an appointment within ten days after	2431
the thirty-day period in which the board of township trustees is	2432
authorized to make an appointment, then the presiding probate	2433
judge of the county shall appoint a suitable person having the	2434
qualifications of an elector in the township to fill the vacancy	2435
for the unexpired term or until a successor is elected.	2436

If a vacancy occurs in a township elective office more than	2437
~~forty~~fifty days before the next general election for municipal	2438
and township officers a successor shall be chosen at that election	2439
to fill the unexpired term, provided the term does not expire	2440
within one year from the day of the election. If the term expires	2441
within one year from the day of the next general election for	2442
municipal and township officers, a successor appointed pursuant to	2443
this section shall serve out the unexpired term.	2444

Sec. 503.41. (A) A board of township trustees, by	2445
resolution, may regulate and require the registration of massage	2446
establishments and their employees within the unincorporated	2447
territory of the township. In accordance with sections 503.40 to	2448
503.49 of the Revised Code, for that purpose, the board, by a	2449
majority vote of all members, may adopt, amend, administer, and	2450
enforce regulations within the unincorporated territory of the	2451
township.	2452

(B) A board may adopt regulations and amendments under this	2453
section only after public hearing at not fewer than two regular	2454
sessions of the board. The board shall cause to be published in at	2455
least one newspaper of general circulation in the township notice	2456
of the public hearings, including the time, date, and place, once	2457
a week for two weeks immediately preceding the hearings. The board	2458
shall make available proposed regulations or amendments to the	2459
public at the office of the board.	2460

(C) Regulations or amendments adopted by the board are	2461
effective thirty days after the date of adoption unless, within	2462
thirty days after the adoption of the regulations or amendments,	2463
the township fiscal officer receives a petition, signed by a	2464
number of qualified electors residing in the unincorporated area	2465
of the township equal to not less than ten per cent of the total	2466
vote cast for all candidates for governor in the area at the most	2467
recent general election at which a governor was elected,	2468
requesting the board to submit the regulations or amendments to	2469
the electors of the area for approval or rejection at the next	2470
primary or general election occurring at least ~~seventy-five~~	2471
eighty-five days after the board receives the petition.	2472

No regulation or amendment for which the referendum vote has	2473
been requested is effective unless a majority of the ~~vote~~votes	2474
cast on the issue is in favor of the regulation or amendment.	2475
Upon certification by the board of elections that a majority of	2476
the votes cast on the issue was in favor of the regulation or	2477
amendment, the regulation or amendment takes immediate effect.	2478

(D) The board shall make available regulations it adopts or	2479
amends to the public at the office of the board and shall cause to	2480
be published a notice of the availability of the regulations in at	2481
least one newspaper of general circulation in the township within	2482
ten days after their adoption or amendment.	2483

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	2484
shall be construed to allow a board of township trustees to	2485
regulate the practice of any limited branch of medicine specified	2486
in section 4731.15 of the Revised Code or the practice of	2487
providing therapeutic massage by a licensed physician, a licensed	2488
chiropractor, a licensed podiatrist, a licensed nurse, or any	2489
other licensed health professional. As used in this division,	2490
"licensed" means licensed, certified, or registered to practice in	2491
this state.	2492

Sec. 504.01. A township that meets the qualifications of	2493
this section may adopt a limited home rule government in the	2494
manner provided in this section.	2495

(A)(1) If a township has a population of at least three	2496
thousand five hundred but less than five thousand in the	2497
unincorporated territory of the township, a limited home rule	2498
government under which the township exercises limited powers of	2499
local self-government and limited police powers may be adopted if	2500
all the following apply:	2501

(a) The electors of the unincorporated territory of the	2502
township petition the board of township trustees to adopt limited	2503
home rule government;	2504

(b) The petition has been signed by ten per cent of the	2505
electors of the unincorporated territory of the township, as	2506
determined by the total number of votes cast in that territory for	2507
the office of governor at the most recent general election for	2508
that office;	2509

(c) The board of township trustees appoints a township	2510
administrator under division (A)(2) of section 505.031 of the	2511
Revised Code; and	2512

(d) The total amount certified in the official certificate of	2513
estimated resources or in an amended official certificate of	2514
estimated resources for the township under section 5705.36 of the	2515
Revised Code is at least three million five hundred thousand	2516
dollars for the most recently concluded fiscal year.	2517

If the conditions enumerated in this division have been met,	2518
the board shall adopt and certify to the board of elections a	2519
resolution directing the board of elections to submit to the	2520
electors of the unincorporated territory the question whether the	2521
township should adopt a limited home rule government. The question	2522
shall be voted upon at the next general election occurring at	2523
least ~~seventy-five~~eighty-five days after certification of the	2524
resolution to the board of elections.	2525

(2) If a township has a population of at least five thousand	2526
but less than fifteen thousand in the unincorporated territory of	2527
the township, the board of township trustees, by a majority vote,	2528
may adopt a resolution causing the board of elections to submit to	2529
the electors of the unincorporated area of the township the	2530
question of whether the township should adopt a limited home rule	2531
government under which it exercises limited powers of local	2532
self-government and limited police powers, as authorized by this	2533
chapter. The question shall be voted upon at the next general	2534
election occurring at least ~~seventy-five~~eighty-five days after	2535
certification of the resolution to the board of elections.	2536

(3) If a township has a population of fifteen thousand or	2537
more in the unincorporated territory of the township, the board of	2538
township trustees, after at least one public hearing, may do	2539
either of the following:	2540

(a) By a unanimous vote, adopt a resolution establishing a	2541
limited home rule government under which the township exercises	2542
limited powers of local self-government and limited police powers	2543
as authorized by this chapter. The resolution shall become	2544
effective thirty days after the date of its adoption unless within	2545
that thirty-day period there is presented to the board of township	2546
trustees a petition, signed by a number of registered electors	2547
residing in the unincorporated area of the township equal to at	2548
least ten per cent of the total vote cast for all candidates for	2549
governor in that area at the most recent general election at which	2550
a governor was elected, requesting the board of township trustees	2551
to submit the question of establishing a limited home rule	2552
government to the electors of that area for approval or rejection	2553
at a special election to be held on the day of the next primary or	2554
general election occurring at least ~~seventy-five~~eighty-five days	2555
after the petition is presented. Each part of the petition shall	2556
meet the requirements specified in section 3501.38 of the Revised	2557
Code. Upon timely receipt of the petition, the board of township	2558
trustees shall adopt a resolution causing the board of elections	2559
to submit to the electors of the unincorporated area of the	2560
township the question of whether the township should adopt a	2561
limited home rule government.	2562

(b) By a majority vote, adopt a resolution causing the board	2563
of elections to submit to the electors of the unincorporated area	2564
of the township the question of whether the township should adopt	2565
a limited home rule government under which it exercises limited	2566
powers of local self-government and limited police powers, as	2567
authorized by this chapter. The question shall be voted upon at	2568
the next general election occurring at least ~~seventy-five~~	2569
eighty-five days after certification of the resolution to the	2570
board of elections.	2571

(4) If a township meets the population requirements of	2572
division (A)(2) or (3) of this section, the electors of the	2573
unincorporated area of the township may petition the board of	2574
township trustees to adopt a resolution causing the board of	2575
elections to submit to the electors the question of whether the	2576
township should adopt a limited home rule government. Upon receipt	2577
of a petition signed by ten per cent of the electors of the	2578
unincorporated area of the township, as determined by the total	2579
number of votes cast in that area for the office of governor at	2580
the most recent general election for that office, the board of	2581
township trustees shall adopt the resolution. The question shall	2582
be voted upon at the next general election occurring at least	2583
~~seventy-five~~eighty-five days after the certification of the	2584
resolution to the board of elections.	2585

(B) If the population of the unincorporated territory of any	2586
township that adopts a limited home rule government under division	2587
(A)(3) or (4) of this section is fifteen thousand or more, the	2588
township shall be called an "urban township."	2589

(C) Except as otherwise provided in division (A)(1) of this	2590
section, townships with a population of less than five thousand in	2591
the unincorporated territory of the township are not permitted to	2592
adopt a limited home rule government.	2593

Sec. 504.03. (A)(1) If a limited home rule government is	2594
adopted pursuant to section 504.02 of the Revised Code, it shall	2595
remain in effect for at least three years except as otherwise	2596
provided in division (B) of this section. At the end of that	2597
period, if the board of township trustees determines that that	2598
government is not in the best interests of the township, it may	2599
adopt a resolution causing the board of elections to submit to the	2600
electors of the unincorporated area of the township the question	2601
of whether the township should continue the limited home rule	2602
government. The question shall be voted upon at the next general	2603
election occurring at least ~~seventy-five~~eighty-five days after	2604
the certification of the resolution to the board of elections.	2605
After certification of the resolution, the board of elections	2606
shall submit the question to the electors of the unincorporated	2607
area of the township, and the ballot language shall be	2608
substantially as follows:	2609

"Shall the township of ........... (name) continue the	2610
limited home rule government under which it is operating?	2611

......		For continuation of the limited home rule government		2612
......		Against continuation of the limited home rule government"		2613

(2)(a) At least forty-five days before the election on the	2614
question of continuing the limited home rule government, the board	2615
of township trustees shall have notice of the election published	2616
in a newspaper of general circulation in the township once a week	2617
for two consecutive weeks and have the notice posted in five	2618
conspicuous places in the unincorporated area of the township.	2619

(b) If a board of elections operates and maintains a web	2620
site, notice of the election shall be posted on that web site for	2621
at least thirty days before the election on the question of	2622
continuing the limited home rule government.	2623

(B) The electors of a township that has adopted a limited	2624
home rule government may propose at any time by initiative	2625
petition, in accordance with section 504.14 of the Revised Code, a	2626
resolution submitting to the electors in the unincorporated area	2627
of the township, in an election, the question set forth in	2628
division (A)(1) of this section.	2629

(C) If a majority of the votes cast under division (A) or (B)	2630
of this section on the proposition of continuing the limited home	2631
rule government is in the negative, that government is terminated	2632
effective on the first day of January immediately following the	2633
election, and a limited home rule government shall not be adopted	2634
in the unincorporated area of the township pursuant to section	2635
504.02 of the Revised Code for at least three years after that	2636
date.	2637

(D) If a limited home rule government is terminated under	2638
this section, the board of township trustees immediately shall	2639
adopt a resolution repealing all resolutions adopted pursuant to	2640
this chapter that are not authorized by any other section of the	2641
Revised Code outside this chapter, effective on the first day of	2642
January immediately following the election described in division	2643
(A) or (B) of this section. However, no resolution adopted under	2644
this division shall affect or impair the obligations of the	2645
township under any security issued or contracts entered into by	2646
the township in connection with the financing of any water supply	2647
facility or sewer improvement under sections 504.18 to 504.20 of	2648
the Revised Code or the authority of the township to collect or	2649
enforce any assessments or other revenues constituting security	2650
for or source of payments of debt service charges of those	2651
securities.	2652

(E) Upon the termination of a limited home rule government	2653
under this section, if the township had converted its board of	2654
township trustees to a five-member board before September 26,	2655
2003, the current board member who received the lowest number of	2656
votes of the current board members who were elected at the most	2657
recent election for township trustees, and the current board	2658
member who received the lowest number of votes of the current	2659
board members who were elected at the second most recent election	2660
for township trustees, shall cease to be township trustees on the	2661
date that the limited home rule government terminates. Their	2662
offices likewise shall cease to exist at that time, and the board	2663
shall continue as a three-member board as provided in section	2664
505.01 of the Revised Code.	2665

Sec. 505.13. The board of township trustees of a township	2666
which is composed in whole or in part of islands, accessible from	2667
the mainland only by watercraft, may purchase and operate, and may	2668
let for hire, a scow or lighter of sufficient tonnage to carry	2669
stone and other road building material, equipped with or without a	2670
proper crane or loading device, and for such purpose the board may	2671
levy a tax upon all the taxable property in the township, in such	2672
amount as it determines.	2673

The question of levying such tax shall be submitted to the	2674
qualified electors of the township at a general election. The	2675
trustees shall certify such resolution to the board of elections	2676
not later than four p.m. of the ~~seventy-fifth~~eighty-fifth day	2677
before the day of the election. Twenty days' notice thereof shall	2678
be previously given by posting in at least three public places in	2679
the township. Such notice shall state specifically the amount to	2680
be raised and the purpose thereof. If a majority of all the votes	2681
cast at such election upon the proposition is in favor thereof,	2682
the tax provided for is authorized.	2683

Sec. 505.14. The board of township trustees of a township	2684
described in section 505.13 of the Revised Code, which, for any	2685
reason, is inaccessible from the mainland at some time of the	2686
year, may construct, acquire, purchase, lease, and maintain a	2687
house as the residence of a resident physician, when, in the	2688
opinion of a majority of the members of such board, it is	2689
necessary for the maintenance of the public health and welfare.	2690

For the maintenance, construction, acquisition, purchase, or	2691
~~least~~lease of such a house the board may levy a tax upon all the	2692
taxable property in the township, in such amount as it determines.	2693

The question of levying such a tax shall be submitted to the	2694
qualified electors of the township at a general or special	2695
election. The trustees shall certify such resolution to the board	2696
of elections not later than four p.m. of the ~~seventy-fifth~~	2697
eighty-fifth day before the day of the election. Twenty days'	2698
notice thereof shall be previously given by posting in at least	2699
three public places in the township. Such notice shall state	2700
specifically the amount to be raised and the purpose thereof. If a	2701
majority of all votes cast at such election upon the proposition	2702
is in favor thereof, the tax provided for is authorized.	2703

Upon the authorization of such tax levy the board may issue	2704
notes in anticipation of such revenues, to mature in not more than	2705
two years from the date of issue, and to bear interest at not more	2706
than four per cent per annum.	2707

Sec. 511.01. If, in a township, a town hall is to be built,	2708
improved, enlarged, or removed at a cost greater than ten thousand	2709
dollars, the board of township trustees shall submit the question	2710
to the electors of such township and shall certify their	2711
resolution to the board of elections not later than four p.m. of	2712
the ~~seventy-fifth~~eighty-fifth day before the day of the election.	2713

Sec. 511.22. The board of township trustees shall direct the	2714
township fiscal officer to file a written notice, not later than	2715
four p.m. of the ~~seventy-fifth~~eighty-fifth day before the day of	2716
the election, with the board of elections having charge of the	2717
preparation of official ballots, that an election will be held as	2718
provided in section 511.21 of the Revised Code and that the	2719
following shall be printed on the ballot:	2720

"	YES	SHALL A PUBLIC PARK OR	2721
	NO	PUBLIC PARKS BE ESTABLISHED	2722
	IN .....(NAME)..... TOWNSHIP?"	2723

If a majority of the votes is in favor of the proposition, a	2724
park or parks shall be established for the township. If a majority	2725
of the votes cast is against the proposition, the board of park	2726
commissioners shall be abolished, and the board of township	2727
trustees shall provide for and pay all the proper expenses	2728
incurred by it.	2729

Sec. 511.27. (A) To defray the expenses of the township park	2730
district and for purchasing, appropriating, operating,	2731
maintaining, and improving lands for parks or recreational	2732
purposes, the board of park commissioners may levy a sufficient	2733
tax within the ten-mill limitation, not to exceed one mill on each	2734
dollar of valuation on all real and personal property within the	2735
township, and on all real and personal property within any	2736
municipal corporation that is within the township, that was within	2737
the township at the time that the park district was established,	2738
or the boundaries of which are coterminous with or include the	2739
township. The levy shall be over and above all other taxes and	2740
limitations on such property authorized by law.	2741

(B) Except as otherwise provided in division (C) of this	2742
section, the board of park commissioners, not less than	2743
~~seventy-five~~eighty-five days before the day of the election, may	2744
declare by resolution that the amount of taxes that may be raised	2745
within the ten-mill limitation will be insufficient to provide an	2746
adequate amount for the necessary requirements of the district and	2747
that it is necessary to levy a tax in excess of that limitation	2748
for the use of the district. The resolution shall specify the	2749
purpose for which the taxes shall be used, the annual rate	2750
proposed, and the number of consecutive years the levy will be in	2751
effect. Upon the adoption of the resolution, the question of	2752
levying the taxes shall be submitted to the electors of the	2753
township and the electors of any municipal corporation that is	2754
within the township, that was within the township at the time that	2755
the park district was established, or the boundaries of which are	2756
coterminous with or include the township, at a special election to	2757
be held on whichever of the following occurs first:	2758

(1) The day of the next ensuing general election;

2759

(2) The first Tuesday after the first Monday in May of any	2760
calendar year, except that, if a presidential primary election is	2761
held in that calendar year, then the day of that election.	2762

The rate submitted to the electors at any one election shall	2763
not exceed two mills annually upon each dollar of valuation. If a	2764
majority of the electors voting upon the question of the levy vote	2765
in favor of the levy, the tax shall be levied on all real and	2766
personal property within the township and on all real and personal	2767
property within any municipal corporation that is within the	2768
township, that was within the township at the time that the park	2769
district was established, or the boundaries of which are	2770
coterminous with or include the township, and the levy shall be	2771
over and above all other taxes and limitations on such property	2772
authorized by law.	2773

(C) In any township park district that contains only	2774
unincorporated territory, if the township board of park	2775
commissioners is appointed by the board of township trustees,	2776
before a tax can be levied and certified to the county auditor	2777
pursuant to section 5705.34 of the Revised Code or before a	2778
resolution for a tax levy can be certified to the board of	2779
elections pursuant to section 511.28 of the Revised Code, the	2780
board of park commissioners shall receive approval for its levy	2781
request from the board of township trustees. The board of park	2782
commissioners shall adopt a resolution requesting the board of	2783
township trustees to approve the levy request, stating the annual	2784
rate of the proposed levy and the reason for the levy request. On	2785
receiving this request, the board of township trustees shall vote	2786
on whether to approve the request and, if a majority votes to	2787
approve it, shall issue a resolution approving the levy at the	2788
requested rate.	2789

Sec. 511.28. A copy of any resolution for a tax levy adopted	2790
by the township board of park commissioners as provided in section	2791
511.27 of the Revised Code shall be certified by the clerk of the	2792
board of park commissioners to the board of elections of the	2793
proper county, together with a certified copy of the resolution	2794
approving the levy, passed by the board of township trustees if	2795
such a resolution is required by division (C) of section 511.27 of	2796
the Revised Code, not less than ~~seventy-five~~eighty-five days	2797
before a general or primary election in any year. The board of	2798
elections shall submit the proposal to the electors as provided in	2799
section 511.27 of the Revised Code at the succeeding general or	2800
primary election. A resolution to renew an existing levy may not	2801
be placed on the ballot unless the question is submitted at the	2802
general election held during the last year the tax to be renewed	2803
may be extended on the real and public utility property tax list	2804
and duplicate, or at any election held in the ensuing year. The	2805
board of park commissioners shall cause notice that the vote will	2806
be taken to be published once a week for two consecutive weeks	2807
prior to the election in a newspaper of general circulation in the	2808
county within which the park district is located. Additionally, if	2809
the board of elections operates and maintains a web site, the	2810
board of elections shall post that notice on its web site for	2811
thirty days prior to the election. The notice shall state the	2812
purpose of the proposed levy, the annual rate proposed expressed	2813
in dollars and cents for each one hundred dollars of valuation as	2814
well as in mills for each one dollar of valuation, the number of	2815
consecutive years during which the levy shall be in effect, and	2816
the time and place of the election.	2817

The form of the ballots cast at the election shall be: "An	2818
additional tax for the benefit of (name of township park district)	2819
.......... for the purpose of (purpose stated in the order of the	2820
board) .......... at a rate not exceeding .......... mills for	2821
each one dollar of valuation, which amounts to (rate expressed in	2822
dollars and cents) .......... for each one hundred dollars of	2823
valuation, for (number of years the levy is to run) ..........	2824

2825

		FOR THE TAX LEVY			2826
		AGAINST THE TAX LEVY	"		2827

2828

If the levy submitted is a proposal to renew, increase, or	2829
decrease an existing levy, the form of the ballot specified in	2830
this section may be changed by substituting for the words "An	2831
additional" at the beginning of the form, the words "A renewal of	2832
a" in the case of a proposal to renew an existing levy in the same	2833
amount; the words "A renewal of .......... mills and an increase	2834
of .......... mills to constitute a" in the case of an increase;	2835
or the words "A renewal of part of an existing levy, being a	2836
reduction of .......... mills, to constitute a" in the case of a	2837
decrease in the rate of the existing levy.	2838

If the tax is to be placed on the current tax list, the form	2839
of the ballot shall be modified by adding, after the statement of	2840
the number of years the levy is to run, the phrase ", commencing	2841
in .......... (first year the tax is to be levied), first due in	2842
calendar year .......... (first calendar year in which the tax	2843
shall be due)."	2844

The question covered by the order shall be submitted as a	2845
separate proposition, but may be printed on the same ballot with	2846
any other proposition submitted at the same election, other than	2847
the election of officers. More than one such question may be	2848
submitted at the same election.	2849

Sec. 511.33. In paying any expenses of park management and	2850
of improvements authorized by section 511.32 of the Revised Code,	2851
the board of township trustees may appropriate and use for these	2852
purposes any funds in the township treasury then unappropriated	2853
for any other purpose. If there are no available funds in the	2854
treasury or an insufficient amount to pay for the desired park	2855
management and improvements in any year, the board may levy a tax	2856
in order to pay for the park management and improvements. The tax	2857
shall be levied upon all of the taxable property in the township	2858
and shall be certified, levied, and collected in the manner	2859
prescribed for the certification, levy, and collection of other	2860
township taxes. The money so raised shall be paid over to the	2861
township fiscal officer, and the fiscal officer shall pay the	2862
money out on the order of the board. If a sum greater than two	2863
thousand dollars is to be expended by the board for park	2864
management and improvement purposes in any one year, and the sum	2865
is not available from any unappropriated money in the township	2866
treasury, the question of levying the additional tax shall, before	2867
making a levy that will amount to more than two thousand dollars,	2868
be submitted to and approved by a majority of the electors of the	2869
township voting on the question. If the election is necessary, it	2870
shall be called at a regular meeting of the board, and the	2871
resolution shall be certified to the board of elections not later	2872
than four p.m. of the ~~seventy-fifth~~eighty-fifth day before the	2873
day of the election.	2874

Twenty days' notice of the election shall be given by the	2875
posting of notices of the election by the township fiscal officer	2876
in ten public places in the township, and provisions for holding	2877
the election shall be made by the board of elections upon	2878
receiving notice of the date and purpose of the election from the	2879
fiscal officer. This section and section 511.32 of the Revised	2880
Code do not repeal, affect, or modify any law relating to park	2881
commissioners, or prevent the appointment of park commissioners in	2882
the future.	2883

Sec. 511.34. In townships composed of islands, and on one of	2884
which islands lands have been conveyed in trust for the benefit of	2885
the inhabitants of the island for use as a park, and a board of	2886
park trustees has been provided for the control of the park, the	2887
board of township trustees may create a tax district of the island	2888
to raise funds by taxation as provided under divisions (A) and (B)	2889
of this section.	2890

(A) For the care and maintenance of parks on the island, the	2891
board of township trustees annually may levy a tax, not to exceed	2892
one mill, upon all the taxable property in the district. The tax	2893
shall be in addition to all other levies authorized by law, and	2894
subject to no limitation on tax rates except as provided in this	2895
division.	2896

The proceeds of the tax levy shall be expended by the board	2897
of township trustees for the purpose of the care and maintenance	2898
of the parks, and shall be paid out of the township treasury upon	2899
the orders of the board of park trustees.	2900

(B) For the purpose of acquiring additional land for use as a	2901
park, the board of township trustees may levy a tax in excess of	2902
the ten-mill limitation on all taxable property in the district.	2903
The tax shall be proposed by resolution adopted by two-thirds of	2904
the members of the board of township trustees. The resolution	2905
shall specify the purpose and rate of the tax and the number of	2906
years the tax will be levied, which shall not exceed five years,	2907
and which may include a levy on the current tax list and	2908
duplicate. The resolution shall go into immediate effect upon its	2909
passage, and no publication of the resolution is necessary other	2910
than that provided for in the notice of election. The board of	2911
township trustees shall certify a copy of the resolution to the	2912
proper board of elections not later than ~~seventy-five~~eighty-five	2913
days before the primary or general election in the township, and	2914
the board of elections shall submit the question of the tax to the	2915
voters of the district at the succeeding primary or general	2916
election. The board of elections shall make the necessary	2917
arrangements for the submission of the question to the electors of	2918
the district, and the election shall be conducted, canvassed, and	2919
certified in the same manner as regular elections in the township	2920
for the election of officers. Notice of the election shall be	2921
published in a newspaper of general circulation in the township	2922
once a week for two consecutive weeks prior to the election and,	2923
if the board of elections operates and maintains a web site,	2924
notice of the election also shall be posted on that web site for	2925
thirty days prior to the election. The notice shall state the	2926
purpose of the tax, the proposed rate of the tax expressed in	2927
dollars and cents for each one hundred dollars of valuation and	2928
mills for each one dollar of valuation, the number of years the	2929
tax will be in effect, the first year the tax will be levied, and	2930
the time and place of the election.	2931

The form of the ballots cast at an election held under this	2932
division shall be as follows:	2933

"An additional tax for the benefit of ......... (name of the	2934
township) for the purpose of acquiring additional park land at a	2935
rate of ......... mills for each one dollar of valuation, which	2936
amounts to ........ (rate expressed in dollars and cents) for each	2937
one hundred dollars of valuation, for ......... (number of years	2938
the levy is to run) beginning in ........... (first year the tax	2939
will be levied).	2940

2941

		FOR THE TAX LEVY			2942
		AGAINST THE TAX LEVY	"		2943

2944

The question shall be submitted as a separate proposition but	2945
may be printed on the same ballot with any other proposition	2946
submitted at the same election other than the election of	2947
officers. More than one such question may be submitted at the same	2948
election.	2949

If the levy is approved by a majority of electors voting on	2950
the question, the board of elections shall certify the result of	2951
the election to the tax commissioner. In the first year of the	2952
levy, the tax shall be extended on the tax lists after the	2953
February settlement following the election. If the tax is to be	2954
placed on the tax lists of the current year as specified in the	2955
resolution, the board of elections shall certify the result of the	2956
election immediately after the canvass to the board of township	2957
trustees, which shall forthwith make the necessary levy and	2958
certify the levy to the county auditor, who shall extend the levy	2959
on the tax lists for collection. After the first year of the levy,	2960
the levy shall be included in the annual tax budget that is	2961
certified to the county budget commission.	2962

Sec. 513.06. Upon the execution of the agreement provided	2963
for in section 513.05 of the Revised Code, the board of township	2964
trustees shall submit the question of the ratification of such	2965
agreement to the electors of the township at the next general	2966
election occurring not less than ~~seventy-five~~eighty-five days	2967
after the certification of the resolution to the board of	2968
elections. If the sums to be paid by the township under such	2969
agreement are not available from current general revenue of such	2970
township, the board shall also submit to the electors, at the same	2971
election, the question of the issue of bonds of the township, in	2972
the amount specified in such agreement, for the purpose of	2973
providing funds for the payment thereof. The proceedings in the	2974
matter of such election and in the issuance and sale of such bonds	2975
shall be as provided by Chapter 133. of the Revised Code. Such	2976
agreement shall not be effective, and no bonds shall be issued,	2977
unless the electors approve both the agreement and the bond issue,	2978
if the question of the issue of bonds is submitted.	2979

Sec. 513.13. The board of elections of the county in which a	2980
joint township hospital district, or the most populous portion of	2981
such district, lies shall, by resolution approved by a two-thirds	2982
vote of the joint township district hospital board, place upon the	2983
ballot for submission to the electorate of such district, at the	2984
next primary or general election, occurring not less than	2985
~~seventy-five~~eighty-five nor more than one hundred ~~twenty~~thirty	2986
days after the request is received from such joint township	2987
district hospital board, the question of levying a tax, not to	2988
exceed one mill outside the ten-mill limitation, for a period not	2989
to exceed five years, to provide funds for the payment of	2990
necessary expenses incurred in the operation of hospital	2991
facilities or, if required by agreement made under section 140.03	2992
of the Revised Code, for costs of hospital facilities or current	2993
operating expenses of hospital facilities, or both. Such	2994
resolution shall be certified to the board of elections not later	2995
than four p.m. of the ~~seventy-fifth~~eighty-fifth day before the	2996
day of the election. If a majority of the electors in such	2997
district voting on the proposition, vote in favor thereof, the	2998
county auditor of each county in which such district lies shall	2999
annually place a levy on the tax duplicate against the property in	3000
such district, in the amount required by the joint board of	3001
trustees of the district, but not to exceed one mill.	3002

Sec. 513.18. In the event any township, contiguous to a	3003
joint township hospital district, desires to become a part of such	3004
district in existence under sections 513.07 to 513.18 of the	3005
Revised Code, its board of township trustees, by a two-thirds	3006
favorable vote of the members of such board, after the existing	3007
joint township hospital board has, by a majority favorable vote of	3008
the members thereof, approved the terms under which such township	3009
proposes to join the district, shall become a part of the joint	3010
township district hospital board under such terms and with all the	3011
rights, privileges, and responsibilities enjoyed by and extended	3012
to the existing members of the hospital board under such sections,	3013
including representation on the board of hospital governors by the	3014
appointment of an elector of such township as a member thereof. If	3015
the terms under which such township proposes to join the hospital	3016
district involve a tax levy for the purpose of sharing the	3017
existing obligations, including bonded indebtedness, of the	3018
district or the necessary operating expenses of such hospital,	3019
such township shall not become a part of the district until its	3020
electors have approved such levy as provided in this section.	3021

Upon request of the board of township trustees of the	3022
township proposing to join such district, by resolution approved	3023
by a two-thirds vote of its members, the board of elections of the	3024
county in which the township lies shall place upon the ballot for	3025
submission to the electorate of such township at the next primary	3026
or general election occurring not less than ~~seventy-five~~	3027
eighty-five nor more than one hundred ~~twenty~~thirty days after	3028
such request is received from the board of township trustees the	3029
question of levying a tax, not to exceed one mill outside the	3030
ten-mill limitation, for a period of not to exceed five years, to	3031
provide funds for the payment of the township's share of the	3032
necessary expenses incurred in the operation of such hospital, or	3033
the question of levying a tax to pay the township's share of the	3034
existing obligations, including bonded indebtedness, of the	3035
district, or both questions may be submitted at the same primary	3036
or general election. If a majority of the electors voting on the	3037
propositions vote in favor thereof, the county auditor shall place	3038
such levies on the tax duplicate against the property in the	3039
township, which township shall thereby become a part of said joint	3040
township hospital district.	3041

Sec. 517.05. On the making of an order or the filing of an	3042
application as provided by section 517.04 of the Revised Code, the	3043
township fiscal officer shall certify the order or application to	3044
the board of elections not later than four p.m. of the	3045
~~seventy-fifth~~eighty-fifth day before the day of the election,	3046
and, at least twenty days before an election, the fiscal officer	3047
shall post written notices in at least three public places in the	3048
township that a vote will be taken on the question of the	3049
establishment of a cemetery. If a majority of the votes cast at	3050
the election on the proposition is in favor of establishing a	3051
cemetery, the board of township trustees shall procure the lands	3052
for that purpose and levy taxes as provided by section 517.03 of	3053
the Revised Code.	3054

Sec. 519.11. If the zoning resolution is adopted by the	3055
board of township trustees, such board shall cause the question of	3056
whether or not the proposed plan of zoning shall be put into	3057
effect to be submitted to the electors residing in the	3058
unincorporated area of the township included in the proposed plan	3059
of zoning for their approval or rejection at the next primary or	3060
general election, or a special election may be called for this	3061
purpose. Such resolution shall be filed with the board of	3062
elections not later than four p.m. of the ~~seventy-fifth~~	3063
eighty-fifth day before the day of the election. No zoning	3064
regulations shall be put into effect unless a majority of the vote	3065
cast on the issue is in favor of the proposed plan of zoning. Upon	3066
certification by the board of elections the resolution shall take	3067
immediate effect, if the plan was so approved.	3068

Within five working days after the resolution's effective	3069
date, the board of township trustees shall file it, including text	3070
and maps, in the office of the county recorder. The board shall	3071
also file duplicates of the same documents with the regional or	3072
county planning commission, if one exists, within the same period.	3073

The board shall file all resolutions, including text and	3074
maps, that are in effect on January 1, 1992, in the office of the	3075
county recorder within thirty working days after that date. The	3076
board shall also file duplicates of the same documents with the	3077
regional or county planning commission, if one exists, within the	3078
same period.	3079

The failure to file a resolution, or any text and maps, or	3080
duplicates of any of these documents, with the office of the	3081
county recorder or the county or regional planning commission as	3082
required by this section does not invalidate the resolution and is	3083
not grounds for an appeal of any decision of the board of zoning	3084
appeals.	3085

Sec. 519.12. (A)(1) Amendments to the zoning resolution may	3086
be initiated by motion of the township zoning commission, by the	3087
passage of a resolution by the board of township trustees, or by	3088
the filing of an application by one or more of the owners or	3089
lessees of property within the area proposed to be changed or	3090
affected by the proposed amendment with the township zoning	3091
commission. The board of township trustees may require that the	3092
owner or lessee of property filing an application to amend the	3093
zoning resolution pay a fee to defray the cost of advertising,	3094
mailing, filing with the county recorder, and other expenses. If	3095
the board of township trustees requires such a fee, it shall be	3096
required generally, for each application. The board of township	3097
trustees, upon the passage of such a resolution, shall certify it	3098
to the township zoning commission.	3099

(2) Upon the adoption of a motion by the township zoning	3100
commission, the certification of a resolution by the board of	3101
township trustees to the commission, or the filing of an	3102
application by property owners or lessees as described in division	3103
(A)(1) of this section with the commission, the commission shall	3104
set a date for a public hearing, which date shall not be less than	3105
twenty nor more than forty days from the date of the certification	3106
of such a resolution, the date of adoption of such a motion, or	3107
the date of the filing of such an application. Notice of the	3108
hearing shall be given by the commission by one publication in one	3109
or more newspapers of general circulation in the township at least	3110
ten days before the date of the hearing.	3111

(B) If the proposed amendment intends to rezone or redistrict	3112
ten or fewer parcels of land, as listed on the county auditor's	3113
current tax list, written notice of the hearing shall be mailed by	3114
the township zoning commission, by first class mail, at least ten	3115
days before the date of the public hearing to all owners of	3116
property within and contiguous to and directly across the street	3117
from the area proposed to be rezoned or redistricted to the	3118
addresses of those owners appearing on the county auditor's	3119
current tax list. The failure of delivery of that notice shall not	3120
invalidate any such amendment.	3121

(C) If the proposed amendment intends to rezone or redistrict	3122
ten or fewer parcels of land as listed on the county auditor's	3123
current tax list, the published and mailed notices shall set forth	3124
the time, date, and place of the public hearing and include all of	3125
the following:	3126

(1) The name of the township zoning commission that will be	3127
conducting the hearing;	3128

(2) A statement indicating that the motion, resolution, or	3129
application is an amendment to the zoning resolution;	3130

(3) A list of the addresses of all properties to be rezoned	3131
or redistricted by the proposed amendment and of the names of	3132
owners of those properties, as they appear on the county auditor's	3133
current tax list;	3134

(4) The present zoning classification of property named in	3135
the proposed amendment and the proposed zoning classification of	3136
that property;	3137

(5) The time and place where the motion, resolution, or	3138
application proposing to amend the zoning resolution will be	3139
available for examination for a period of at least ten days prior	3140
to the hearing;	3141

(6) The name of the person responsible for giving notice of	3142
the hearing by publication, by mail, or by both publication and	3143
mail;	3144

(7) A statement that, after the conclusion of the hearing,	3145
the matter will be submitted to the board of township trustees for	3146
its action;	3147

(8) Any other information requested by the commission.

3148

(D) If the proposed amendment alters the text of the zoning	3149
resolution, or rezones or redistricts more than ten parcels of	3150
land as listed on the county auditor's current tax list, the	3151
published notice shall set forth the time, date, and place of the	3152
public hearing and include all of the following:	3153

(1) The name of the township zoning commission that will be	3154
conducting the hearing on the proposed amendment;	3155

(2) A statement indicating that the motion, application, or	3156
resolution is an amendment to the zoning resolution;	3157

(3) The time and place where the text and maps of the	3158
proposed amendment will be available for examination for a period	3159
of at least ten days prior to the hearing;	3160

(4) The name of the person responsible for giving notice of	3161
the hearing by publication;	3162

(5) A statement that, after the conclusion of the hearing,	3163
the matter will be submitted to the board of township trustees for	3164
its action;	3165

(6) Any other information requested by the commission.

3166

(E) Within five days after the adoption of the motion	3167
described in division (A) of this section, the certification of	3168
the resolution described in division (A) of this section, or the	3169
filing of the application described in division (A) of this	3170
section, the township zoning commission shall transmit a copy of	3171
it together with text and map pertaining to it to the county or	3172
regional planning commission, if there is such a commission.	3173

The county or regional planning commission shall recommend	3174
the approval or denial of the proposed amendment or the approval	3175
of some modification of it and shall submit its recommendation to	3176
the township zoning commission. The recommendation shall be	3177
considered at the public hearing held by the township zoning	3178
commission on the proposed amendment.	3179

The township zoning commission, within thirty days after the	3180
hearing, shall recommend the approval or denial of the proposed	3181
amendment, or the approval of some modification of it, and submit	3182
that recommendation together with the motion, application, or	3183
resolution involved, the text and map pertaining to the proposed	3184
amendment, and the recommendation of the county or regional	3185
planning commission on it to the board of township trustees.	3186

The board of township trustees, upon receipt of that	3187
recommendation, shall set a time for a public hearing on the	3188
proposed amendment, which date shall not be more than thirty days	3189
from the date of the receipt of that recommendation. Notice of the	3190
hearing shall be given by the board by one publication in one or	3191
more newspapers of general circulation in the township, at least	3192
ten days before the date of the hearing.	3193

(F) If the proposed amendment intends to rezone or redistrict	3194
ten or fewer parcels of land as listed on the county auditor's	3195
current tax list, the published notice shall set forth the time,	3196
date, and place of the public hearing and include all of the	3197
following:	3198

(1) The name of the board of township trustees that will be	3199
conducting the hearing;	3200

(2) A statement indicating that the motion, application, or	3201
resolution is an amendment to the zoning resolution;	3202

(3) A list of the addresses of all properties to be rezoned	3203
or redistricted by the proposed amendment and of the names of	3204
owners of those properties, as they appear on the county auditor's	3205
current tax list;	3206

(4) The present zoning classification of property named in	3207
the proposed amendment and the proposed zoning classification of	3208
that property;	3209

(5) The time and place where the motion, application, or	3210
resolution proposing to amend the zoning resolution will be	3211
available for examination for a period of at least ten days prior	3212
to the hearing;	3213

(6) The name of the person responsible for giving notice of	3214
the hearing by publication, by mail, or by both publication and	3215
mail;	3216

(7) Any other information requested by the board.

3217

(G) If the proposed amendment alters the text of the zoning	3218
resolution, or rezones or redistricts more than ten parcels of	3219
land as listed on the county auditor's current tax list, the	3220
published notice shall set forth the time, date, and place of the	3221
public hearing and include all of the following:	3222

(1) The name of the board of township trustees that will be	3223
conducting the hearing on the proposed amendment;	3224

(2) A statement indicating that the motion, application, or	3225
resolution is an amendment to the zoning resolution;	3226

(3) The time and place where the text and maps of the	3227
proposed amendment will be available for examination for a period	3228
of at least ten days prior to the hearing;	3229

(4) The name of the person responsible for giving notice of	3230
the hearing by publication;	3231

(5) Any other information requested by the board.

3232

(H) Within twenty days after its public hearing, the board of	3233
township trustees shall either adopt or deny the recommendations	3234
of the township zoning commission or adopt some modification of	3235
them. If the board denies or modifies the commission's	3236
recommendations, a majority vote of the board shall be required.	3237

The proposed amendment, if adopted by the board, shall become	3238
effective in thirty days after the date of its adoption, unless,	3239
within thirty days after the adoption, there is presented to the	3240
board of township trustees a petition, signed by a number of	3241
registered electors residing in the unincorporated area of the	3242
township or part of that unincorporated area included in the	3243
zoning plan equal to not less than eight per cent of the total	3244
vote cast for all candidates for governor in that area at the most	3245
recent general election at which a governor was elected,	3246
requesting the board of township trustees to submit the amendment	3247
to the electors of that area for approval or rejection at a	3248
special election to be held on the day of the next primary or	3249
general election that occurs at least ~~seventy-five~~eighty-five	3250
days after the petition is filed. Each part of this petition	3251
shall contain the number and the full and correct title, if any,	3252
of the zoning amendment resolution, motion, or application,	3253
furnishing the name by which the amendment is known and a brief	3254
summary of its contents. In addition to meeting the requirements	3255
of this section, each petition shall be governed by the rules	3256
specified in section 3501.38 of the Revised Code.	3257

The form of a petition calling for a zoning referendum and	3258
the statement of the circulator shall be substantially as follows:	3259

"PETITION FOR ZONING REFERENDUM	3260

(if the proposal is identified by a particular name or number, or	3261
both, these should be inserted here) .......................	3262

A proposal to amend the zoning map of the unincorporated area	3263
of ............. Township, ................. County, Ohio, adopted	3264
.....(date)..... (followed by brief summary of the proposal).	3265

To the Board of Township Trustees of .....................	3266
Township, ................. County, Ohio:	3267

We, the undersigned, being electors residing in the	3269
unincorporated area of ....................... Township, included	3270
within the ............. Township Zoning Plan, equal to not less	3271
than eight per cent of the total vote cast for all candidates for	3272
governor in the area at the preceding general election at which a	3273
governor was elected, request the Board of Township Trustees to	3274
submit this amendment of the zoning resolution to the electors of	3275
........................ Township residing within the	3276
unincorporated area of the township included in the	3277
.................. Township Zoning Resolution, for approval or	3278
rejection at a special election to be held on the day of the	3279
primary or general election to be held on .....(date).....,	3280
pursuant to section 519.12 of the Revised Code.	3281

	Street Address				Date of	3282
Signature	or R.F.D.	Township	Precinct	County	Signing	3283
	3284
	3285

STATEMENT OF CIRCULATOR	3286

I, .............(name of circulator).........., declare under	3287
penalty of election falsification that I am an elector of the	3288
state of Ohio and reside at the address appearing below my	3289
signature; that I am the circulator of the foregoing part petition	3290
containing .......(number)....... signatures; that I have	3291
witnessed the affixing of every signature; that all signers were	3292
to the best of my knowledge and belief qualified to sign; and that	3293
every signature is to the best of my knowledge and belief the	3294
signature of the person whose signature it purports to be or of an	3295
attorney in fact acting pursuant to section 3501.382 of the	3296
Revised Code.	3297

			3298
	(Signature of circulator)		3299
			3300
	(Address of circulator's permanent		3301
	residence in this state)		3302
			3303
	(City, village, or township,		3304
	and zip code)		3305

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3306
OF THE FIFTH DEGREE."	3307

The petition shall be filed with the board of township	3308
trustees and shall be accompanied by an appropriate map of the	3309
area affected by the zoning proposal. Within two weeks after	3310
receiving a petition filed under this section, the board of	3311
township trustees shall certify the petition to the board of	3312
elections. A petition filed under this section shall be certified	3313
to the board of elections not less than ~~seventy-five~~eighty-five	3314
days prior to the election at which the question is to be voted	3315
upon.	3316

The board of elections shall determine the sufficiency and	3317
validity of each petition certified to it by a board of township	3318
trustees under this section. If the board of elections determines	3319
that a petition is sufficient and valid, the question shall be	3320
voted upon at a special election to be held on the day of the next	3321
primary or general election that occurs at least ~~seventy-five~~	3322
eighty-five days after the date the petition is filed with the	3323
board of township trustees, regardless of whether any election	3324
will be held to nominate or elect candidates on that day.	3325

No amendment for which such a referendum vote has been	3326
requested shall be put into effect unless a majority of the vote	3327
cast on the issue is in favor of the amendment. Upon certification	3328
by the board of elections that the amendment has been approved by	3329
the voters, it shall take immediate effect.	3330

Within five working days after an amendment's effective date,	3331
the board of township trustees shall file the text and maps of the	3332
amendment in the office of the county recorder and with the county	3333
or regional planning commission, if one exists.	3334

The failure to file any amendment, or any text and maps, or	3335
duplicates of any of these documents, with the office of the	3336
county recorder or the county or regional planning commission as	3337
required by this section does not invalidate the amendment and is	3338
not grounds for an appeal of any decision of the board of zoning	3339
appeals.	3340

Sec. 519.25. In any township in which there is in force a	3341
plan of township zoning, the plan may be repealed by the board of	3342
township trustees in the following manner:	3343

(A) The board may adopt a resolution upon its own initiative.

3344

(B) The board shall adopt a resolution if there is presented	3345
to it a petition, similar in all relevant aspects to that	3346
prescribed in section 519.12 of the Revised Code, signed by a	3347
number of qualified electors residing in the unincorporated area	3348
of such township included in the zoning plan equal to not less	3349
than eight per cent of the total vote cast for all candidates for	3350
governor in such area at the most recent general election at which	3351
a governor was elected, requesting that the question of whether or	3352
not the plan of zoning in effect in such township shall be	3353
repealed be submitted to the electors residing in the	3354
unincorporated area of the township included in the zoning plan at	3355
a special election to be held on the day of the next primary or	3356
general election. The resolution adopted by the board of township	3357
trustees to cause such question to be submitted to the electors	3358
shall be certified to the board of elections not later than	3359
~~seventy-five~~eighty-five days prior to the day of election at	3360
which said question is to be voted upon. In the event a majority	3361
of the vote cast on such question in the township is in favor of	3362
repeal of zoning, then such regulations shall no longer be of any	3363
effect. Not more than one such election shall be held in any two	3364
calendar years.	3365

Sec. 705.01. Whenever electors of any municipal corporation,	3366
equal in number to ten per cent of those who voted at the last	3367
regular municipal election, file a petition with the board of	3368
elections of the county in which such municipal corporation is	3369
situated, asking that the question of organizing the municipal	3370
corporation under any one of the plans of government provided in	3371
sections 705.41 to 705.86 of the Revised Code, be submitted to the	3372
electors thereof, such board shall at once certify that fact to	3373
the legislative authority of the municipal corporation and the	3374
legislative authority shall, within thirty days, provide for	3375
submitting such question at a special election, to be held not	3376
less than ~~seventy-five~~eighty-five days after the filing of such	3377
petition. Any such election shall be conducted in accordance with	3378
the general election laws except as otherwise provided in sections	3379
705.01 to 705.92 of the Revised Code, and the legislative	3380
authority of any municipal corporation holding such an election	3381
shall appropriate whatever money is necessary for the proper	3382
conduct of such election.	3383

Sec. 707.21. The first election of officers for a municipal	3384
corporation organized under Chapter 707,. of the Revised Code	3385
shall be held at the time of the next regular municipal election	3386
if one occurs not less than one hundred five nor more than one	3387
hundred eighty days after the creation of the municipal	3388
corporation. Otherwise a special election shall be held. Such	3389
special election may be held on the day of a primary or general	3390
election or on a date set by the board of elections. Nominations	3391
of candidates for election to municipal office at a special	3392
election shall be made by nominating petition and shall be signed	3393
by not less than twenty-five qualified electors nor more than	3394
fifty qualified electors of the township or of the portion thereof	3395
which has been incorporated into such municipal corporation, and	3396
be filed with the board of elections not less than ~~sixty~~	3397
eighty-five days before the day of the election.	3398

Municipal officers elected at such special election shall	3399
hold office until the first day of January next after the first	3400
regular municipal election occurring not less than one hundred	3401
five days after the creation of such municipal corporation.	3402

Sec. 709.29. Within thirty days after filing the conditions	3403
of annexation as provided by section 709.28 of the Revised Code	3404
with the legislative authorities of the municipal corporations,	3405
the legislative authorities of both such municipal corporations	3406
shall order the question of annexation, upon the conditions	3407
contained in the report of such commissioners, to be submitted to	3408
a vote at the next regular election or primary election, occurring	3409
not less than ~~seventy-five~~eighty-five days after the filing of	3410
such conditions with the board of elections.	3411

Each ordinance shall prescribe the manner in which the	3412
submission shall be made and shall be published in its respective	3413
municipal corporation by posters or otherwise, for a period of at	3414
least twenty days, prior to the time fixed for the election, in	3415
such manner as the legislative authority deems most expedient, and	3416
a printed copy of such conditions shall be mailed to each voter of	3417
such municipal corporations, as shown by the registration books.	3418

Sec. 709.39. The freehold electors owning lands in any	3419
portion of a village, such portion being contiguous to an	3420
adjoining township, and comprising not less than one thousand five	3421
hundred acres of land, may file a petition with the board of	3422
elections in such county requesting that an election be held to	3423
obtain the opinion of the freehold electors owning lands and	3424
residing within such portion of the village upon the question of	3425
the detachment of the portion from such village, or, upon the	3426
question of the detachment of such portion from the village and	3427
the erection of such detached portion into a new township. Such	3428
petition shall contain:	3429

(A) An accurate description of the territory sought to be	3430
detached;	3431

(B) An accurate map or plat thereof;

3432

(C) If the erection of a new township is also sought, the	3433
name proposed for such new township;	3434

(D) The name of a person to act as agent of the petitioners;

3435

(E) Signatures equal in number to fifteen per cent of the	3436
total number of votes cast at the last general election in such	3437
territory.	3438

Within ten days after the filing of such petition with the	3439
board the board shall determine whether the petition conforms to	3440
this section. If it does not conform, no further action shall be	3441
taken thereon. If it does conform, the board shall order an	3442
election, as prayed for in the petition, which election shall be	3443
held at a convenient place within the territory sought to be	3444
detached, on a day named by the board, which day shall be not less	3445
than ~~seventy-five~~eighty-five days thereafter. The board shall	3446
thereupon give ten days' notice of such election by publication in	3447
a newspaper of general circulation in such territory, and shall	3448
cause written or printed notices thereof to be posted in three or	3449
more public places in such territory. The election shall be	3450
conducted in the manner provided in Title XXXV of the Revised	3451
Code, and the judges and clerks thereof shall be designated by	3452
such board.	3453

If no freehold electors own lands in the portion of the	3454
village seeking to be detached, the owners of lands within that	3455
portion may file a petition with the board of county commissioners	3456
requesting that the board proceed with the detachment procedures,	3457
or with procedures for the detachment and erection of the portion	3458
of the village into a new township, pursuant to section 709.38 of	3459
the Revised Code. The petition shall contain the items required in	3460
divisions (A), (B), and (D) of this section, and signatures equal	3461
in number to at least a majority of the owners of land within the	3462
portion of the village seeking to be detached.	3463

The ballots shall contain the words "for detachment," and	3464
"against detachment." If a majority of the ballots cast at such	3465
election are cast against detachment, no further proceedings shall	3466
be had in relation thereto for a period of two years. If a	3467
majority of the votes cast at such election are cast for	3468
detachment, the result of such election, together with the	3469
original petition and plat and a transcript of all the proceedings	3470
of such board in reference thereto shall be certified by the board	3471
and delivered to the county recorder, who shall forthwith make a	3472
record of the petition and plat and transcript of all the	3473
proceedings of the board and the result of the election, in the	3474
public book of records, and preserve in ~~his~~the recorder's office	3475
the original papers delivered to ~~him~~the recorder by such board.	3476
The recorder shall certify thereon that the transcribed petition	3477
and map are properly recorded. ~~When the recorder has~~After having	3478
made such record, hethe recorder shall certify and forward to the	3479
secretary of state, a transcript thereof.	3480

The detachment of such territory from the village shall	3481
thereupon be complete, and, if the petition included a request	3482
that such territory be erected into a new township, the territory	3483
shall thereupon constitute a new township, under the name and	3484
style specified in such petition. All expense involved in holding	3485
such election, and in the filing, recording, and transcribing of	3486
the records, provided for in this section, shall be defrayed by	3487
the petitioners, and the board and the recorder may require the	3488
payment thereof in advance as a condition precedent to the taking	3489
by them, or either of them, of any action provided for in this	3490
section.	3491

Sec. 709.45. (A) A petition may be filed with the board of	3492
elections proposing that one or more municipal corporations be	3493
merged with another municipal corporation, or that the	3494
unincorporated area of a township be merged with one or more	3495
municipal corporations, as provided by section 709.44 of the	3496
Revised Code. The petition may be presented in separate petition	3497
papers. Each petition paper shall contain, in concise language,	3498
the purpose of the petition and the names of not less than five	3499
electors of each affected municipal corporation, or the names of	3500
not less than five electors of the unincorporated area of the	3501
township and the names of not less than five electors of each	3502
affected municipal corporation, to be nominated to serve as	3503
commissioners. The petition shall be governed by the rules of	3504
section 3501.38 of the Revised Code. The petition shall contain	3505
signatures of electors of each municipal corporation or of each	3506
municipal corporation and the unincorporated area of the township	3507
proposed to be merged and signatures of electors of the municipal	3508
corporation with which merger is proposed, numbering not less than	3509
ten per cent of the number of electors residing in each such	3510
political subdivision who voted for the office of governor at the	3511
most recent general election for that office.	3512

(B) The petition shall be filed with the board of elections	3513
of the county in which the largest portion of the population of	3514
the municipal corporation with which merger is proposed resides.	3515
The board of elections shall cause the validity of all signatures	3516
to be ascertained and, in doing so, may require the assistance of	3517
boards of elections of other counties as the case requires. If the	3518
petition is sufficient, the board of elections of the county in	3519
which the petition is required to be filed shall submit the	3520
question: "Shall a commission be chosen to draw up a statement of	3521
conditions for merger of the political subdivisions of .........,	3522
..........., and ...........?" for the approval or rejection of	3523
the electors of each political subdivision proposed to be merged	3524
and the electors of the municipal corporation to which merger is	3525
proposed at the next general election, in any year, occurring	3526
subsequent to the period ending ~~seventy-five~~eighty-five days	3527
after the filing of the petition with the board. Provision shall	3528
be made on the ballot for the election, from each of the component	3529
political subdivisions, of five electors who shall constitute the	3530
commission to draw up the statement of conditions for merger of	3531
the political subdivisions. If any of the political subdivisions	3532
for which merger is proposed are located wholly or partially in a	3533
county other than the one in which the petition is required to be	3534
filed, the board of elections of the county in which the petition	3535
is filed shall, if the petition is found to be sufficient, certify	3536
the sufficiency of the petition and the statement of the issue to	3537
be voted on to the boards of elections of those other counties;	3538
the boards of elections of those other counties shall submit the	3539
question of merging and the names of candidates to be elected to	3540
the commission to draw up the statement of conditions for merger,	3541
for the approval or rejection of the electors in the portions of	3542
those political subdivisions within their respective counties;	3543
and, upon the holding of the election, the boards of elections of	3544
those other counties shall certify the election results to the	3545
board of elections of the county in which the petition is required	3546
to be filed.	3547

(C) In addition to the filing of the petition with the board	3548
of elections as provided in division (B) of this section, a copy	3549
of the petition shall be filed with the legislative authority of	3550
each affected municipal corporation and, if applicable, the board	3551
of township trustees of the affected township. At a public meeting	3552
scheduled not less than thirty days before the date of the	3553
election at which the question of merging goes before the	3554
electors, each of those legislative authorities and, if	3555
applicable, the board of township trustees shall state and explain	3556
their position on the proposed merger.	3557

Sec. 709.462. (A) Once proposed merger conditions are	3558
prepared, the members of the commission shall vote on them.	3559

(B) If no proposed merger condition can be agreed upon by a	3560
majority of the members of the commission from each political	3561
subdivision, the members of the commission may vote on whether the	3562
merger should not occur. If, in that situation, a majority of the	3563
members of the commission from each political subdivision votes	3564
against the merger, no further proceedings shall be had on the	3565
petition filed under section 709.45 of the Revised Code, and no	3566
further petitions shall be filed under that section proposing a	3567
merger of any or all of the political subdivisions that were the	3568
subjects of that petition for at least three years after the date	3569
of the commission's vote.	3570

(C) If proposed merger conditions are agreed upon by a	3571
majority of the members of the commission from each political	3572
subdivision, the commission shall issue a report listing the	3573
conditions agreed to and the reasoning behind adopting each	3574
condition. In addition, after the next general election occurring	3575
after the election of the members of the commission, but not less	3576
than ~~seventy-five~~eighty-five days preceding the second general	3577
election occurring after the election of the members of the	3578
commission, the commission, unless it has ceased to exist under	3579
division (D) of this section, shall certify the fact of that	3580
agreement and a list of the agreed-to merger conditions to the	3581
board of elections of each of the counties in which the political	3582
subdivisions proposed for merger are located. The question of the	3583
approval or rejection of the merger conditions shall be submitted	3584
to the voters at that second general election occurring after the	3585
election of the members of the commission. The boards of elections	3586
shall submit the merger conditions for the approval or rejection	3587
of the electors in the portions of the political subdivisions	3588
within their respective counties, and, upon the holding of the	3589
election, each board of elections other than the board of the	3590
county in which the petition is required to be filed shall certify	3591
its results to the board of elections of the county in which the	3592
petition is required to be filed.	3593

(D) Regardless of whether a merger commission succeeds in	3594
reaching an agreement, the commission shall cease to exist on the	3595
~~seventy-fifth~~eighty-fifth day preceding the next general election	3596
occurring after the election of the members of the commission,	3597
unless the commission requests an extension of time from the	3598
legislative authority of each political subdivision involved and	3599
each of those legislative authorities approves the extension. This	3600
extension of time may be only until the ~~seventy-fifth~~eighty-fifth	3601
day preceding the second general election occurring after the	3602
election of the members of the commission. If the commission	3603
ceases to exist under this division, no further petitions shall be	3604
filed under section 709.45 of the Revised Code proposing a merger	3605
of any or all of the political subdivisions that were the subjects	3606
of the petition considered by the commission for at least three	3607
years after the date the commission ceases to exist.	3608

Sec. 709.48. On and after the date on which a petition is	3609
filed with the board of elections under section 709.45 of the	3610
Revised Code for the election of a merger commission for the	3611
merger of one or more municipal corporations and the	3612
unincorporated territory of a township, no petition for the	3613
annexation of any part of the unincorporated territory of the	3614
township shall be filed with a board of county commissioners under	3615
section 709.03 or 709.15 of the Revised Code, until one of the	3616
following occurs:	3617

(A) The question of forming a merger commission is defeated	3618
at the election provided for under section 709.45 of the Revised	3619
Code by a majority of the electors of any one of the municipal	3620
corporations or the unincorporated territory of the township in	3621
which the election is held.	3622

(B) The merger commission elected pursuant to section 709.45	3623
of the Revised Code fails to reach agreement on merger conditions	3624
by the ~~seventy-fifth~~eighty-fifth day preceding the next general	3625
election occurring after the election of the members of the	3626
commission or, if the time for the commission's existence is	3627
extended under division (D) of section 709.462 of the Revised	3628
Code, by the date that extension ceases, whichever is later.	3629

(C) The merger conditions agreed upon by the merger	3630
commission are defeated by a majority of the electors of any one	3631
of the municipal corporations or the unincorporated territory of	3632
the township in which the election on the conditions is held.	3633

Sec. 709.50. (A) Notwithstanding any other section of the	3634
Revised Code, when a township contains at least ninety per cent of	3635
the geographic area of a municipal corporation, either that	3636
township or the municipal corporation may remove that part of that	3637
township that is located within the municipal corporation from	3638
that township if all of the following apply:	3639

(1) The electors of the township and the municipal	3640
corporation have voted to approve the establishment of a merger	3641
commission pursuant to section 709.45 of the Revised Code.	3642

(2) The unincorporated territory of the township has a	3643
population of more than nine thousand.	3644

(3) The township has previously adopted a limited home rule	3645
government under Chapter 504. of the Revised Code and a township	3646
zoning resolution under Chapter 519. of the Revised Code.	3647

(4) Not later than December 31, 1994, either the township	3648
adopts a resolution or the municipal corporation adopts a	3649
resolution or ordinance to remove that part of the township that	3650
is located in the municipal corporation from the township. Any	3651
resolution or ordinance adopted under division (A)(4) of this	3652
section shall include an accurate description of the land to be	3653
removed. The political subdivision that adopts an ordinance or	3654
resolution under division (A)(4) of this section shall file with	3655
the county recorder a copy of it certified by the county auditor,	3656
together with a map or plat certified by the county auditor of the	3657
land to be removed. The county recorder shall record the ordinance	3658
or resolution and the map or plat.	3659

(B) If either the township or the municipal corporation takes	3660
the action described in division (A)(4) of this section, the	3661
removal shall occur. After the removal, the unincorporated	3662
territory of the township shall no longer receive any revenue by	3663
virtue of its relationship to the municipal corporation. As soon	3664
as practicable after a removal occurs under this section, the	3665
board of county commissioners shall ascertain whether there is any	3666
joint indebtedness of the unincorporated territory of the township	3667
and the municipal corporation. If there is any such indebtedness,	3668
the board of county commissioners shall apportion it in accordance	3669
with section 503.10 of the Revised Code.	3670

(C)(1) If a removal occurs under this section, all or part of	3671
the unincorporated territory of the township may become a village	3672
if the board of township trustees adopts, by unanimous vote, a	3673
resolution for all or part of that territory to become a village.	3674
The board of township trustees shall file with the county recorder	3675
a copy of any resolution it adopts under division (C)(1) of this	3676
section certified by the county auditor, together with a map or	3677
plat certified by the county auditor of the land to be included in	3678
the village. The county recorder shall record the resolution and	3679
the map or plat. Once the board adopts a resolution under division	3680
(C)(1) of this section, no land within the area that will	3681
constitute the village may be annexed, and any pending annexation	3682
proceeding that includes land in that area shall be considered to	3683
be terminated with regard to that land.	3684

(2) If the board does not adopt a resolution under division	3685
(C)(1) of this section, or if the board adopts such a resolution	3686
in which only a part of the unincorporated territory becomes a	3687
village, the board of county commissioners shall attach all the	3688
unincorporated territory that does not become a village to any	3689
township contiguous to that territory or erect that territory into	3690
a new township, the boundaries of which need not include	3691
twenty-two square miles of territory.	3692

(D) If a board of township trustees adopts a resolution under	3693
division (C)(1) of this section for all or part of the township's	3694
unincorporated territory to become a village, the board shall	3695
serve as the legislative authority of the area constituting the	3696
village until the next regular municipal election that occurs at	3697
least ~~seventy-five~~eighty-five days after the adoption of the	3698
resolution. At that election, the legislative authority of the	3699
village shall be elected under section 731.09 of the Revised Code	3700
and all other officers of the village shall be elected under	3701
Chapter 733. of the Revised Code.	3702

Sec. 715.69. (A) As used in this section:

3703

(1) "Contracting party" means a municipal corporation that	3704
has entered into a joint economic development zone contract or any	3705
party succeeding to such a municipal corporation.	3706

(2) "Contract for utility services" means a contract under	3707
which a municipal corporation agrees to provide to another	3708
municipal corporation water, sewer, electric, or other utility	3709
services necessary to the public health, safety, and welfare.	3710

(3) "Joint economic development zone contract" means a	3711
contract described in and entered into under division (B) of this	3712
section.	3713

(4) "Zone" means a joint economic development zone designated	3714
under this section.	3715

(B) Two or more municipal corporations may enter into a	3716
contract whereby they agree to share in the costs of improvements	3717
for an area or areas located in one or more of the contracting	3718
parties that they designate as a joint economic development zone	3719
for the purpose of facilitating new or expanded growth for	3720
commercial or economic development in the state. Except as	3721
otherwise provided in division (I) of this section, the contract	3722
and zone shall meet the requirements of divisions (B) to (H) of	3723
this section.	3724

(C) The contract shall set forth each contracting party's	3725
contribution to the joint economic development zone. The	3726
contributions may be in any form that the contracting parties	3727
agree to, subject to divisions (G) and (I) of this section, and	3728
may include, but are not limited to, the provision of services,	3729
money, or equipment. The contract may provide for the contracting	3730
parties to distribute among themselves, in the manner they agree	3731
to, any municipal income tax revenues derived from the income	3732
earned by persons employed by businesses that locate within the	3733
zone after it is designated by the contracting parties and from	3734
the net profits of such businesses. Except as provided in	3735
divisions (G) and (I) of this section, the contract may be	3736
amended, renewed, or terminated with the consent of the	3737
contracting parties.	3738

(D) Before the legislative authority of any of the	3739
contracting parties enacts an ordinance approving a contract to	3740
designate a joint economic development zone, the legislative	3741
authority of each of the contracting parties shall hold a public	3742
hearing concerning the contract and zone. Each such legislative	3743
authority shall provide at least thirty days' public notice of the	3744
time and place of the public hearing in a newspaper of general	3745
circulation in the municipal corporation. During the thirty-day	3746
period prior to the public hearing, all of the following documents	3747
shall be available for public inspection in the office of the	3748
clerk of the legislative authority of each of the contracting	3749
parties:	3750

(1) A copy of the contract designating the zone;

3751

(2) A description of the area or areas to be included in the	3752
zone, including a map in sufficient detail to denote the specific	3753
boundaries of the area or areas;	3754

(3) An economic development plan for the zone that includes a	3755
schedule for the provision of any new, expanded, or additional	3756
services, facilities, or improvements.	3757

A public hearing held under division (D) of this section	3758
shall allow for public comment and recommendations on the contract	3759
and zone. The contracting parties may include in the contract any	3760
of those recommendations prior to approval of the contract.	3761

(E) After the public hearings required under division (D) of	3762
this section have been held, each contracting party may enact an	3763
ordinance approving the contract to designate a joint economic	3764
development zone. After each contracting party has enacted such an	3765
ordinance, the clerk of the legislative authority of each	3766
contracting party shall file with the board of elections of each	3767
county within which a contracting party is located a copy of the	3768
ordinance approving the contract and shall direct the board of	3769
elections to submit the ordinance to the electors of the	3770
contracting party on the day of the next general, primary, or	3771
special election occurring at least ~~seventy-five~~eighty-five days	3772
after the ordinance is filed with the board of elections.	3773

(F) The ballot shall be in the following form:

3774

"Shall the ordinance of the legislative authority of the	3775
(city or village) of (name of contracting party) approving the	3776
contract with (name of each other contracting party) for the	3777
designation of a joint economic development zone be approved?	3778

3779

		FOR THE ORDINANCE AND CONTRACT			3780
		AGAINST THE ORDINANCE AND CONTRACT	"		3781

3782

If a majority of the electors of each contracting party voting on	3783
the issue vote for the ordinance and contract, the ordinance shall	3784
become effective immediately and the contract shall go into effect	3785
immediately or in accordance with its terms.	3786

(G) If two or more contracting parties previously have	3787
entered into a separate contract for utility services, then	3788
amendment, renewal, or termination of the separate contract for	3789
utility services shall not constitute a part of the consideration	3790
for a joint economic development zone contract unless the	3791
legislative authority of each contracting party determines all of	3792
the following:	3793

(1) That the creation of the joint economic development zone	3794
will facilitate new or expanded growth for commercial or economic	3795
development in this state;	3796

(2) That substantial consideration exists to support the	3797
joint economic development zone contract;	3798

(3) That the contracting parties are entering into the joint	3799
economic development zone contract freely and without duress or	3800
coercion related to the amendment, renewal, or termination of the	3801
separate contract for utility services.	3802

(H) A joint economic development zone contract that does not	3803
satisfy division (G) of this section is void and unenforceable. If	3804
the joint economic development zone contract provides for the	3805
extension of utility service or the provision of utility service	3806
at a lower rate than is currently in effect, any action claiming	3807
duress or coercion relating to a joint economic development zone	3808
contract may be brought only by a contracting party, and must be	3809
brought before the contracting parties enter into the joint	3810
economic development zone contract. The signing of the joint	3811
economic development zone contract as authorized by the	3812
contracting parties is conclusive evidence as to the	3813
determinations set forth under division (G) of this section.	3814

(I) If one of the contracting parties is an impacted city as	3815
defined in division (C) of section 1728.01 of the Revised Code,	3816
then divisions (D) to (F) of this section shall not apply to the	3817
joint economic development zone contract or to the joint economic	3818
development zone to which that contract relates unless the	3819
contracting parties agree that those divisions shall apply.	3820

Sec. 715.691. (A) As used in this section:

3821

(1) "Contracting party" means a municipal corporation that	3822
has entered into a joint economic development zone contract or any	3823
party succeeding to the municipal corporation, or a township that	3824
entered into a joint economic development zone contract with a	3825
municipal corporation.	3826

(2) "Zone" means a joint economic development zone designated	3827
under this section.	3828

(B) This section provides alternative procedures and	3829
requirements for creating and operating a joint economic	3830
development zone to those set forth in section 715.69 of the	3831
Revised Code. This section applies only if one of the contracting	3832
parties to the zone does not levy a municipal income tax under	3833
Chapter 718. of the Revised Code. A municipal corporation that	3834
does not levy a municipal income tax may enter into an agreement	3835
to create and operate a joint economic development zone under this	3836
section or under section 715.69 of the Revised Code.	3837

Two or more municipal corporations or one or more townships	3838
and one or more municipal corporations may enter into a contract	3839
whereby they agree to share in the costs of improvements for an	3840
area or areas located in one or more of the contracting parties	3841
that they designate as a joint economic development zone for the	3842
purpose of facilitating new or expanded growth for commercial or	3843
economic development in the state. The contract and zone shall	3844
meet the requirements of divisions (B) to (J) of this section.	3845

(C) The contract shall set forth each contracting party's	3846
contribution to the joint economic development zone. The	3847
contributions may be in any form that the contracting parties	3848
agree to, and may include, but are not limited to, the provision	3849
of services, money, or equipment. The contract may be amended,	3850
renewed, or terminated with the consent of the contracting	3851
parties. The contract shall continue in existence throughout the	3852
term it specifies and shall be binding on the contracting parties	3853
and on any entities succeeding to the contracting parties.	3854

(D) Before the legislative authority of any of the	3855
contracting parties enacts an ordinance or resolution approving a	3856
contract to designate a joint economic development zone, the	3857
legislative authority of each of the contracting parties shall	3858
hold a public hearing concerning the contract and zone. Each	3859
legislative authority shall provide at least thirty days' public	3860
notice of the time and place of the public hearing in a newspaper	3861
of general circulation in the municipal corporation or township.	3862
During the thirty-day period prior to the public hearing, all of	3863
the following documents shall be available for public inspection	3864
in the office of the clerk of the legislative authority of a	3865
municipal corporation that is a contracting party and in the	3866
office of the fiscal officer of a township that is a contracting	3867
party:	3868

(1) A copy of the contract designating the zone;

3869

(2) A description of the area or areas to be included in the	3870
zone, including a map in sufficient detail to denote the specific	3871
boundaries of the area or areas;	3872

(3) An economic development plan for the zone that includes a	3873
schedule for the provision of any new, expanded, or additional	3874
services, facilities, or improvements.	3875

A public hearing held under division (D) of this section	3876
shall allow for public comment and recommendations on the contract	3877
and zone. The contracting parties may include in the contract any	3878
of those recommendations prior to approval of the contract.	3879

(E) After the public hearings required under division (D) of	3880
this section have been held, each contracting party may enact an	3881
ordinance or resolution approving the contract to designate a	3882
joint economic development zone. After each contracting party has	3883
enacted an ordinance or resolution, the clerk of the legislative	3884
authority of a municipal corporation that is a contracting party	3885
and the fiscal officer of a township that is a contracting party	3886
shall file with the board of elections of each county within which	3887
a contracting party is located a copy of the ordinance or	3888
resolution approving the contract and shall direct the board of	3889
elections to submit the ordinance or resolution to the electors of	3890
the contracting party on the day of the next general, primary, or	3891
special election occurring at least ~~seventy-five~~eighty-five days	3892
after the ordinance or resolution is filed with the board of	3893
elections. If any of the contracting parties is a township,	3894
however, then only the township or townships shall submit the	3895
resolution to the electors.	3896

(F)(1) If a vote is required to approve a municipal	3897
corporation as a contracting party to a joint economic development	3898
zone under this section, the ballot shall be in the following	3899
form:	3900

"Shall the ordinance of the legislative authority of the	3901
(city or village) of (name of contracting party) approving the	3902
contract with (name of each other contracting party) for the	3903
designation of a joint economic development zone be approved?	3904

3905

		FOR THE ORDINANCE AND CONTRACT			3906
		AGAINST THE ORDINANCE AND CONTRACT	"		3907

3908

(2) If a vote is required to approve a township as a	3909
contracting party to a joint economic development zone under this	3910
section, the ballot shall be in the following form:	3911

"Shall the resolution of the board of township trustees of	3912
the township of (name of contracting party) approving the contract	3913
with (name of each other contracting party) for the designation of	3914
a joint economic development zone be approved?	3915

3916

		FOR THE RESOLUTION AND CONTRACT			3917
		AGAINST THE RESOLUTION AND CONTRACT	"		3918

3919

If a majority of the electors of each contracting party	3920
voting on the issue vote for the ordinance or resolution and	3921
contract, the ordinance or resolution shall become effective	3922
immediately and the contract shall go into effect immediately or	3923
in accordance with its terms.	3924

(G)(1) A board of directors shall govern each joint economic	3925
development zone created under section 715.691 of the Revised	3926
Code. The members of the board shall be appointed as provided in	3927
the contract. Each of the contracting parties shall appoint three	3928
members to the board. Terms for each member shall be for two	3929
years, each term ending on the same day of the month of the year	3930
as did the term that it succeeds. A member may be reappointed to	3931
the board.	3932

(2) Membership on the board is not the holding of a public	3933
office or employment within the meaning of any section of the	3934
Revised Code or any charter provision prohibiting the holding of	3935
other public office or employment. Membership on the board is not	3936
a direct or indirect interest in a contract or expenditure of	3937
money by a municipal corporation, township, county, or other	3938
political subdivision with which a member may be affiliated.	3939
Notwithstanding any provision of law or a charter to the contrary,	3940
no member of the board shall forfeit or be disqualified from	3941
holding any public office or employment by reason of membership on	3942
the board.	3943

(3) The board is a public body for the purposes of section	3944
121.22 of the Revised Code. Chapter 2744. of the Revised Code	3945
applies to the board and the zone.	3946

(H) The contract may grant to the board of directors	3947
appointed under division (G) of this section the power to adopt a	3948
resolution to levy an income tax within the zone. The income tax	3949
shall be used for the purposes of the zone and for the purposes of	3950
the contracting municipal corporations pursuant to the contract.	3951
The income tax may be levied in the zone based on income earned by	3952
persons working within the zone and on the net profits of	3953
businesses located in the zone. The income tax is subject to	3954
Chapter 718. of the Revised Code, except that a vote shall be	3955
required by the electors residing in the zone to approve the rate	3956
of income tax unless a majority of the electors residing within	3957
the zone, as determined by the total number of votes cast in the	3958
zone for the office of governor at the most recent general	3959
election for that office, submit a petition to the board	3960
requesting that the election provided for in division (H)(1) of	3961
this section not be held. If no electors reside within the zone,	3962
then division (H)(3) of this section applies. The rate of the	3963
income tax shall be no higher than the highest rate being levied	3964
by a municipal corporation that is a party to the contract.	3965

(1) The board of directors may levy an income tax at a rate	3966
that is not higher than the highest rate being levied by a	3967
municipal corporation that is a party to the contract, provided	3968
that the rate of the income tax is first submitted to and approved	3969
by the electors of the zone at the succeeding regular or primary	3970
election, or a special election called by the board, occurring	3971
subsequent to ~~seventy-five~~eighty-five days after a certified copy	3972
of the resolution levying the income tax and calling for the	3973
election is filed with the board of elections. If the voters	3974
approve the levy of the income tax, the income tax shall be in	3975
force for the full period of the contract establishing the zone.	3976
No election shall be held under this section if a majority of the	3977
electors residing within the zone, determined as specified in	3978
division (H) of this section, submit a petition to that effect to	3979
the board of directors. Any increase in the rate of an income tax	3980
by the board of directors shall be approved by a vote of the	3981
electors of the zone and shall be in force for the remaining	3982
period of the contract establishing the zone.	3983

(2) Whenever a zone is located in the territory of more than	3984
one contracting party, a majority vote of the electors in each of	3985
the several portions of the territory of the contracting parties	3986
constituting the zone approving the levy of the tax is required	3987
before it may be imposed under division (H) of this section.	3988

(3) If no electors reside in the zone, no election for the	3989
approval or rejection of an income tax shall be held under this	3990
section, provided that where no electors reside in the zone, the	3991
rate of the income tax shall be no higher than the highest rate	3992
being levied by a municipal corporation that is a party to the	3993
contract.	3994

(4) The board of directors of a zone levying an income tax	3995
shall enter into an agreement with one of the municipal	3996
corporations that is a party to the contract to administer,	3997
collect, and enforce the income tax on behalf of the zone.	3998

(5) The board of directors of a zone shall publish or post	3999
public notice within the zone of any resolution adopted levying an	4000
income tax in the same manner required of municipal corporations	4001
under sections 731.21 and 731.25 of the Revised Code.	4002

(I)(1) If for any reason a contracting party reverts to or	4003
has its boundaries changed so that it is classified as a township	4004
that is the entity succeeding to that contracting party, the	4005
township is considered to be a municipal corporation for the	4006
purposes of the contract for the full period of the contract	4007
establishing the joint economic development zone, except that if	4008
that contracting party is administering, collecting, and enforcing	4009
the income tax on behalf of the district as provided in division	4010
(H)(4) of this section, the contract shall be amended to allow one	4011
of the other contracting parties to administer, collect, and	4012
enforce that tax.	4013

(2) Notwithstanding any other section of the Revised Code, if	4014
there is any change in the boundaries of a township so that a	4015
municipal corporation once located within the township is no	4016
longer so located, the township shall remain in existence even	4017
though its remaining unincorporated area contains less than	4018
twenty-two square miles, if the township has been or becomes a	4019
party to a contract creating a joint economic development zone	4020
under this section or the contract creating that joint economic	4021
development zone under this section is terminated or repudiated	4022
for any reason by any party or person. The township shall continue	4023
its existing status in all respects, including having the same	4024
form of government and the same elected board of trustees as its	4025
governing body. The township shall continue to receive all of its	4026
tax levies and sources of income as a township in accordance with	4027
any section of the Revised Code, whether the levies and sources of	4028
income generate millage within the ten-mill limitation or in	4029
excess of the ten-mill limitation. The name of the township may be	4030
changed to the name of the contracting party appearing in the	4031
contract creating a joint economic development zone under this	4032
section, so long as the name does not conflict with any other name	4033
in the state that has been certified by the secretary of state.	4034
The township shall have all of the powers set out in sections	4035
715.79, 715.80, and 715.81 of the Revised Code.	4036

(J) If, after creating and operating a joint economic	4037
development zone under this section, a contracting party that did	4038
not levy a municipal income tax under Chapter 718. of the Revised	4039
Code levies such a tax, the tax shall not apply to the zone for	4040
the full period of the contract establishing the zone, if the	4041
board of directors of the zone has levied an income tax as	4042
provided in division (H) of this section.	4043

Sec. 715.70. (A) This section and section 715.71 of the	4044
Revised Code apply only to:	4045

(1) Municipal corporations and townships within a county that	4046
has adopted a charter under Sections 3 and 4 of Article X, Ohio	4047
Constitution;	4048

(2) Municipal corporations and townships that have created a	4049
joint economic development district comprised entirely of real	4050
property owned by a municipal corporation at the time the district	4051
was created under this section. The real property owned by the	4052
municipal corporation shall include an airport owned by the	4053
municipal corporation and located entirely beyond the municipal	4054
corporation's corporate boundary.	4055

(3) Municipal corporations or townships that are part of or	4056
contiguous to a transportation improvement district created under	4057
Chapter 5540. of the Revised Code and that have created a joint	4058
economic development district under this section or section 715.71	4059
of the Revised Code prior to November 15, 1995;	4060

(4) Municipal corporations that have previously entered into	4061
a contract creating a joint economic development district pursuant	4062
to division (A)(2) of this section, even if the territory to be	4063
included in the district does not meet the requirements of that	4064
division.	4065

(B)(1) One or more municipal corporations and one or more	4066
townships may enter into a contract approved by the legislative	4067
authority of each contracting party pursuant to which they create	4068
as a joint economic development district an area or areas for the	4069
purpose of facilitating economic development to create or preserve	4070
jobs and employment opportunities and to improve the economic	4071
welfare of the people in the state and in the area of the	4072
contracting parties. A municipal corporation described in division	4073
(A)(4) of this section may enter into a contract with other	4074
municipal corporations and townships to create a new joint	4075
economic development district. In a district that includes a	4076
municipal corporation described in division (A)(4) of this	4077
section, the territory of each of the contracting parties shall be	4078
contiguous to the territory of at least one other contracting	4079
party, or contiguous to the territory of a township or municipal	4080
corporation that is contiguous to another contracting party, even	4081
if the intervening township or municipal corporation is not a	4082
contracting party. The area or areas of land to be included in the	4083
district shall not include any parcel of land owned in fee by a	4084
municipal corporation or a township or parcel of land that is	4085
leased to a municipal corporation or a township, unless the	4086
municipal corporation or township is a party to the contract or	4087
unless the municipal corporation or township has given its consent	4088
to have its parcel of land included in the district by the	4089
adoption of a resolution. As used in this division, "parcel of	4090
land" means any parcel of land owned by a municipal corporation or	4091
a township for at least a six-month period within a five-year	4092
period prior to the creation of a district, but "parcel of land"	4093
does not include streets or public ways and sewer, water, and	4094
other utility lines whether owned in fee or otherwise.	4095

The district created shall be located within the territory of	4096
one or more of the participating parties and may consist of all or	4097
a portion of such territory. The boundaries of the district shall	4098
be described in the contract or in an addendum to the contract.	4099

(2) Prior to the public hearing to be held pursuant to	4100
division (D)(2) of this section, the participating parties shall	4101
give a copy of the proposed contract to each municipal corporation	4102
located within one-quarter mile of the proposed joint economic	4103
development district and not otherwise a party to the contract,	4104
and afford the municipal corporation the reasonable opportunity,	4105
for a period of thirty days following receipt of the proposed	4106
contract, to make comments and suggestions to the participating	4107
parties regarding elements contained in the proposed contract.	4108

(3) The district shall not exceed two thousand acres in area.	4109
The territory of the district shall not completely surround	4110
territory that is not included within the boundaries of the	4111
district.	4112

(4) Sections 503.07 to 503.12 of the Revised Code do not	4113
apply to territory included within a district created pursuant to	4114
this section as long as the contract creating the district is in	4115
effect, unless the legislative authority of each municipal	4116
corporation and the board of township trustees of each township	4117
included in the district consent, by ordinance or resolution, to	4118
the application of those sections of the Revised Code.	4119

(5) Upon the execution of the contract creating the district	4120
by the parties to the contract, a participating municipal	4121
corporation or township included within the district shall file a	4122
copy of the fully executed contract with the county recorder of	4123
each county within which a party to the contract is located, in	4124
the miscellaneous records of the county. No annexation proceeding	4125
pursuant to Chapter 709. of the Revised Code that proposes the	4126
annexation to, merger, or consolidation with a municipal	4127
corporation of any unincorporated territory within the district	4128
shall be commenced for a period of three years after the contract	4129
is filed with the county recorder of each county within which a	4130
party to the contract is located unless each board of township	4131
trustees whose territory is included, in whole or part, within the	4132
district and the territory proposed to be annexed, merged, or	4133
consolidated adopts a resolution consenting to the commencement of	4134
the proceeding and a copy of the resolution is filed with the	4135
legislative authority of each county within which a party to the	4136
contract is located or unless the contract is terminated during	4137
this period.	4138

The contract entered into between the municipal corporations	4139
and townships pursuant to this section may provide for the	4140
prohibition of any annexation by the participating municipal	4141
corporations of any unincorporated territory within the district	4142
beyond the three-year mandatory prohibition of any annexation	4143
provided for in division (B)(5) of this section.	4144

(C)(1) After the legislative authority of a municipal	4145
corporation and the board of township trustees have adopted an	4146
ordinance and resolution approving a contract to create a joint	4147
economic development district pursuant to this section, and after	4148
a contract has been signed, the municipal corporations and	4149
townships shall jointly file a petition with the legislative	4150
authority of each county within which a party to the contract is	4151
located.	4152

(a) The petition shall contain all of the following:

4153

(i) A statement that the area or areas of the district is not	4154
greater than two thousand acres and is located within the	4155
territory of one or more of the contracting parties;	4156

(ii) A brief summary of the services to be provided by each	4157
party to the contract or a reference to the portion of the	4158
contract describing those services;	4159

(iii) A description of the area or areas to be designated as	4160
the district;	4161

(iv) The signature of a representative of each of the	4162
contracting parties.	4163

(b) The following documents shall be filed with the petition:

4164

(i) A signed copy of the contract, together with copies of	4165
district maps and plans related to or part of the contract;	4166

(ii) A certified copy of the ordinances and resolutions of	4167
the contracting parties approving the contract;	4168

(iii) A certificate from each of the contracting parties	4169
indicating that the public hearings required by division (D)(2) of	4170
this section have been held, the date of the hearings, and	4171
evidence of publication of the notice of the hearings;	4172

(iv) One or more signed statements of persons who are owners	4173
of property located in whole or in part within the area to be	4174
designated as the district, requesting that the property be	4175
included within the district, provided that those statements shall	4176
represent a majority of the persons owning property located in	4177
whole or in part within the district and persons owning a majority	4178
of the acreage located within the district. A signature may be	4179
withdrawn by the signer up to but not after the time of the public	4180
hearing required by division (D)(2) of this section.	4181

(2) The legislative authority of each county within which a	4182
party to the contract is located shall adopt a resolution	4183
approving the petition for the creation of the district if the	4184
petition and other documents have been filed in accordance with	4185
the requirements of division (C)(1) of this section. If the	4186
petition and other documents do not substantially meet the	4187
requirements of that division, the legislative authority of any	4188
county within which a party to the contract is located may adopt a	4189
resolution disapproving the petition for the creation of the	4190
district. The legislative authority of each county within which a	4191
party to the contract is located shall adopt a resolution	4192
approving or disapproving the petition within thirty days after	4193
the petition was filed. If the legislative authority of each such	4194
county does not adopt the resolution within the thirty-day period,	4195
the petition shall be deemed approved and the contract shall go	4196
into effect immediately after that approval or at such other time	4197
as the contract specifies.	4198

(D)(1) The contract creating the district shall set forth or	4199
provide for the amount or nature of the contribution of each	4200
municipal corporation and township to the development and	4201
operation of the district and may provide for the sharing of the	4202
costs of the operation of and improvements for the district. The	4203
contributions may be in any form to which the contracting	4204
municipal corporations and townships agree and may include but are	4205
not limited to the provision of services, money, real or personal	4206
property, facilities, or equipment. The contract may provide for	4207
the contracting parties to share revenue from taxes levied on	4208
property by one or more of the contracting parties if those	4209
revenues may lawfully be applied to that purpose under the	4210
legislation by which those taxes are levied. The contract shall	4211
provide for new, expanded, or additional services, facilities, or	4212
improvements, including expanded or additional capacity for or	4213
other enhancement of existing services, facilities, or	4214
improvements, provided that those services, facilities, or	4215
improvements, or expanded or additional capacity for or	4216
enhancement of existing services, facilities, or improvements,	4217
required herein have been provided within the two-year period	4218
prior to the execution of the contract.	4219

(2) Before the legislative authority of a municipal	4220
corporation or a board of township trustees passes any ordinance	4221
or resolution approving a contract to create a joint economic	4222
development district pursuant to this section, the legislative	4223
authority of the municipal corporation and the board of township	4224
trustees shall each hold a public hearing concerning the joint	4225
economic development district contract and shall provide thirty	4226
days' public notice of the time and place of the public hearing in	4227
a newspaper of general circulation in the municipal corporation	4228
and the township. The board of township trustees may provide	4229
additional notice to township residents in accordance with section	4230
9.03 of the Revised Code, and any additional notice shall include	4231
the public hearing announcement; a summary of the terms of the	4232
contract; a statement that the entire text of the contract and	4233
district maps and plans are on file for public examination in the	4234
office of the township fiscal officer; and information pertaining	4235
to any tax changes that will or may occur as a result of the	4236
contract.	4237

During the thirty-day period prior to the public hearing, a	4238
copy of the text of the contract together with copies of district	4239
maps and plans related to or part of the contract shall be on	4240
file, for public examination, in the offices of the clerk of the	4241
legislative authority of the municipal corporation and of the	4242
township fiscal officer. The public hearing provided for in	4243
division (D)(2) of this section shall allow for public comment and	4244
recommendations from the public on the proposed contract. The	4245
contracting parties may include in the contract any of those	4246
recommendations prior to the approval of the contract.	4247

(3) Any resolution of the board of township trustees that	4248
approves a contract that creates a joint economic development	4249
district pursuant to this section shall be subject to a referendum	4250
of the electors of the township. When a referendum petition,	4251
signed by ten per cent of the number of electors in the township	4252
who voted for the office of governor at the most recent general	4253
election for the office of governor, is presented to the board of	4254
township trustees within thirty days after the board of township	4255
trustees adopted the resolution, ordering that the resolution be	4256
submitted to the electors of the township for their approval or	4257
rejection, the board of township trustees shall, after ten days	4258
and not later than four p.m. of the ~~seventy-fifth~~eighty-fifth day	4259
before the election, certify the text of the resolution to the	4260
board of elections. The board of elections shall submit the	4261
resolution to the electors of the township for their approval or	4262
rejection at the next general, primary, or special election	4263
occurring subsequent to ~~seventy-five~~eighty-five days after the	4264
certifying of the petition to the board of elections.	4265

(4) Upon the creation of a district under this section or	4266
section 715.71 of the Revised Code, one of the contracting parties	4267
shall file a copy of the following with the director of	4268
development:	4269

(a) The petition and other documents described in division	4270
(C)(1) of this section, if the district is created under this	4271
section;	4272

(b) The documents described in division (D) of section 715.71	4273
of the Revised Code, if the district is created under this	4274
section.	4275

(E) The district created by the contract shall be governed by	4276
a board of directors that shall be established by or pursuant to	4277
the contract. The board is a public body for the purposes of	4278
section 121.22 of the Revised Code. The provisions of Chapter	4279
2744. of the Revised Code apply to the board and the district. The	4280
members of the board shall be appointed as provided in the	4281
contract from among the elected members of the legislative	4282
authorities and the elected chief executive officers of the	4283
contracting parties, provided that there shall be at least two	4284
members appointed from each of the contracting parties.	4285

(F) The contract shall enumerate the specific powers, duties,	4286
and functions of the board of directors of a district, and the	4287
contract shall provide for the determination of procedures that	4288
are to govern the board of directors. The contract may grant to	4289
the board the power to adopt a resolution to levy an income tax	4290
within the district. The income tax shall be used for the purposes	4291
of the district and for the purposes of the contracting municipal	4292
corporations and townships pursuant to the contract. The income	4293
tax may be levied in the district based on income earned by	4294
persons working or residing within the district and based on the	4295
net profits of businesses located in the district. The income tax	4296
shall follow the provisions of Chapter 718. of the Revised Code,	4297
except that a vote shall be required by the electors residing in	4298
the district to approve the rate of income tax. If no electors	4299
reside within the district, then division (F)(4) of this section	4300
applies. The rate of the income tax shall be no higher than the	4301
highest rate being levied by a municipal corporation that is a	4302
party to the contract.	4303

(1) Within one hundred eighty days after the first meeting of	4304
the board of directors, the board may levy an income tax, provided	4305
that the rate of the income tax is first submitted to and approved	4306
by the electors of the district at the succeeding regular or	4307
primary election, or a special election called by the board,	4308
occurring subsequent to ~~seventy-five~~eighty-five days after a	4309
certified copy of the resolution levying the income tax and	4310
calling for the election is filed with the board of elections. If	4311
the voters approve the levy of the income tax, the income tax	4312
shall be in force for the full period of the contract establishing	4313
the district. Any increase in the rate of an income tax that was	4314
first levied within one hundred eighty days after the first	4315
meeting of the board of directors shall be approved by a vote of	4316
the electors of the district, shall be in force for the remaining	4317
period of the contract establishing the district, and shall not be	4318
subject to division (F)(2) of this section.	4319

(2) Any resolution of the board of directors levying an	4320
income tax that is adopted subsequent to one hundred eighty days	4321
after the first meeting of the board of directors shall be subject	4322
to a referendum as provided in division (F)(2) of this section.	4323
Any resolution of the board of directors levying an income tax	4324
that is adopted subsequent to one hundred eighty days after the	4325
first meeting of the board of directors shall be subject to an	4326
initiative proceeding to amend or repeal the resolution levying	4327
the income tax as provided in division (F)(2) of this section.	4328
When a referendum petition, signed by ten per cent of the number	4329
of electors in the district who voted for the office of governor	4330
at the most recent general election for the office of governor, is	4331
filed with the county auditor of each county within which a party	4332
to the contract is located within thirty days after the resolution	4333
is adopted by the board or when an initiative petition, signed by	4334
ten per cent of the number of electors in the district who voted	4335
for the office of governor at the most recent general election for	4336
the office of governor, is filed with the county auditor of each	4337
such county ordering that a resolution to amend or repeal a prior	4338
resolution levying an income tax be submitted to the electors	4339
within the district for their approval or rejection, the county	4340
auditor of each such county, after ten days and not later than	4341
four p.m. of the ~~seventy-fifth~~eighty-fifth day before the	4342
election, shall certify the text of the resolution to the board of	4343
elections of that county. The county auditor of each such county	4344
shall retain the petition. The board of elections shall submit the	4345
resolution to such electors, for their approval or rejection, at	4346
the next general, primary, or special election occurring	4347
subsequent to ~~seventy-five~~eighty-five days after the certifying	4348
of such petition to the board of elections.	4349

(3) Whenever a district is located in the territory of more	4350
than one contracting party, a majority vote of the electors, if	4351
any, in each of the several portions of the territory of the	4352
contracting parties constituting the district approving the levy	4353
of the tax is required before it may be imposed pursuant to this	4354
division.	4355

(4) If there are no electors residing in the district, no	4356
election for the approval or rejection of an income tax shall be	4357
held pursuant to this section, provided that where no electors	4358
reside in the district, the maximum rate of the income tax that	4359
may be levied shall not exceed one per cent.	4360

(5) The board of directors of a district levying an income	4361
tax shall enter into an agreement with one of the municipal	4362
corporations that is a party to the contract to administer,	4363
collect, and enforce the income tax on behalf of the district. The	4364
resolution levying the income tax shall provide the same credits,	4365
if any, to residents of the district for income taxes paid to	4366
other such districts or municipal corporations where the residents	4367
work, as credits provided to residents of the municipal	4368
corporation administering the income tax.	4369

(6)(a) The board shall publish or post public notice within	4370
the district of any resolution adopted levying an income tax in	4371
the same manner required of municipal corporations under sections	4372
731.21 and 731.25 of the Revised Code.	4373

(b) Except as otherwise specified by this division, any	4374
referendum or initiative proceeding within a district shall be	4375
conducted in the same manner as is required for such proceedings	4376
within a municipal corporation pursuant to sections 731.28 to	4377
731.40 of the Revised Code.	4378

(G) Membership on the board of directors does not constitute	4379
the holding of a public office or employment within the meaning of	4380
any section of the Revised Code or any charter provision	4381
prohibiting the holding of other public office or employment, and	4382
shall not constitute an interest, either direct or indirect, in a	4383
contract or expenditure of money by any municipal corporation,	4384
township, county, or other political subdivision with which the	4385
member may be connected. No member of a board of directors shall	4386
be disqualified from holding any public office or employment, nor	4387
shall such member forfeit or be disqualified from holding any such	4388
office or employment, by reason of the member's membership on the	4389
board of directors, notwithstanding any law or charter provision	4390
to the contrary.	4391

(H) The powers and authorizations granted pursuant to this	4392
section or section 715.71 of the Revised Code are in addition to	4393
and not in derogation of all other powers granted to municipal	4394
corporations and townships pursuant to law. When exercising a	4395
power or performing a function or duty under a contract authorized	4396
pursuant to this section or section 715.71 of the Revised Code, a	4397
municipal corporation may exercise all of the powers of a	4398
municipal corporation, and may perform all the functions and	4399
duties of a municipal corporation, within the district, pursuant	4400
to and to the extent consistent with the contract. When exercising	4401
a power or performing a function or duty under a contract	4402
authorized pursuant to this section or section 715.71 of the	4403
Revised Code, a township may exercise all of the powers of a	4404
township, and may perform all the functions and duties of a	4405
township, within the district, pursuant to and to the extent	4406
consistent with the contract. The district board of directors has	4407
no powers except those specifically set forth in the contract as	4408
agreed to by the participating parties. No political subdivision	4409
shall authorize or grant any tax exemption pursuant to Chapter	4410
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the	4411
Revised Code on any property located within the district without	4412
the consent of the contracting parties. The prohibition for any	4413
tax exemption pursuant to this division shall not apply to any	4414
exemption filed, pending, or approved, or for which an agreement	4415
has been entered into, before the effective date of the contract	4416
entered into by the parties.	4417

(I) Municipal corporations and townships may enter into	4418
binding agreements pursuant to a contract authorized under this	4419
section or section 715.71 of the Revised Code with respect to the	4420
substance and administration of zoning and other land use	4421
regulations, building codes, public permanent improvements, and	4422
other regulatory and proprietary matters that are determined,	4423
pursuant to the contract, to be for a public purpose and to be	4424
desirable with respect to the operation of the district or to	4425
facilitate new or expanded economic development in the state or	4426
the district, provided that no contract shall exempt the territory	4427
within the district from the procedures and processes of land use	4428
regulation applicable pursuant to municipal corporation, township,	4429
and county regulations, including but not limited to procedures	4430
and processes concerning zoning.	4431

(J) A contract entered into pursuant to this section or	4432
section 715.71 of the Revised Code may be amended and it may be	4433
renewed, canceled, or terminated as provided in or pursuant to the	4434
contract. The contract may be amended to add property owned by one	4435
of the contracting parties to the district, or may be amended to	4436
delete property from the district whether or not one of the	4437
contracting parties owns the deleted property. The contract shall	4438
continue in existence throughout its term and shall be binding on	4439
the contracting parties and on any entities succeeding to such	4440
parties, whether by annexation, merger, or otherwise. The income	4441
tax levied by the board pursuant to this section or section 715.71	4442
of the Revised Code shall apply in the entire district throughout	4443
the term of the contract, notwithstanding that all or a portion of	4444
the district becomes subject to annexation, merger, or	4445
incorporation. No township or municipal corporation is divested of	4446
its rights or obligations under the contract because of	4447
annexation, merger, or succession of interests.	4448

(K) After the creation of a joint economic development	4449
district described in division (A)(2) of this section, a municipal	4450
corporation that is a contracting party may cease to own property	4451
included in the district, but such property shall continue to be	4452
included in the district and subject to the terms of the contract.	4453

Sec. 715.71. (A) This section provides alternative	4454
procedures and requirements to those set forth in section 715.70	4455
of the Revised Code for creating and operating a joint economic	4456
development district. Divisions (B), (C), (D)(1) to (3), and (F)	4457
of section 715.70 of the Revised Code do not apply to a joint	4458
economic development district established under this section.	4459
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K)	4460
of section 715.70 of the Revised Code do apply to a district	4461
established under this section.	4462

(B) One or more municipal corporations and one or more	4463
townships may enter into a contract approved by the legislative	4464
authority of each contracting party pursuant to which they create	4465
as a joint economic development district one or more areas for the	4466
purpose of facilitating economic development to create or preserve	4467
jobs and employment opportunities and to improve the economic	4468
welfare of the people in this state and in the area of the	4469
contracting parties. The district created shall be located within	4470
the territory of one or more of the contracting parties and may	4471
consist of all or a portion of that territory. The boundaries of	4472
the district shall be described in the contract or in an addendum	4473
to the contract. The area or areas of land to be included in the	4474
district shall not include any parcel of land owned in fee by or	4475
leased to a municipal corporation or township, unless the	4476
municipal corporation or township is a party to the contract or	4477
has given its consent to have its parcel of land included in the	4478
district by the adoption of a resolution. As used in this	4479
division, "parcel of land" has the same meaning as in division (B)	4480
of section 715.70 of the Revised Code.	4481

(C) Before the legislative authority of a municipal	4482
corporation or a board of township trustees adopts an ordinance or	4483
resolution approving a contract to create a joint economic	4484
development district under this section, it shall hold a public	4485
hearing concerning the joint economic development district	4486
contract and shall provide thirty days' public notice of the time	4487
and place of the public hearing in a newspaper of general	4488
circulation in the municipal corporation and the township. Each	4489
municipal corporation and township that is a party to the contract	4490
shall hold a public hearing. During the thirty-day period prior to	4491
a public hearing, a copy of the text of the contract together with	4492
copies of district maps and plans related to or part of the	4493
contract shall be on file, for public examination, in the offices	4494
of the clerk of the legislative authority of the municipal	4495
corporation and of the township fiscal officer. The public	4496
hearings provided for in this division shall allow for public	4497
comment and recommendations on the proposed contract. The	4498
participating parties may include in the contract any of those	4499
recommendations prior to approval of the contract.	4500

(D) After the legislative authority of a municipal	4501
corporation and the board of township trustees have adopted an	4502
ordinance and resolution approving a contract to create a joint	4503
economic development district, the municipal corporation and the	4504
township jointly shall file with the legislative authority of each	4505
county within which a party to the contract is located all of the	4506
following:	4507

(1) A signed copy of the contract, together with copies of	4508
district maps and plans related to or part of the contract;	4509

(2) Certified copies of the ordinances and resolutions of the	4510
contracting parties relating to the district and the contract;	4511

(3) A certificate of each of the contracting parties that the	4512
public hearings provided for in division (C) of this section have	4513
been held, the date of the hearings, and evidence of publication	4514
of the notice of the hearings.	4515

(E) Within thirty days after the filing under division (D) of	4516
this section, the legislative authority of each county within	4517
which a party to the contract is located shall adopt a resolution	4518
acknowledging the receipt of the required documents, approving the	4519
creation of the joint economic development district, and directing	4520
that the resolution of the board of township trustees approving	4521
the contract be submitted to the electors of the township for	4522
approval at the next succeeding general, primary, or special	4523
election. The legislative authority of the county shall file with	4524
the board of elections at least ~~seventy-five~~eighty-five days	4525
before the day of the election a copy of the resolution of the	4526
board of township trustees approving the contract. The resolution	4527
of the legislative authority of the county also shall specify the	4528
date the election is to be held and shall direct the board of	4529
elections to conduct the election in the township. If the	4530
resolution of the legislative authority of the county is not	4531
adopted within the thirty-day period after the filing under	4532
division (D) of this section, the joint economic development	4533
district shall be deemed approved by the county legislative	4534
authority, and the board of township trustees shall file its	4535
resolution with the board of elections for submission to the	4536
electors of the township for approval at the next succeeding	4537
general, primary, or special election. The filing shall occur at	4538
least ~~seventy-five~~eighty-five days before the specified date the	4539
election is to be held and shall direct the board of elections to	4540
conduct the election in the township.	4541

The ballot shall be in the following form:

4542

"Shall the resolution of the board of township trustees	4543
approving the contract with ............... (here insert name of	4544
each municipal corporation and other township that is a party to	4545
the contract) for the creation of a joint economic development	4546
district be approved?	4547

4548

		FOR THE RESOLUTION AND CONTRACT			4549
		AGAINST THE RESOLUTION AND CONTRACT	"		4550

4551

If a majority of the electors of the township voting on the issue	4552
vote for the resolution and contract, the resolution shall become	4553
effective immediately and the contract shall go into effect	4554
immediately or in accordance with its terms.	4555

(F) The contract creating the district shall set forth or	4556
provide for the amount or nature of the contribution of each	4557
municipal corporation and township to the development and	4558
operation of the district and may provide for the sharing of the	4559
costs of the operation of and improvements for the district. The	4560
contributions may be in any form to which the contracting	4561
municipal corporations and townships agree and may include but are	4562
not limited to the provision of services, money, real or personal	4563
property, facilities, or equipment. The contract may provide for	4564
the contracting parties to share revenue from taxes levied on	4565
property by one or more of the contracting parties if those	4566
revenues may lawfully be applied to that purpose under the	4567
legislation by which those taxes are levied. The contract shall	4568
provide for new, expanded, or additional services, facilities, or	4569
improvements, including expanded or additional capacity for or	4570
other enhancement of existing services, facilities, or	4571
improvements, provided that the existing services, facilities, or	4572
improvements, or the expanded or additional capacity for or	4573
enhancement of the existing services, facilities, or improvements,	4574
have been provided within the two-year period prior to the	4575
execution of the contract.	4576

(G) The contract shall enumerate the specific powers, duties,	4577
and functions of the board of directors of the district and shall	4578
provide for the determination of procedures that are to govern the	4579
board of directors. The contract may grant to the board the power	4580
to adopt a resolution to levy an income tax within the district.	4581
The income tax shall be used for the purposes of the district and	4582
for the purposes of the contracting municipal corporations and	4583
townships pursuant to the contract. The income tax may be levied	4584
in the district based on income earned by persons working or	4585
residing within the district and based on the net profits of	4586
businesses located in the district. The income tax of the district	4587
shall follow the provisions of Chapter 718. of the Revised Code,	4588
except that no vote shall be required by the electors residing in	4589
the district. The rate of the income tax shall be no higher than	4590
the highest rate being levied by a municipal corporation that is a	4591
party to the contract.	4592

The board of directors of a district levying an income tax	4593
shall enter into an agreement with one of the municipal	4594
corporations that is a party to the contract to administer,	4595
collect, and enforce the income tax on behalf of the district. The	4596
resolution levying the income tax shall provide the same credits,	4597
if any, to residents of the district for income taxes paid to	4598
other districts or municipal corporations where the residents	4599
work, as credits provided to residents of the municipal	4600
corporation administering the income tax.	4601

(H) No annexation proceeding pursuant to Chapter 709. of the	4602
Revised Code that proposes the annexation to or merger or	4603
consolidation with a municipal corporation, except a municipal	4604
corporation that is a party to the contract, of any unincorporated	4605
territory within the district shall be commenced for a period of	4606
three years after the contract is filed with the legislative	4607
authority of each county within which a party to the contract is	4608
located in accordance with division (D) of this section unless	4609
each board of township trustees whose territory is included, in	4610
whole or part, within the district and the territory proposed to	4611
be annexed, merged, or consolidated adopts a resolution consenting	4612
to the commencement of the proceeding and a copy of the resolution	4613
is filed with the legislative authority of each such county or	4614
unless the contract is terminated during this three-year period.	4615
The contract entered into between the municipal corporations and	4616
townships pursuant to this section may provide for the prohibition	4617
of any annexation by the participating municipal corporations of	4618
any unincorporated territory within the district.	4619

Sec. 715.77. (A)(1) A board of township trustees that is a	4620
party to a contract creating a joint economic development district	4621
pursuant to sections 715.72 to 715.82 of the Revised Code may	4622
choose to not submit its resolution approving the contract to the	4623
electors of the township if all of the following conditions are	4624
satisfied:	4625

(a) The resolution has been approved by a unanimous vote of	4626
the members of the board of township trustees or, if a county is	4627
one of the contracting parties under division (D) of section	4628
715.72 of the Revised Code, the resolution has been approved by a	4629
majority vote of the members of the board of township trustees;	4630

(b) The creation of the joint economic development district	4631
is proposed at the request of a majority of the owners of land	4632
included within the proposed district;	4633

(c) The territory to be included in the proposed joint	4634
economic development district is zoned in a manner appropriate to	4635
the function of the proposed district.	4636

(2) Unless the legislative authority of a county adopts a	4637
resolution under section 715.76 of the Revised Code disapproving	4638
the creation of a joint economic development district within	4639
thirty days after the filing made under that section, the	4640
legislative authority of each such county shall adopt a resolution	4641
acknowledging the receipt of the required documents, approving the	4642
creation of the joint economic development district, and, if the	4643
board of township trustees has not invoked its authority under	4644
division (A)(1) of this section, directing that the resolution of	4645
the board of township trustees approving the contract creating the	4646
joint economic development district be submitted to the electors	4647
of the township for approval at the next succeeding general,	4648
primary, or special election. If the board of township trustees	4649
chooses to submit approval of the contract to the electors of the	4650
township, the legislative authority of the county shall file with	4651
the board of elections at least ~~seventy-five~~eighty-five days	4652
before the day of the election a copy of the resolution of the	4653
board of township trustees approving the contract. The resolution	4654
of the legislative authority of the county also shall specify the	4655
date the election is to be held and shall direct the board of	4656
elections to conduct the election in the township.	4657

(3) If the resolution of the legislative authority of the	4658
county is not adopted within the thirty-day period after the	4659
filing made under section 715.76 of the Revised Code, the joint	4660
economic development district shall be deemed approved by the	4661
county legislative authority and, if the board of township	4662
trustees has not invoked its authority under division (A)(1) of	4663
this section, the board of township trustees shall file its	4664
resolution with the board of elections for submission to the	4665
electors of the township for approval at the next succeeding	4666
general, primary, or special election. In such case, the board of	4667
township trustees shall file the resolution at least ~~seventy-five~~	4668
eighty-five days before the specified date the election is to be	4669
held and shall direct the board of elections to conduct the	4670
election in the township.	4671

(4) Any contract creating a joint economic development	4672
district in which a board of township trustees is a party shall	4673
provide that the contract is not effective earlier than the	4674
thirty-first day after its approval, including any approval by	4675
electors required in this section.	4676

If the board of township trustees chooses pursuant to	4677
division (A)(1) of this section not to submit the approval of the	4678
contract to the electors, the resolution of the board of township	4679
trustees approving the contract is subject to a referendum of the	4680
electors of the township when requested through a petition. When	4681
signed by ten per cent of the number of electors in the township	4682
who voted for the office of governor at the most recent general	4683
election, a referendum petition asking that the resolution be	4684
submitted to the electors of the township may be presented to the	4685
board of township trustees. Such a petition shall be presented	4686
within thirty days after the board of township trustees adopts the	4687
resolution. The board of township trustees shall, not later than	4688
four p.m. of the tenth day after receipt of the petition, certify	4689
the text of the resolution to the board of elections. The board of	4690
elections shall submit the resolution to the electors of the	4691
township for their approval or rejection at the next general,	4692
primary, or special election occurring at least ~~seventy-five~~	4693
eighty-five days after such certification.	4694

(B) The ballot shall be in the following form:

4695

"Shall the resolution of the board of township trustees	4696
approving the contract with ............... (here insert name of	4697
each municipal corporation and other township that is a	4698
contracting party) for the creation of a joint economic	4699
development district be approved?	4700

4701

		FOR THE RESOLUTION AND CONTRACT			4702
		AGAINST THE RESOLUTION AND CONTRACT	"		4703

4704

If a majority of the electors of the township voting on the issue	4705
vote for the resolution and contract, the resolution shall become	4706
effective immediately and the contract shall go into effect on the	4707
thirty-first day after this election or thereafter in accordance	4708
with terms of the contract.	4709

Sec. 718.01. (A) As used in this chapter:

4710

(1) "Adjusted federal taxable income" means a C corporation's	4711
federal taxable income before net operating losses and special	4712
deductions as determined under the Internal Revenue Code, adjusted	4713
as follows:	4714

(a) Deduct intangible income to the extent included in	4715
federal taxable income. The deduction shall be allowed regardless	4716
of whether the intangible income relates to assets used in a trade	4717
or business or assets held for the production of income.	4718

(b) Add an amount equal to five per cent of intangible income	4719
deducted under division (A)(1)(a) of this section, but excluding	4720
that portion of intangible income directly related to the sale,	4721
exchange, or other disposition of property described in section	4722
1221 of the Internal Revenue Code;	4723

(c) Add any losses allowed as a deduction in the computation	4724
of federal taxable income if the losses directly relate to the	4725
sale, exchange, or other disposition of an asset described in	4726
section 1221 or 1231 of the Internal Revenue Code;	4727

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	4728
section, deduct income and gain included in federal taxable income	4729
to the extent the income and gain directly relate to the sale,	4730
exchange, or other disposition of an asset described in section	4731
1221 or 1231 of the Internal Revenue Code;	4732

(ii) Division (A)(1)(d)(i) of this section does not apply to	4733
the extent the income or gain is income or gain described in	4734
section 1245 or 1250 of the Internal Revenue Code.	4735

(e) Add taxes on or measured by net income allowed as a	4736
deduction in the computation of federal taxable income;	4737

(f) In the case of a real estate investment trust and	4738
regulated investment company, add all amounts with respect to	4739
dividends to, distributions to, or amounts set aside for or	4740
credited to the benefit of investors and allowed as a deduction in	4741
the computation of federal taxable income;	4742

(g) If the taxpayer is not a C corporation and is not an	4743
individual, the taxpayer shall compute adjusted federal taxable	4744
income as if the taxpayer were a C corporation, except:	4745

(i) Guaranteed payments and other similar amounts paid or	4746
accrued to a partner, former partner, member, or former member	4747
shall not be allowed as a deductible expense; and	4748

(ii) Amounts paid or accrued to a qualified self-employed	4749
retirement plan with respect to an owner or owner-employee of the	4750
taxpayer, amounts paid or accrued to or for health insurance for	4751
an owner or owner-employee, and amounts paid or accrued to or for	4752
life insurance for an owner or owner-employee shall not be allowed	4753
as a deduction.	4754

Nothing in division (A)(1) of this section shall be construed	4755
as allowing the taxpayer to add or deduct any amount more than	4756
once or shall be construed as allowing any taxpayer to deduct any	4757
amount paid to or accrued for purposes of federal self-employment	4758
tax.	4759

Nothing in this chapter shall be construed as limiting or	4760
removing the ability of any municipal corporation to administer,	4761
audit, and enforce the provisions of its municipal income tax.	4762

(2) "Internal Revenue Code" means the Internal Revenue Code	4763
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	4764

(3) "Schedule C" means internal revenue service schedule C	4765
filed by a taxpayer pursuant to the Internal Revenue Code.	4766

(4) "Form 2106" means internal revenue service form 2106	4767
filed by a taxpayer pursuant to the Internal Revenue Code.	4768

(5) "Intangible income" means income of any of the following	4769
types: income yield, interest, capital gains, dividends, or other	4770
income arising from the ownership, sale, exchange, or other	4771
disposition of intangible property including, but not limited to,	4772
investments, deposits, money, or credits as those terms are	4773
defined in Chapter 5701. of the Revised Code, and patents,	4774
copyrights, trademarks, tradenames, investments in real estate	4775
investment trusts, investments in regulated investment companies,	4776
and appreciation on deferred compensation. "Intangible income"	4777
does not include prizes, awards, or other income associated with	4778
any lottery winnings or other similar games of chance.	4779

(6) "S corporation" means a corporation that has made an	4780
election under subchapter S of Chapter 1 of Subtitle A of the	4781
Internal Revenue Code for its taxable year.	4782

(7) For taxable years beginning on or after January 1, 2004,	4783
"net profit" for a taxpayer other than an individual means	4784
adjusted federal taxable income and "net profit" for a taxpayer	4785
who is an individual means the individual's profit required to be	4786
reported on schedule C, schedule E, or schedule F, other than any	4787
amount allowed as a deduction under division (E)(2) or (3) of this	4788
section or amounts described in division (H) of this section.	4789

(8) "Taxpayer" means a person subject to a tax on income	4790
levied by a municipal corporation. Except as provided in division	4791
(L) of this section, "taxpayer" does not include any person that	4792
is a disregarded entity or a qualifying subchapter S subsidiary	4793
for federal income tax purposes, but "taxpayer" includes any	4794
other person who owns the disregarded entity or qualifying	4795
subchapter S subsidiary.	4796

(9) "Taxable year" means the corresponding tax reporting	4797
period as prescribed for the taxpayer under the Internal Revenue	4798
Code.	4799

(10) "Tax administrator" means the individual charged with	4800
direct responsibility for administration of a tax on income levied	4801
by a municipal corporation and includes:	4802

(a) The central collection agency and the regional income tax	4803
agency and their successors in interest, and other entities	4804
organized to perform functions similar to those performed by the	4805
central collection agency and the regional income tax agency;	4806

(b) A municipal corporation acting as the agent of another	4807
municipal corporation; and	4808

(c) Persons retained by a municipal corporation to administer	4809
a tax levied by the municipal corporation, but only if the	4810
municipal corporation does not compensate the person in whole or	4811
in part on a contingency basis.	4812

(11) "Person" includes individuals, firms, companies,	4813
business trusts, estates, trusts, partnerships, limited liability	4814
companies, associations, corporations, governmental entities, and	4815
any other entity.	4816

(12) "Schedule E" means internal revenue service schedule E	4817
filed by a taxpayer pursuant to the Internal Revenue Code.	4818

(13) "Schedule F" means internal revenue service schedule F	4819
filed by a taxpayer pursuant to the Internal Revenue Code.	4820

(B) No municipal corporation shall tax income at other than	4821
a uniform rate.	4822

(C) No municipal corporation shall levy a tax on income at a	4823
rate in excess of one per cent without having obtained the	4824
approval of the excess by a majority of the electors of the	4825
municipality voting on the question at a general, primary, or	4826
special election. The legislative authority of the municipal	4827
corporation shall file with the board of elections at least	4828
~~seventy-five~~eighty-five days before the day of the election a	4829
copy of the ordinance together with a resolution specifying the	4830
date the election is to be held and directing the board of	4831
elections to conduct the election. The ballot shall be in the	4832
following form: "Shall the Ordinance providing for a ... per cent	4833
levy on income for (Brief description of the purpose of the	4834
proposed levy) be passed?	4835

4836

		FOR THE INCOME TAX			4837
		AGAINST THE INCOME TAX	"		4838

4839

In the event of an affirmative vote, the proceeds of the levy	4840
may be used only for the specified purpose.	4841

(D)(1) Except as otherwise provided in this section, no	4842
municipal corporation shall exempt from a tax on income	4843
compensation for personal services of individuals over eighteen	4844
years of age or the net profit from a business or profession.	4845

(2)(a) For taxable years beginning on or after January 1,	4846
2004, no municipal corporation shall tax the net profit from a	4847
business or profession using any base other than the taxpayer's	4848
adjusted federal taxable income.	4849

(b) Division (D)(2)(a) of this section does not apply to any	4850
taxpayer required to file a return under section 5745.03 of the	4851
Revised Code or to the net profit from a sole proprietorship.	4852

(E)(1) The legislative authority of a municipal corporation	4853
may, by ordinance or resolution, exempt from withholding and from	4854
a tax on income the following:	4855

(a) Compensation arising from the sale, exchange, or other	4856
disposition of a stock option, the exercise of a stock option, or	4857
the sale, exchange, or other disposition of stock purchased under	4858
a stock option; or	4859

(b) Compensation attributable to a nonqualified deferred	4860
compensation plan or program described in section 3121(v)(2)(C) of	4861
the Internal Revenue Code.	4862

(2) The legislative authority of a municipal corporation may	4863
adopt an ordinance or resolution that allows a taxpayer who is an	4864
individual to deduct, in computing the taxpayer's municipal income	4865
tax liability, an amount equal to the aggregate amount the	4866
taxpayer paid in cash during the taxable year to a health savings	4867
account of the taxpayer, to the extent the taxpayer is entitled to	4868
deduct that amount on internal revenue service form 1040.	4869

(3) The legislative authority of a municipal corporation may	4870
adopt an ordinance or resolution that allows a taxpayer who has a	4871
net profit from a business or profession that is operated as a	4872
sole proprietorship to deduct from that net profit the amount that	4873
the taxpayer paid during the taxable year for medical care	4874
insurance premiums for the taxpayer, the taxpayer's spouse, and	4875
dependents as defined in section 5747.01 of the Revised Code. The	4876
deduction shall be allowed to the same extent the taxpayer is	4877
entitled to deduct the premiums on internal revenue service form	4878
1040. The deduction allowed under this division shall be net of	4879
any related premium refunds, related premium reimbursements, or	4880
related insurance premium dividends received by the taxpayer	4881
during the taxable year.	4882

(F) If an individual's taxable income includes income against	4883
which the taxpayer has taken a deduction for federal income tax	4884
purposes as reportable on the taxpayer's form 2106, and against	4885
which a like deduction has not been allowed by the municipal	4886
corporation, the municipal corporation shall deduct from the	4887
taxpayer's taxable income an amount equal to the deduction shown	4888
on such form allowable against such income, to the extent not	4889
otherwise so allowed as a deduction by the municipal corporation.	4890

(G)(1) In the case of a taxpayer who has a net profit from a	4891
business or profession that is operated as a sole proprietorship,	4892
no municipal corporation may tax or use as the base for	4893
determining the amount of the net profit that shall be considered	4894
as having a taxable situs in the municipal corporation, an amount	4895
other than the net profit required to be reported by the taxpayer	4896
on schedule C or F from such sole proprietorship for the taxable	4897
year.	4898

(2) In the case of a taxpayer who has a net profit from	4899
rental activity required to be reported on schedule E, no	4900
municipal corporation may tax or use as the base for determining	4901
the amount of the net profit that shall be considered as having a	4902
taxable situs in the municipal corporation, an amount other than	4903
the net profit from rental activities required to be reported by	4904
the taxpayer on schedule E for the taxable year.	4905

(H) A municipal corporation shall not tax any of the	4906
following:	4907

(1) The military pay or allowances of members of the armed	4908
forces of the United States and of members of their reserve	4909
components, including the Ohio national guard;	4910

(2) The income of religious, fraternal, charitable,	4911
scientific, literary, or educational institutions to the extent	4912
that such income is derived from tax-exempt real estate,	4913
tax-exempt tangible or intangible property, or tax-exempt	4914
activities;	4915

(3) Except as otherwise provided in division (I) of this	4916
section, intangible income;	4917

(4) Compensation paid under section 3501.28 or 3501.36 of the	4918
Revised Code to a person serving as a precinct election official,	4919
to the extent that such compensation does not exceed one thousand	4920
dollars annually. Such compensation in excess of one thousand	4921
dollars may be subjected to taxation by a municipal corporation. A	4922
municipal corporation shall not require the payer of such	4923
compensation to withhold any tax from that compensation.	4924

(5) Compensation paid to an employee of a transit authority,	4925
regional transit authority, or regional transit commission created	4926
under Chapter 306. of the Revised Code for operating a transit bus	4927
or other motor vehicle for the authority or commission in or	4928
through the municipal corporation, unless the bus or vehicle is	4929
operated on a regularly scheduled route, the operator is subject	4930
to such a tax by reason of residence or domicile in the municipal	4931
corporation, or the headquarters of the authority or commission is	4932
located within the municipal corporation;	4933

(6) The income of a public utility, when that public utility	4934
is subject to the tax levied under section 5727.24 or 5727.30 of	4935
the Revised Code, except a municipal corporation may tax the	4936
following, subject to Chapter 5745. of the Revised Code:	4937

(a) Beginning January 1, 2002, the income of an electric	4938
company or combined company;	4939

(b) Beginning January 1, 2004, the income of a telephone	4940
company.	4941

As used in division (H)(6) of this section, "combined	4942
company," "electric company," and "telephone company" have the	4943
same meanings as in section 5727.01 of the Revised Code.	4944

(7) On and after January 1, 2003, items excluded from federal	4945
gross income pursuant to section 107 of the Internal Revenue Code;	4946

(8) On and after January 1, 2001, compensation paid to a	4947
nonresident individual to the extent prohibited under section	4948
718.011 of the Revised Code;	4949

(9)(a) Except as provided in division (H)(9)(b) and (c) of	4950
this section, an S corporation shareholder's distributive share of	4951
net profits of the S corporation, other than any part of the	4952
distributive share of net profits that represents wages as defined	4953
in section 3121(a) of the Internal Revenue Code or net earnings	4954
from self-employment as defined in section 1402(a) of the Internal	4955
Revenue Code.	4956

(b) If, pursuant to division (H) of former section 718.01 of	4957
the Revised Code as it existed before March 11, 2004, a majority	4958
of the electors of a municipal corporation voted in favor of the	4959
question at an election held on November 4, 2003, the municipal	4960
corporation may continue after 2002 to tax an S corporation	4961
shareholder's distributive share of net profits of an S	4962
corporation.	4963

(c) If, on December 6, 2002, a municipal corporation was	4964
imposing, assessing, and collecting a tax on an S corporation	4965
shareholder's distributive share of net profits of the S	4966
corporation to the extent the distributive share would be	4967
allocated or apportioned to this state under divisions (B)(1) and	4968
(2) of section 5733.05 of the Revised Code if the S corporation	4969
were a corporation subject to taxes imposed under Chapter 5733. of	4970
the Revised Code, the municipal corporation may continue to impose	4971
the tax on such distributive shares to the extent such shares	4972
would be so allocated or apportioned to this state only until	4973
December 31, 2004, unless a majority of the electors of the	4974
municipal corporation voting on the question of continuing to tax	4975
such shares after that date vote in favor of that question at an	4976
election held November 2, 2004. If a majority of those electors	4977
vote in favor of the question, the municipal corporation may	4978
continue after December 31, 2004, to impose the tax on such	4979
distributive shares only to the extent such shares would be so	4980
allocated or apportioned to this state.	4981

(d) For the purposes of division (D) of section 718.14 of the	4982
Revised Code, a municipal corporation shall be deemed to have	4983
elected to tax S corporation shareholders' distributive shares of	4984
net profits of the S corporation in the hands of the shareholders	4985
if a majority of the electors of a municipal corporation vote in	4986
favor of a question at an election held under division (H)(9)(b)	4987
or (c) of this section. The municipal corporation shall specify	4988
by ordinance or rule that the tax applies to the distributive	4989
share of a shareholder of an S corporation in the hands of the	4990
shareholder of the S corporation.	4991

(10) Employee compensation that is not "qualifying wages" as	4992
defined in section 718.03 of the Revised Code;	4993

(11) Beginning August 1, 2007, compensation paid to a person	4994
employed within the boundaries of a United States air force base	4995
under the jurisdiction of the United States air force that is	4996
used for the housing of members of the United States air force and	4997
is a center for air force operations, unless the person is	4998
subject to taxation because of residence or domicile. If the	4999
compensation is subject to taxation because of residence or	5000
domicile, municipal income tax shall be payable only to the	5001
municipal corporation of residence or domicile.	5002

(I) Any municipal corporation that taxes any type of	5003
intangible income on March 29, 1988, pursuant to Section 3 of	5004
Amended Substitute Senate Bill No. 238 of the 116th general	5005
assembly, may continue to tax that type of income after 1988 if a	5006
majority of the electors of the municipal corporation voting on	5007
the question of whether to permit the taxation of that type of	5008
intangible income after 1988 vote in favor thereof at an election	5009
held on November 8, 1988.	5010

(J) Nothing in this section or section 718.02 of the Revised	5011
Code shall authorize the levy of any tax on income that a	5012
municipal corporation is not authorized to levy under existing	5013
laws or shall require a municipal corporation to allow a deduction	5014
from taxable income for losses incurred from a sole proprietorship	5015
or partnership.	5016

(K)(1) Nothing in this chapter prohibits a municipal	5017
corporation from allowing, by resolution or ordinance, a net	5018
operating loss carryforward.	5019

(2) Nothing in this chapter requires a municipal corporation	5020
to allow a net operating loss carryforward.	5021

(L)(1) A single member limited liability company that is a	5022
disregarded entity for federal tax purposes may elect to be a	5023
separate taxpayer from its single member in all Ohio municipal	5024
corporations in which it either filed as a separate taxpayer or	5025
did not file for its taxable year ending in 2003, if all of the	5026
following conditions are met:	5027

(a) The limited liability company's single member is also a	5028
limited liability company;	5029

(b) The limited liability company and its single member were	5030
formed and doing business in one or more Ohio municipal	5031
corporations for at least five years before January 1, 2004;	5032

(c) Not later than December 31, 2004, the limited liability	5033
company and its single member each make an election to be treated	5034
as a separate taxpayer under division (L) of this section;	5035

(d) The limited liability company was not formed for the	5036
purpose of evading or reducing Ohio municipal corporation income	5037
tax liability of the limited liability company or its single	5038
member;	5039

(e) The Ohio municipal corporation that is the primary place	5040
of business of the sole member of the limited liability company	5041
consents to the election.	5042

(2) For purposes of division (L)(1)(e) of this section, a	5043
municipal corporation is the primary place of business of a	5044
limited liability company if, for the limited liability company's	5045
taxable year ending in 2003, its income tax liability is greater	5046
in that municipal corporation than in any other municipal	5047
corporation in Ohio, and that tax liability to that municipal	5048
corporation for its taxable year ending in 2003 is at least four	5049
hundred thousand dollars.	5050

Sec. 718.09. (A) This section applies to either of the	5051
following:	5052

(1) A municipal corporation that shares the same territory as	5053
a city, local, or exempted village school district, to the extent	5054
that not more than five per cent of the territory of the municipal	5055
corporation is located outside the school district and not more	5056
than five per cent of the territory of the school district is	5057
located outside the municipal corporation;	5058

(2) A municipal corporation that shares the same territory as	5059
a city, local, or exempted village school district, to the extent	5060
that not more than five per cent of the territory of the municipal	5061
corporation is located outside the school district, more than five	5062
per cent but not more than ten per cent of the territory of the	5063
school district is located outside the municipal corporation, and	5064
that portion of the territory of the school district that is	5065
located outside the municipal corporation is located entirely	5066
within another municipal corporation having a population of four	5067
hundred thousand or more according to the federal decennial census	5068
most recently completed before the agreement is entered into under	5069
division (B) of this section.	5070

(B) The legislative authority of a municipal corporation to	5071
which this section applies may propose to the electors an income	5072
tax, one of the purposes of which shall be to provide financial	5073
assistance to the school district through payment to the district	5074
of not less than twenty-five per cent of the revenue generated by	5075
the tax, except that the legislative authority may not propose to	5076
levy the income tax on the incomes of nonresident individuals.	5077
Prior to proposing the tax, the legislative authority shall	5078
negotiate and enter into a written agreement with the board of	5079
education of the school district specifying the tax rate, the	5080
percentage of tax revenue to be paid to the school district, the	5081
purpose for which the school district will use the money, the	5082
first year the tax will be levied, the date of the special	5083
election on the question of the tax, and the method and schedule	5084
by which the municipal corporation will make payments to the	5085
school district. The special election shall be held on a day	5086
specified in division (D) of section 3501.01 of the Revised Code,	5087
except that the special election may not be held on the day for	5088
holding a primary election as authorized by the municipal	5089
corporation's charter unless the municipal corporation is to have	5090
a primary election on that day.	5091

After the legislative authority and board of education have	5092
entered into the agreement, the legislative authority shall	5093
provide for levying the tax by ordinance. The ordinance shall	5094
state the tax rate, the percentage of tax revenue to be paid to	5095
the school district, the purpose for which the municipal	5096
corporation will use its share of the tax revenue, the first year	5097
the tax will be levied, and that the question of the income tax	5098
will be submitted to the electors of the municipal corporation.	5099
The legislative authority also shall adopt a resolution specifying	5100
the regular or special election date the election will be held and	5101
directing the board of elections to conduct the election. At least	5102
~~seventy-five~~eighty-five days before the date of the election, the	5103
legislative authority shall file certified copies of the ordinance	5104
and resolution with the board of elections.	5105

(C) The board of elections shall make the necessary	5106
arrangements for the submission of the question to the electors of	5107
the municipal corporation, and shall conduct the election in the	5108
same manner as any other municipal income tax election. Notice of	5109
the election shall be published in a newspaper of general	5110
circulation in the municipal corporation once a week for four	5111
consecutive weeks prior to the election, and shall include	5112
statements of the rate and municipal corporation and school	5113
district purposes of the income tax, the percentage of tax revenue	5114
that will be paid to the school district, and the first year the	5115
tax will be levied. The ballot shall be in the following form:	5116

"Shall the ordinance providing for a ..... per cent levy on	5117
income for (brief description of the municipal corporation and	5118
school district purposes of the levy, including a statement of the	5119
percentage of tax revenue that will be paid to the school	5120
district) be passed? The income tax, if approved, will not be	5121
levied on the incomes of individuals who do not reside in (the	5122
name of the municipal corporation).	5123

5124

		For the income tax			5125
		Against the income tax	"		5126

5127

(D) If the question is approved by a majority of the	5128
electors, the municipal corporation shall impose the income tax	5129
beginning in the year specified in the ordinance. The proceeds of	5130
the levy may be used only for the specified purposes, including	5131
payment of the specified percentage to the school district.	5132

Sec. 718.10. (A) This section applies to a group of two or	5133
more municipal corporations that, taken together, share the same	5134
territory as a single city, local, or exempted village school	5135
district, to the extent that not more than five per cent of the	5136
territory of the municipal corporations as a group is located	5137
outside the school district and not more than five per cent of the	5138
territory of the school district is located outside the municipal	5139
corporations as a group.	5140

(B) The legislative authorities of the municipal corporations	5141
in a group of municipal corporations to which this section applies	5142
each may propose to the electors an income tax, to be levied in	5143
concert with income taxes in the other municipal corporations of	5144
the group, except that a legislative authority may not propose to	5145
levy the income tax on the incomes of individuals who do not	5146
reside in the municipal corporation. One of the purposes of such a	5147
tax shall be to provide financial assistance to the school	5148
district through payment to the district of not less than	5149
twenty-five per cent of the revenue generated by the tax. Prior to	5150
proposing the taxes, the legislative authorities shall negotiate	5151
and enter into a written agreement with each other and with the	5152
board of education of the school district specifying the tax rate,	5153
the percentage of the tax revenue to be paid to the school	5154
district, the first year the tax will be levied, and the date of	5155
the election on the question of the tax, all of which shall be the	5156
same for each municipal corporation. The agreement also shall	5157
state the purpose for which the school district will use the	5158
money, and specify the method and schedule by which each municipal	5159
corporation will make payments to the school district. The special	5160
election shall be held on a day specified in division (D) of	5161
section 3501.01 of the Revised Code, including a day on which all	5162
of the municipal corporations are to have a primary election.	5163

After the legislative authorities and board of education have	5164
entered into the agreement, each legislative authority shall	5165
provide for levying its tax by ordinance. Each ordinance shall	5166
state the rate of the tax, the percentage of tax revenue to be	5167
paid to the school district, the purpose for which the municipal	5168
corporation will use its share of the tax revenue, and the first	5169
year the tax will be levied. Each ordinance also shall state that	5170
the question of the income tax will be submitted to the electors	5171
of the municipal corporation on the same date as the submission of	5172
questions of an identical tax to the electors of each of the other	5173
municipal corporations in the group, and that unless the electors	5174
of all of the municipal corporations in the group approve the tax	5175
in their respective municipal corporations, none of the municipal	5176
corporations in the group shall levy the tax. Each legislative	5177
authority also shall adopt a resolution specifying the regular or	5178
special election date the election will be held and directing the	5179
board of elections to conduct the election. At least ~~seventy-five~~	5180
eighty-five days before the date of the election, each legislative	5181
authority shall file certified copies of the ordinance and	5182
resolution with the board of elections.	5183

(C) For each of the municipal corporations, the board of	5184
elections shall make the necessary arrangements for the submission	5185
of the question to the electors, and shall conduct the election in	5186
the same manner as any other municipal income tax election. For	5187
each of the municipal corporations, notice of the election shall	5188
be published in a newspaper of general circulation in the	5189
municipal corporation once a week for four consecutive weeks prior	5190
to the election. The notice shall include a statement of the rate	5191
and municipal corporation and school district purposes of the	5192
income tax, the percentage of tax revenue that will be paid to the	5193
school district, and the first year the tax will be levied, and an	5194
explanation that the tax will not be levied unless an identical	5195
tax is approved by the electors of each of the other municipal	5196
corporations in the group. The ballot shall be in the following	5197
form:	5198

"Shall the ordinance providing for a ... per cent levy on	5199
income for (brief description of the municipal corporation and	5200
school district purposes of the levy, including a statement of the	5201
percentage of income tax revenue that will be paid to the school	5202
district) be passed? The income tax, if approved, will not be	5203
levied on the incomes of individuals who do not reside in (the	5204
name of the municipal corporation). In order for the income tax to	5205
be levied, the voters of (the other municipal corporations in the	5206
group), which are also in the (name of the school district) school	5207
district, must approve an identical income tax and agree to pay	5208
the same percentage of the tax revenue to the school district.	5209

5210

		For the income tax			5211
		Against the income tax	"		5212

5213

(D) If the question is approved by a majority of the electors	5214
and identical taxes are approved by a majority of the electors in	5215
each of the other municipal corporations in the group, the	5216
municipal corporation shall impose the tax beginning in the year	5217
specified in the ordinance. The proceeds of the levy may be used	5218
only for the specified purposes, including payment of the	5219
specified percentage to the school district.	5220

Sec. 731.03. (A) Except as otherwise provided in division	5221
(B) of this section, one member of the legislative authority of a	5222
city from each ward and such number of members thereof at large as	5223
is provided by section 731.01 of the Revised Code shall be chosen	5224
in each odd-numbered year. Members shall serve for a term of two	5225
years commencing on the first day of January next after their	5226
election.	5227

(B) A city legislative authority may, by majority vote, adopt	5228
a resolution causing the board of elections to submit to the city	5229
electors the question of whether the terms of office of the	5230
members of the legislative authority should be changed from two to	5231
four years. The question may also ask whether the legislative	5232
authority should be authorized to establish staggered four-year	5233
terms of office among members of the legislative authority by	5234
fixing certain terms of office at two years for one term of office	5235
but then at four years thereafter. If the resolution calls for	5236
submission of the question about staggered terms, the resolution	5237
shall specify the number of members to be elected for four-year	5238
terms and the number to be elected for two-year terms at the next	5239
election for such members. The resolution shall also specify how	5240
many of those members elected to four-year terms and how many of	5241
those members elected to two-year terms shall be elected from the	5242
city at large, and how many from wards. If staggered terms of	5243
office are established, the legislative authority shall fix the	5244
length of the terms of office prior to the last day fixed by law	5245
for filing as a candidate for such office. The question shall be	5246
voted upon at the next general election occurring not less than	5247
~~seventy-five~~eighty-five days after the certification of the	5248
resolution to the board of elections. If a majority of the votes	5249
cast on the question is in the affirmative, the terms of office of	5250
the members of the legislative authority shall be four years	5251
effective on the first day of January following the next regular	5252
municipal election, except as may otherwise be provided by the	5253
legislative authority to establish staggered terms of office among	5254
members of the legislative authority.	5255

A city legislative authority whose members' terms of office	5256
are four years may, by a majority vote, adopt a resolution	5257
establishing staggered four-year terms of office among members of	5258
the legislative authority by fixing certain terms of office at two	5259
years for one term of office but then at four years thereafter.	5260
The resolution shall specify the number of members to be elected	5261
for four-year terms and the number to be elected for two-year	5262
terms, and shall specify how many of those members elected to	5263
four-year terms and how many of those members elected to two-year	5264
terms shall be elected from the city at large, and how many from	5265
wards. If staggered terms of office are established, the	5266
legislative authority shall fix the length of the terms of office	5267
prior to the last day fixed by law for filing as a candidate for	5268
such office.	5269

A city legislative authority whose members' terms of office	5270
are four years may, by majority vote, adopt a resolution causing	5271
the board of elections to submit to the city electors the question	5272
of whether the members' terms should be changed back from four to	5273
two years. The question shall be voted upon at the next general	5274
election occurring not less than ~~seventy-five~~eighty-five days	5275
after the certification of the resolution to the board of	5276
elections. If a majority of the votes cast on the question is in	5277
the affirmative, the terms of office of the members of the	5278
legislative authority shall be two years effective on the first	5279
day of January following the next regular municipal election.	5280

Sec. 731.28. Ordinances and other measures providing for the	5281
exercise of any powers of government granted by the constitution	5282
or delegated to any municipal corporation by the general assembly	5283
may be proposed by initiative petition. Such initiative petition	5284
must contain the signatures of not less than ten per cent of the	5285
number of electors who voted for governor at the most recent	5286
general election for the office of governor in the municipal	5287
corporation.	5288

When a petition is filed with the city auditor or village	5289
clerk, signed by the required number of electors proposing an	5290
ordinance or other measure, such auditor or clerk shall, after ten	5291
days, transmit a certified copy of the text of the proposed	5292
ordinance or measure to the board of elections. The auditor or	5293
clerk shall transmit the petition to the board together with the	5294
certified copy of the proposed ordinance or other measure. The	5295
board shall examine all signatures on the petition to determine	5296
the number of electors of the municipal corporation who signed the	5297
petition. The board shall return the petition to the auditor or	5298
clerk within ten days after receiving it, together with a	5299
statement attesting to the number of such electors who signed the	5300
petition.	5301

The board shall submit such proposed ordinance or measure for	5302
the approval or rejection of the electors of the municipal	5303
corporation at the next general election occurring subsequent to	5304
~~seventy-five~~eighty-five days after the auditor or clerk certifies	5305
the sufficiency and validity of the initiative petition to the	5306
board of elections. No ordinance or other measure proposed by	5307
initiative petition and approved by a majority of the electors	5308
voting upon the measure in such municipal corporation shall be	5309
subject to the veto of the mayor.	5310

As used in this section, "certified copy" means a copy	5311
containing a written statement attesting it is a true and exact	5312
reproduction of the original proposed ordinance or other measure.	5313

Sec. 731.29. Any ordinance or other measure passed by the	5314
legislative authority of a municipal corporation shall be subject	5315
to the referendum except as provided by section 731.30 of the	5316
Revised Code. No ordinance or other measure shall go into effect	5317
until thirty days after it is filed with the mayor of a city or	5318
passed by the legislative authority in a village, except as	5319
provided by such section.	5320

When a petition, signed by ten per cent of the number of	5321
electors who voted for governor at the most recent general	5322
election for the office of governor in the municipal corporation,	5323
is filed with the city auditor or village clerk within thirty days	5324
after any ordinance or other measure is filed with the mayor or	5325
passed by the legislative authority of a village, or in case the	5326
mayor has vetoed the ordinance or any measure and returned it to	5327
council, such petition may be filed within thirty days after the	5328
council has passed the ordinance or measure over ~~his~~the veto,	5329
ordering that such ordinance or measure be submitted to the	5330
electors of such municipal corporation for their approval or	5331
rejection, such auditor or clerk shall, after ten days, and not	5332
later than four p.m. of the ~~seventy-fifth~~eighty-fifth day before	5333
the day of election, transmit a certified copy of the text of the	5334
ordinance or measure to the board of elections. The auditor or	5335
clerk shall transmit the petition to the board together with the	5336
certified copy of the ordinance or measure. The board shall	5337
examine all signatures on the petition to determine the number of	5338
electors of the municipal corporation who signed the petition. The	5339
board shall return the petition to the auditor or clerk within ten	5340
days after receiving it, together with a statement attesting to	5341
the number of such electors who signed the petition. The board	5342
shall submit the ordinance or measure to the electors of the	5343
municipal corporation, for their approval or rejection, at the	5344
next general election occurring subsequent to ~~seventy-five~~	5345
eighty-five days after the auditor or clerk certifies the	5346
sufficiency and validity of the petition to the board of	5347
elections.	5348

No such ordinance or measure shall go into effect until	5349
approved by the majority of those voting upon it. Sections 731.28	5350
to 731.41 of the Revised Code do not prevent a municipal	5351
corporation, after the passage of any ordinance or other measure,	5352
from proceeding at once to give any notice or make any publication	5353
required by such ordinance or other measure.	5354

As used in this section, "certified copy" means a copy	5355
containing a written statement attesting that it is a true and	5356
exact reproduction of the original ordinance or other measure.	5357

Sec. 733.09. (A) Except as otherwise provided in division	5358
(B) of this section, the president of the legislative authority of	5359
a city shall be elected for a term of two years, commencing on the	5360
first day of January next after ~~his~~ election. HeThe president of	5361
the legislative authority shall be an elector of the city, and	5362
shall preside at all regular and special meetings of such	5363
legislative authority, but hethe president shall have no vote	5364
therein except in case of a tie.	5365

(B) A city legislative authority may, by majority vote, adopt	5366
a resolution causing the board of elections to submit to the city	5367
electors the question of whether the term of office of the	5368
president of the legislative authority should be changed from two	5369
to four years. The question shall be voted upon at the next	5370
general election occurring not less than ~~seventy-five~~eighty-five	5371
days after the certification of the resolution to the board of	5372
elections. If a majority of the votes cast on the question is in	5373
the affirmative, the term of office of the president of the	5374
legislative authority shall be four years effective on the first	5375
day of January following the next regular municipal election.	5376

A city legislative authority whose president's term of office	5377
is four years may, by majority vote, adopt a resolution causing	5378
the board of elections to submit to the city electors the question	5379
of whether the president's term should be changed from four to two	5380
years. The question shall be voted upon at the next general	5381
election ~~occuring~~occurring not less than ~~seventy-five~~eighty-five	5382
days after the certification of the resolution to the board of	5383
elections. If a majority of the votes cast on the question is in	5384
the affirmative, the term of the office of the president of the	5385
legislative authority shall be two years effective on the first	5386
day of January following the next regular municipal election.	5387

Sec. 733.261. (A) The legislative authority of a village	5388
may, by ordinance or resolution passed by at least a majority	5389
vote, combine the duties of the clerk and the treasurer into one	5390
office, to be known as the clerk-treasurer. The combination shall	5391
be effective on the first day of January following the next	5392
regular municipal election at which the village clerk is to be	5393
elected, provided that a clerk-treasurer shall be elected at such	5394
election pursuant to this section and shall be elected for a term	5395
of four years, commencing on the first day of April following ~~his~~	5396
election. Between the first day of January and the first day of	5397
April following such an election, the clerk shall perform the	5398
duties of clerk-treasurer. The legislative authority of the	5399
village shall file certification of such action with the board of	5400
elections not less than one hundred ~~five~~fifteen days before the	5401
day of the next municipal primary election at which the village	5402
clerk is to be elected; provided that in villages under two	5403
thousand population in which no petition for a primary election	5404
was filed pursuant to section 3513.01 of the Revised Code, or in	5405
villages in which no primary is held pursuant to section 3513.02	5406
of the Revised Code, such action shall be certified to the board	5407
of elections not less than one hundred ~~five~~fifteen days before	5408
the next general election at which the village clerk is to be	5409
elected.	5410

At such succeeding regular municipal election and thereafter,	5411
the clerk-treasurer shall be elected for a term of four years,	5412
commencing on the first day of April following the	5413
clerk-treasurer's election. The clerk-treasurer shall be an	5414
elector of the corporation.	5415

(B) In addition to the circumstances described in division	5416
(A) of this section, when a vacancy exists in the office of	5417
village treasurer or village clerk the legislative authority of a	5418
village may, by ordinance or resolution passed by at least a	5419
majority vote, combine the duties of the clerk and the treasurer	5420
into one office, to be known as the clerk-treasurer. The	5421
combination shall be effective on the effective date of the	5422
ordinance or resolution combining the duties of the offices of	5423
clerk and treasurer. At the next regular municipal election at	5424
which the village clerk would have been elected and each four	5425
years thereafter, the clerk-treasurer shall be elected for a term	5426
of four years, commencing on the first day of April following the	5427
clerk-treasurer's election. The clerk-treasurer shall be an	5428
elector of the municipal corporation.	5429

(C) The clerk-treasurer shall perform the duties provided by	5430
law for the clerk and the treasurer. All laws pertaining to the	5431
clerk and to the treasurer shall be construed to apply to the	5432
clerk-treasurer, provided that the initial compensation for the	5433
office of clerk-treasurer shall be established by the legislative	5434
authority and that action shall not be subject to section 731.13	5435
of the Revised Code relating to the time when the compensation of	5436
village elected officials shall be fixed and pertaining to changes	5437
in compensation of officials during the term of office.	5438

(D) The legislative authority of a village having a	5439
clerk-treasurer may separate the offices by ordinance or	5440
resolution passed by at least a majority vote. The action to	5441
separate the offices may be taken in either of the following	5442
circumstances:	5443

(1) When a vacancy exists in the office of clerk-treasurer,	5444
in which case the separation shall be effective upon the effective	5445
date of the ordinance or resolution;	5446

(2) When the action of the legislative authority is certified	5447
to and filed with the board of elections not less than one hundred	5448
~~five~~fifteen days before the day of the next primary election at	5449
which the village clerk and treasurer are to be elected; provided	5450
that in villages under two thousand population in which no	5451
petition for a primary election was filed pursuant to section	5452
3513.01 of the Revised Code, or in villages in which no primary is	5453
held pursuant to section 3513.02 of the Revised Code, such action	5454
shall be certified to the board of elections not less than one	5455
hundred ~~five~~fifteen days before the next general election at	5456
which the village clerk and treasurer are to be elected.	5457

Sec. 733.262. (A) In lieu of having the elected office of	5458
village clerk and the office of village treasurer, or the combined	5459
elected office of village clerk-treasurer, a village may combine	5460
the duties of the clerk and treasurer into one appointed office,	5461
to be known as the village fiscal officer. To make this change,	5462
the village legislative authority shall pass, by a two-thirds	5463
vote, an ordinance or resolution proposing to make the change	5464
effective on the first day of January following the next regular	5465
municipal election at which the village clerk or village	5466
clerk-treasurer is to be elected.	5467

So that no election for the office of village clerk or	5468
village clerk-treasurer is held after the passage of the ordinance	5469
or resolution, the village legislative authority shall file a	5470
certified copy of the ordinance or resolution with the board of	5471
elections not less than one hundred ~~five~~fifteen days before the	5472
day of the next succeeding municipal primary election at which	5473
candidates for the office of village clerk or village	5474
clerk-treasurer are to be nominated, or, in villages with a	5475
population of under two thousand in which no petition for a	5476
primary election is filed under section 3513.01 of the Revised	5477
Code or in villages in which no primary is held under section	5478
3513.02 of the Revised Code, not less than one hundred ~~five~~	5479
fifteen days before the next succeeding regular municipal election	5480
at which the village clerk or village clerk-treasurer is to be	5481
elected.	5482

(B) In addition to the circumstances described in division	5483
(A) of this section, when a vacancy exists in the office of	5484
village clerk or village clerk-treasurer, the village legislative	5485
authority may pass, by a two-thirds vote, an ordinance or	5486
resolution to combine the duties of the clerk and the treasurer	5487
into the appointed office of village fiscal officer. That change	5488
shall take effect on the effective date of the ordinance or	5489
resolution.	5490

(C) A village fiscal officer appointed under this section	5491
shall perform the duties provided by law for the village clerk and	5492
treasurer and any other duties consistent with the nature of the	5493
office that are provided for by municipal ordinance.	5494

(D) A village fiscal officer shall be appointed by the mayor	5495
of the village, but that appointment does not become effective	5496
until it is approved by a majority vote of the village legislative	5497
authority. The village fiscal officer need not be an elector of	5498
the village or reside in the village at the time of appointment;	5499
however, the fiscal officer shall become a resident of the village	5500
within six months after the appointment takes effect, unless an	5501
ordinance is passed approving the fiscal officer's residence	5502
outside of the village.	5503

The village fiscal officer may be removed without cause	5504
either by the mayor with the consent of a majority of the members	5505
of the village legislative authority or by a three-fourths vote of	5506
the village legislative authority with or without the consent of	5507
the mayor.	5508

(E) The legislative authority of a village that has a village	5509
fiscal officer may abolish that appointed office and return to an	5510
elected office of village clerk-treasurer by passing an ordinance	5511
or resolution by a two-thirds vote.	5512

If a vacancy exists in the office of village fiscal officer	5513
when this ordinance or resolution is passed, the abolition shall	5514
take effect on the effective date of the ordinance or resolution,	5515
and the mayor shall appoint a village clerk-treasurer to serve	5516
until the first day of April following the next regular municipal	5517
election at which a clerk-treasurer can be elected. So an election	5518
can be held, the village legislative authority shall file a	5519
certified copy of the ordinance or resolution with the board of	5520
elections not less than one hundred ~~five~~fifteen days before the	5521
day of the next succeeding municipal primary election.	5522

If a vacancy does not exist in the office of village fiscal	5523
officer when the abolishing ordinance or resolution is passed, the	5524
village legislative authority shall certify a copy of the	5525
ordinance or resolution to the board of elections not less than	5526
one hundred ~~five~~fifteen days before the day of the next	5527
succeeding municipal primary election.	5528

The person elected at the next regular municipal election as	5529
village clerk-treasurer under the circumstances described in this	5530
division shall serve a four-year term commencing on the first day	5531
of April following that election.	5532

Sec. 733.31. (A) Unless otherwise provided by law, vacancies	5533
arising in appointive and elective offices of villages shall be	5534
filled by appointment by the mayor for the remainder of the	5535
unexpired term, provided that:	5536

(1) Vacancies in the office of mayor shall be filled in the	5537
manner provided by section 733.25 of the Revised Code;	5538

(2) Vacancies in the membership of the legislative authority	5539
shall be filled in the manner provided by section 731.43 of the	5540
Revised Code;	5541

(3) Vacancies in the office of president pro tempore of a	5542
village legislative authority shall be filled in the manner	5543
provided by section 731.11 of the Revised Code.	5544

In the event of a vacancy in the office of village clerk or	5545
treasurer, the mayor may appoint a person to serve as an acting	5546
officer to perform the duties of the office until a permanent	5547
officer is appointed to fill the vacancy.	5548

(B) Unless otherwise provided by law, vacancies arising in	5549
appointive offices of cities shall be filled by appointment by the	5550
mayor for the remainder of the unexpired term.	5551

(C) A vacancy in the office of president of the legislative	5552
authority of a city shall be filled in the same manner as provided	5553
in division (D) of this section. Vacancies in the office of mayor	5554
of a city shall be filled in the manner provided in section 733.08	5555
of the Revised Code. Vacancies in the membership of the	5556
legislative authority of a city shall be filled in the manner	5557
provided in section 731.43 of the Revised Code.	5558

(D) In case of the death, resignation, removal, or disability	5559
of the director of law, auditor, or treasurer of a city and such	5560
vacancy occurs more than ~~forty~~fifty days before the next general	5561
election for such office, a successor shall be elected at such	5562
election for the unexpired term unless such term expires within	5563
one year immediately following the date of such general election.	5564
In either event, the vacancy shall be filled as provided in this	5565
section and the appointee shall hold ~~his~~ office until a successor	5566
is elected and qualified.	5567

(1) The county central committee of the political party with	5568
which the last occupant of the office was affiliated, acting	5569
through its members who reside in the city where the vacancy	5570
occurs, shall appoint a person to hold the office and to perform	5571
the duties thereof until a successor is elected and has qualified,	5572
except that if such vacancy occurs because of the death,	5573
resignation, or inability to take the office of an officer-elect	5574
whose term has not yet begun, an appointment to take such office	5575
at the beginning of the term shall be made by the members of the	5576
central committee who reside in the city where the vacancy occurs.	5577

(2) Not less than five nor more than forty-five days after a	5578
vacancy occurs, the county central committee, acting through its	5579
members who reside in the city where the vacancy occurs, shall	5580
meet for the purpose of making an appointment. Not less than four	5581
days before the date of the meeting the ~~chairman~~chairperson or	5582
secretary of the central committee shall send by first class mail	5583
to every member of such central committee who resides in the city	5584
where the vacancy occurs a written notice which shall state the	5585
time and place of such meeting and the purpose thereof. A majority	5586
of the members of the central committee present at such meeting	5587
may make the appointment.	5588

(E) If the last occupant of the office or the officer-elect,	5589
as provided in division (D) of this section, was elected as an	5590
independent candidate, the mayor of the city shall make the	5591
appointment at the time the vacancy occurs.	5592

(F) Appointments made under this section shall be certified	5593
by the appointing county central committee or by the mayor of the	5594
municipal corporation to the county board of elections and to the	5595
secretary of state. The persons so appointed and certified shall	5596
be entitled to all remuneration provided by law for the offices to	5597
which they are appointed.	5598

(G) The mayor of the city may appoint a person to hold the	5599
city office of director of law, auditor, or treasurer as an acting	5600
officer and to perform the duties thereof between the occurrence	5601
of the vacancy and the time when the person appointed by the	5602
central committee qualifies and takes the office.	5603

Sec. 733.48. (A) Except as provided in division (B) of this	5604
section, when it considers it necessary, the legislative authority	5605
of a village may provide legal counsel for the village, or for any	5606
department or official of the village, for a period not to exceed	5607
two years and shall provide compensation for the legal counsel.	5608

(B) A petition may be filed with the village clerk, signed by	5609
registered electors residing in the village equal in number to not	5610
less than ten per cent of the total vote cast for all candidates	5611
for governor in the village at the most recent general election at	5612
which a governor was elected, requesting that the question be	5613
placed before the electors whether, instead of the legislative	5614
authority appointing legal counsel for the village or for any	5615
department or official of the village, the mayor shall appoint an	5616
attorney or law firm as the legal counsel with the advice and	5617
consent of the legislative authority. Within two weeks after	5618
receipt of the petition, the clerk shall certify it to the board	5619
of elections, which shall determine its sufficiency and validity.	5620
The petition shall be certified to the board not less than	5621
~~seventy-five~~eighty-five days prior to the election at which the	5622
question is to be voted upon.	5623

At the election, if a majority of the electors of the village	5624
approves the question, then effective immediately when the mayor	5625
considers it necessary, the mayor shall appoint, with the advice	5626
and consent of the legislative authority, an attorney or law firm	5627
as legal counsel for the village, or for any department or	5628
official of the village, for a period not to exceed two years. The	5629
appointment of legal counsel under this division shall be pursuant	5630
to a contract approved by the mayor and a majority vote of the	5631
legislative authority. The contract shall provide for the	5632
compensation and other terms of the engagement of the legal	5633
counsel, and the legislative authority shall provide that	5634
compensation for the legal counsel.	5635

(C) When acting under this section, the legislative authority	5636
acts in its administrative capacity.	5637

Sec. 749.021. Upon the execution of the agreement provided	5638
for in section 749.02 of the Revised Code the legislative	5639
authority of the municipal corporation shall submit to the	5640
electors thereof, at the next general election occurring not less	5641
than ~~seventy-five~~eighty-five days after the certification of the	5642
resolution to the board of elections, the question of the	5643
ratification of such agreement, and if the sum to be paid by the	5644
municipal corporation under the terms of such agreement is not	5645
available from current general revenues thereof, the legislative	5646
authority shall also submit to the electors, at the same election,	5647
the question of the issue of bonds of the municipal corporation in	5648
the amount specified in such agreement for the purpose of	5649
providing funds for the payment of such sum. The proceedings in	5650
the matter of such election and in the issuance and sale of such	5651
bonds shall be as provided by law for municipal bonds. Such	5652
agreement shall not be effective, and no bonds shall be issued,	5653
unless the electors approve of both the agreement and the bond	5654
issue, if the question of the issue of bonds is so submitted.	5655

Sec. 755.01. When five per cent of the qualified electors of	5656
a city petition the board of elections of the county for the	5657
privilege of determining by ballot whether there shall be a board	5658
of park commissioners, such board shall submit at the next general	5659
election held within such city at least eighty-five days after the	5660
petition is filed, or at a special election occurring at least	5661
eighty-five days after the petition is filed, if the petition	5662
requests a special election, the questions presented in the	5663
petition, to the electors of the city. Such special election shall	5664
be held at the usual place for holding municipal elections and	5665
shall be governed by the same rules, regulations, and laws as	5666
govern the holding of municipal elections.	5667

Sec. 757.02. Upon the filing of a petition as provided by	5668
section 757.01 of the Revised Code, the taxing authority of the	5669
municipal corporation shall pass a resolution providing for the	5670
submission of the question of levying a tax as provided by such	5671
section at the next following municipal election. A copy of such	5672
resolution shall be certified by the taxing authority to the board	5673
of elections not less than ~~seventy-five~~eighty-five days before	5674
the general election in any year in which a municipal election is	5675
held, and such board shall submit the question to the electors of	5676
the municipal corporation at the succeeding November election.	5677
Section 5705.25 of the Revised Code relating to the arrangements	5678
for and the conduct of such election, publication thereof, and	5679
form of ballot therefor, shall apply to such proposal to the	5680
electorate.	5681

If sixty-five per cent of the electors voting on such	5682
proposal at the election vote in favor thereof, sections 5705.25	5683
and 5705.26 of the Revised Code, shall apply to the certification	5684
and levy of such additional tax.	5685

Sec. 759.25. The legislative authority of a village may levy	5686
a tax for the purchase of a funeral coach or the ~~contruction~~	5687
construction of a vault for the dead, for the use of the village.	5688
Such resolution shall be filed with the board of elections not	5689
later than four p.m. of the ~~seventy-fifth~~eighty-fifth day before	5690
the day of the election. The question of levying such tax, for	5691
either or both purposes, and the amount asked therefor, shall be	5692
separately submitted to the electors of the village at a general	5693
election. Twenty days' notice of such election shall be given by	5694
posting in at least three public places in the village. The notice	5695
shall state specifically the amount to be raised, and for what	5696
purpose. If a majority of all the votes cast at the election is in	5697
favor of either or both propositions, they shall be considered	5698
adopted and the tax authorized. The funeral coach and vault shall	5699
be under the control of the board of cemetery trustees of the	5700
village where there is such board, otherwise under the control of	5701
the legislative authority or person appointed by it.	5702

Sec. 1515.28. A board of county commissioners may declare by	5703
resolution that it is necessary to levy a tax upon the property	5704
within the project area in order to pay the costs of the	5705
improvement not otherwise funded.	5706

Such resolution shall specify the rate which it is necessary	5707
to levy, the purpose thereof, and the number of years during which	5708
such increase shall be in effect, which levy may include a levy	5709
upon the duplicate of the current year.	5710

A copy of the resolution shall be certified to the board of	5711
elections for the county not less than ~~seventy-five~~eighty-five	5712
days before the general election in any year and said board shall	5713
submit the proposal to the electors within the project area at the	5714
succeeding November election in accordance with section 5705.25 of	5715
the Revised Code. For purposes of that section, the subdivision is	5716
the project area.	5717

If the per cent required for approval of a levy as set forth	5718
in section 5705.26 of the Revised Code vote in favor thereof, the	5719
board of county commissioners may levy a tax within the project	5720
area, outside the ten-mill limitation, during the period and for	5721
the purpose stated in the resolution, or at any less rate or for	5722
any less number of years.	5723

The board may issue bonds and notes in anticipation of the	5724
collection of taxes levied under this section, and notes in	5725
anticipation of the issuance of bonds.	5726

Sec. 1545.21. The board of park commissioners, by	5727
resolution, may submit to the electors of the park district the	5728
question of levying taxes for the use of the district. The	5729
resolution shall declare the necessity of levying such taxes,	5730
shall specify the purpose for which such taxes shall be used, the	5731
annual rate proposed, and the number of consecutive years the rate	5732
shall be levied. Such resolution shall be forthwith certified to	5733
the board of elections in each county in which any part of such	5734
district is located, not later than the ~~seventy-fifth~~eighty-fifth	5735
day before the day of the election, and the question of the levy	5736
of taxes as provided in such resolution shall be submitted to the	5737
electors of the district at a special election to be held on	5738
whichever of the following occurs first:	5739

(A) The day of the next general election;

5740

(B) The first Tuesday after the first Monday in May in any	5741
calendar year, except that if a presidential primary election is	5742
held in that calendar year, then the day of that election. The	5743
ballot shall set forth the purpose for which the taxes shall be	5744
levied, the annual rate of levy, and the number of years of such	5745
levy. If the tax is to be placed on the current tax list, the form	5746
of the ballot shall state that the tax will be levied in the	5747
current tax year and shall indicate the first calendar year the	5748
tax will be due. If the resolution of the board of park	5749
commissioners provides that an existing levy will be canceled upon	5750
the passage of the new levy, the ballot may include a statement	5751
that: "an existing levy of ... mills (stating the original levy	5752
millage), having ... years remaining, will be canceled and	5753
replaced upon the passage of this levy." In such case, the ballot	5754
may refer to the new levy as a "replacement levy" if the new	5755
millage does not exceed the original millage of the levy being	5756
canceled or as a "replacement and additional levy" if the new	5757
millage exceeds the original millage of the levy being canceled.	5758
If a majority of the electors voting upon the question of such	5759
levy vote in favor thereof, such taxes shall be levied and shall	5760
be in addition to the taxes authorized by section 1545.20 of the	5761
Revised Code, and all other taxes authorized by law. The rate	5762
submitted to the electors at any one time shall not exceed two	5763
mills annually upon each dollar of valuation. When a tax levy has	5764
been authorized as provided in this section or in section 1545.041	5765
of the Revised Code, the board of park commissioners may issue	5766
bonds pursuant to section 133.24 of the Revised Code in	5767
anticipation of the collection of such levy, provided that such	5768
bonds shall be issued only for the purpose of acquiring and	5769
improving lands. Such levy, when collected, shall be applied in	5770
payment of the bonds so issued and the interest thereon. The	5771
amount of bonds so issued and outstanding at any time shall not	5772
exceed one per cent of the total tax valuation in such district.	5773
Such bonds shall bear interest at a rate not to exceed the rate	5774
determined as provided in section 9.95 of the Revised Code.	5775

Sec. 1545.36. (A) When the board of elections of the county	5776
in which a park district is located has had filed with it a	5777
petition calling for the dissolution of the district, and	5778
determines that the petition meets the requirements of this	5779
section and section 3501.38 of the Revised Code, the board shall	5780
place the issue of the dissolution on the ballot at the next	5781
special election to be held on the day of a general or primary	5782
election. Written notice of the filing of the petition shall be	5783
sent immediately to the board of park commissioners and the	5784
probate court that created the district.	5785

(B) The petition shall:

5786

(1) Be filed with the board no less than ~~seventy-five~~	5787
eighty-five days before the next election;	5788

(2) Be supported by the signatures of at least twenty-five	5789
per cent of the number of voters in the district who voted in the	5790
preceding gubernatorial election.	5791

(C) If the petition as filed does not have the required	5792
number of signatures and the time for filing has elapsed, the	5793
board shall declare it invalid. No further petition for	5794
dissolution shall be received until after the next election is	5795
completed. On determination of these findings, the board shall	5796
send written notice of them to the principal circulator.	5797

(D)(1) If a majority of the votes cast support the	5798
dissolution, the board shall immediately send written notice of	5799
the vote, citing the number of votes for and against the issue, to	5800
the probate court, to the board of park commissioners, and to the	5801
principal circulator. No park district shall be applied for within	5802
the dissolved district for a period of four years following the	5803
election in which the issue was supported.	5804

(2) If the issue fails to obtain a majority of the votes	5805
cast, the board shall receive no further petition for dissolution	5806
until the fourth year following that in which the election failed,	5807
and shall send written notice of these results to the principal	5808
circulator and the board of park commissioners.	5809

Sec. 1711.30. Before issuing bonds under section 1711.28 of	5810
the Revised Code, the board of county commissioners, by	5811
resolution, shall submit to the qualified electors of the county	5812
at the next general election for county officers, held not less	5813
than ~~thirty~~eighty-five days after receiving from the county	5814
agricultural society the notice provided for in section 1711.25 of	5815
the Revised Code, the question of issuing and selling such bonds	5816
in such amount and denomination as are necessary for the purpose	5817
in view, and shall certify a copy of such resolution to the county	5818
board of elections.	5819

The county board of elections shall place the question of	5820
issuing and selling such bonds upon the ballot and make all other	5821
necessary arrangements for the submission, at the time fixed by	5822
such resolution, of such question to such electors. The votes cast	5823
at such election upon such question must be counted, canvassed,	5824
and certified in the same manner, except as provided by law, as	5825
votes cast for county officers. Fifteen days' notice of such	5826
submission shall be given by the county board of elections, by	5827
publication once a week for two consecutive weeks in two or more	5828
newspapers published in the county, stating the amount of bonds to	5829
be issued, the purpose for which they are to be issued, and the	5830
time and places of holding such election. Such question must be	5831
stated on the ballot as follows: "For the issue of county fair	5832
bonds, yes"; "For the issue of county fair bonds, no." If the	5833
majority of those voting upon the question of issuing the bonds	5834
vote in favor thereof, then and only then shall they be issued and	5835
the tax provided for in section 1711.29 of the Revised Code be	5836
levied.	5837

Sec. 1901.07. (A) All municipal court judges shall be	5838
elected on the nonpartisan ballot for terms of six years. In a	5839
municipal court in which only one judge is to be elected in any	5840
one year, that judge's term commences on the first day of January	5841
after the election. In a municipal court in which two or more	5842
judges are to be elected in any one year, their terms commence on	5843
successive days beginning the first day of January, following the	5844
election, unless otherwise provided by section 1901.08 of the	5845
Revised Code.	5846

(B) All candidates for municipal court judge may be nominated	5847
either by nominating petition or by primary election, except that	5848
if the jurisdiction of a municipal court extends only to the	5849
corporate limits of the municipal corporation in which the court	5850
is located and that municipal corporation operates under a	5851
charter, all candidates shall be nominated in the same manner	5852
provided in the charter for the office of municipal court judge	5853
or, if no specific provisions are made in the charter for the	5854
office of municipal court judge, in the same manner as the charter	5855
prescribes for the nomination and election of the legislative	5856
authority of the municipal corporation.	5857

If the jurisdiction of a municipal court extends beyond the	5858
corporate limits of the municipal corporation in which it is	5859
located or if the jurisdiction of the court does not extend beyond	5860
the corporate limits of the municipal corporation in which it is	5861
located and no charter provisions apply, all candidates for party	5862
nomination to the office of municipal court judge shall file a	5863
declaration of candidacy and petition not later than four p.m. of	5864
the ~~seventy-fifth~~eighty-fifth day before the day of the primary	5865
election~~, or if the primary election is a presidential primary~~	5866
~~election, not later than four p.m. of the sixtieth day before the~~	5867
~~day of the presidential primary election,~~ in the form prescribed	5868
by section 3513.07 of the Revised Code. The petition shall	5869
conform to the requirements provided for those petitions of	5870
candidacy contained in section 3513.05 of the Revised Code,	5871
except that the petition shall be signed by at least fifty	5872
electors of the territory of the court. If no valid declaration	5873
of candidacy is filed for nomination as a candidate of a	5874
political party for election to the office of municipal court	5875
judge, or if the number of persons filing the declarations of	5876
candidacy for nominations as candidates of one political party	5877
for election to the office does not exceed the number of	5878
candidates that that party is entitled to nominate as its	5879
candidates for election to the office, no primary election shall	5880
be held for the purpose of nominating candidates of that party	5881
for election to the office, and the candidates shall be issued	5882
certificates of nomination in the manner set forth in section	5883
3513.02 of the Revised Code.	5884

If the jurisdiction of a municipal court extends beyond the	5885
corporate limits of the municipal corporation in which it is	5886
located or if the jurisdiction of the court does not extend beyond	5887
the corporate limits of the municipal corporation in which it is	5888
located and no charter provisions apply, nonpartisan candidates	5889
for the office of municipal court judge shall file nominating	5890
petitions not later than four p.m. of the day before the day of	5891
the primary election in the form prescribed by section 3513.261 of	5892
the Revised Code. The petition shall conform to the requirements	5893
provided for those petitions of candidacy contained in section	5894
3513.257 of the Revised Code, except that the petition shall be	5895
signed by at least fifty electors of the territory of the court.	5896

The nominating petition or declaration of candidacy for a	5897
municipal court judge shall contain a designation of the term for	5898
which the candidate seeks election. At the following regular	5899
municipal election, the candidacies of the judges nominated shall	5900
be submitted to the electors of the territory on a nonpartisan,	5901
judicial ballot in the same manner as provided for judges of the	5902
court of common pleas, except that, in a municipal corporation	5903
operating under a charter, all candidates for municipal court	5904
judge shall be elected in conformity with the charter if	5905
provisions are made in the charter for the election of municipal	5906
court judges.	5907

(C) Notwithstanding divisions (A) and (B) of this section, in	5908
the following municipal courts, the judges shall be nominated and	5909
elected as follows:	5910

(1) In the Cleveland municipal court, the judges shall be	5911
nominated only by petition. The petition shall be signed by at	5912
least fifty electors of the territory of the court. It shall be in	5913
the statutory form and shall be filed in the manner and within the	5914
time prescribed by the charter of the city of Cleveland for filing	5915
petitions of candidates for municipal offices. Each elector shall	5916
have the right to sign petitions for as many candidates as are to	5917
be elected, but no more. The judges shall be elected by the	5918
electors of the territory of the court in the manner provided by	5919
law for the election of judges of the court of common pleas.	5920

(2) In the Toledo municipal court, the judges shall be	5921
nominated only by petition. The petition shall be signed by at	5922
least fifty electors of the territory of the court. It shall be in	5923
the statutory form and shall be filed in the manner and within the	5924
time prescribed by the charter of the city of Toledo for filing	5925
nominating petitions for city council. Each elector shall have the	5926
right to sign petitions for as many candidates as are to be	5927
elected, but no more. The judges shall be elected by the electors	5928
of the territory of the court in the manner provided by law for	5929
the election of judges of the court of common pleas.	5930

(3) In the Akron municipal court, the judges shall be	5931
nominated only by petition. The petition shall be signed by at	5932
least fifty electors of the territory of the court. It shall be in	5933
statutory form and shall be filed in the manner and within the	5934
time prescribed by the charter of the city of Akron for filing	5935
nominating petitions of candidates for municipal offices. Each	5936
elector shall have the right to sign petitions for as many	5937
candidates as are to be elected, but no more. The judges shall be	5938
elected by the electors of the territory of the court in the	5939
manner provided by law for the election of judges of the court of	5940
common pleas.	5941

(4) In the Hamilton county municipal court, the judges shall	5942
be nominated only by petition. The petition shall be signed by at	5943
least fifty electors of the territory of the court, which	5944
petitions shall be signed, verified, and filed in the manner and	5945
within the time required by law for nominating petitions for	5946
members of council of the city of Cincinnati. The judges shall be	5947
elected by the electors of the territory of the court at the	5948
regular municipal election and in the manner provided by law for	5949
the election of judges of the court of common pleas.	5950

(5) In the Franklin county municipal court, the judges shall	5951
be nominated only by petition. The petition shall be signed by at	5952
least fifty electors of the territory of the court. The petition	5953
shall be in the statutory form and shall be filed in the manner	5954
and within the time prescribed by the charter of the city of	5955
Columbus for filing petitions of candidates for municipal offices.	5956
The judges shall be elected by the electors of the territory of	5957
the court in the manner provided by law for the election of judges	5958
of the court of common pleas.	5959

(6) In the Auglaize, Brown, Carroll, Clermont, Crawford,	5960
Hocking, Jackson, Lawrence, Madison, Miami, Morrow, and Wayne	5961
county municipal courts, the judges shall be nominated only by	5962
petition. The petitions shall be signed by at least fifty	5963
electors of the territory of the court and shall conform to the	5964
provisions of this section.	5965

(D) In the Portage county municipal court, the judges shall	5966
be nominated either by nominating petition or by primary election,	5967
as provided in division (B) of this section.	5968

(E) As used in this section, as to an election for either a	5969
full or an unexpired term, "the territory within the jurisdiction	5970
of the court" means that territory as it will be on the first day	5971
of January after the election.	5972

Sec. 1901.10. (A)(1)(a) The judges of the municipal court	5973
and officers of the court shall take an oath of office as provided	5974
in section 3.23 of the Revised Code. The office of judge of the	5975
municipal court is subject to forfeiture, and the judge may be	5976
removed from office, for the causes and by the procedure provided	5977
in sections 3.07 to 3.10 of the Revised Code. A vacancy in the	5978
office of judge exists upon the death, resignation, forfeiture,	5979
removal from office, or absence from official duties for a period	5980
of six consecutive months, as determined under this section, of	5981
the judge and also by reason of the expiration of the term of an	5982
incumbent when no successor has been elected or qualified. The	5983
chief justice of the supreme court may designate a judge of	5984
another municipal court to act until that vacancy is filled in	5985
accordance with section 107.08 of the Revised Code. A vacancy	5986
resulting from the absence of a judge from official duties for a	5987
period of six consecutive months shall be determined and declared	5988
by the legislative authority.	5989

(b) If a vacancy occurs in the office of judge or clerk of	5990
the municipal court after the one-hundredth day before the first	5991
Tuesday after the first Monday in May and prior to the ~~fortieth~~	5992
fiftieth day before the day of the general election, all	5993
candidates for election to the unexpired term of the judge or	5994
clerk shall file nominating petitions with the board of elections	5995
not later than four p.m. on the tenth day following the day on	5996
which the vacancy occurs, except that, when the vacancy occurs	5997
fewer than six days before the ~~fortieth~~fiftieth day before the	5998
general election, the deadline for filing shall be four p.m. on	5999
the ~~thirty-sixth~~forty-sixth day before the day of the general	6000
election.	6001

(c) Each nominating petition referred to in division	6002
(A)(1)(b) of this section shall be in the form prescribed in	6003
section 3513.261 of the Revised Code and shall be signed by at	6004
least fifty qualified electors of the territory of the municipal	6005
court. No nominating petition shall be accepted for filing or	6006
filed if it appears on its face to contain signatures aggregating	6007
in number more than twice the minimum aggregate number of	6008
signatures required by this section.	6009

(2) If a judge of a municipal court that has only one judge	6010
is temporarily absent, incapacitated, or otherwise unavailable,	6011
the judge may appoint a substitute who has the qualifications	6012
required by section 1901.06 of the Revised Code or a retired judge	6013
of a court of record who is a qualified elector and a resident of	6014
the territory of the court. If the judge is unable to make the	6015
appointment, the chief justice of the supreme court shall appoint	6016
a substitute. The appointee shall serve during the absence,	6017
incapacity, or unavailability of the incumbent, shall have the	6018
jurisdiction and powers conferred upon the judge of the municipal	6019
court, and shall be styled "acting judge." During that time of	6020
service, the acting judge shall sign all process and records and	6021
shall perform all acts pertaining to the office, except that of	6022
removal and appointment of officers of the court. All courts shall	6023
take judicial notice of the selection and powers of the acting	6024
judge. The incumbent judge shall establish the amount of	6025
compensation of an acting judge upon either a per diem, hourly, or	6026
other basis, but the rate of pay shall not exceed the per diem	6027
amount received by the incumbent judge.	6028

(B) When the volume of cases pending in any municipal court	6029
necessitates an additional judge, the chief justice of the supreme	6030
court, upon the written request of the judge or presiding judge of	6031
that municipal court, may designate a judge of another municipal	6032
court or county court to serve for any period of time that the	6033
chief justice may prescribe. The compensation of a judge so	6034
designated shall be paid from the city treasury or, in the case of	6035
a county-operated municipal court, from the county treasury. In	6036
addition to the annual salary provided for in section 1901.11 of	6037
the Revised Code and in addition to any compensation under	6038
division (A)(5) or (6) of section 141.04 of the Revised Code to	6039
which the judge is entitled in connection with the judge's own	6040
court, a full-time or part-time judge while holding court outside	6041
the judge's territory on the designation of the chief justice	6042
shall receive actual and necessary expenses and compensation as	6043
follows:	6044

(1) A full-time judge shall receive thirty dollars for each	6045
day of the assignment.	6046

(2) A part-time judge shall receive for each day of the	6047
assignment the per diem compensation of the judges of the court to	6048
which the judge is assigned, less the per diem amount paid to	6049
those judges pursuant to section 141.04 of the Revised Code,	6050
calculated on the basis of two hundred fifty working days per	6051
year.	6052

If a request is made by a judge or the presiding judge of a	6053
municipal court to designate a judge of another municipal court	6054
because of the volume of cases in the court for which the request	6055
is made and the chief justice reports, in writing, that no	6056
municipal or county court judge is available to serve by	6057
designation, the judges of the court requesting the designation	6058
may appoint a substitute as provided in division (A)(2) of this	6059
section, who may serve for any period of time that is prescribed	6060
by the chief justice. The substitute judge shall be paid in the	6061
same manner and at the same rate as the incumbent judges, except	6062
that, if the substitute judge is entitled to compensation under	6063
division (A)(5) or (6) of section 141.04 of the Revised Code, then	6064
section 1901.121 of the Revised Code shall govern its payment.	6065

Sec. 1901.31. The clerk and deputy clerks of a municipal	6066
court shall be selected, be compensated, give bond, and have	6067
powers and duties as follows:	6068

(A) There shall be a clerk of the court who is appointed or	6069
elected as follows:	6070

(1)(a) Except in the Akron, Barberton, Toledo, Hamilton	6071
county, Portage county, and Wayne county municipal courts and	6072
through December 31, 2008, the Cuyahoga Falls municipal court, if	6073
the population of the territory equals or exceeds one hundred	6074
thousand at the regular municipal election immediately preceding	6075
the expiration of the term of the present clerk, the clerk shall	6076
be nominated and elected by the qualified electors of the	6077
territory in the manner that is provided for the nomination and	6078
election of judges in section 1901.07 of the Revised Code.	6079

The clerk so elected shall hold office for a term of six	6080
years, which term shall commence on the first day of January	6081
following the clerk's election and continue until the clerk's	6082
successor is elected and qualified.	6083

(b) In the Hamilton county municipal court, the clerk of	6084
courts of Hamilton county shall be the clerk of the municipal	6085
court and may appoint an assistant clerk who shall receive the	6086
compensation, payable out of the treasury of Hamilton county in	6087
semimonthly installments, that the board of county commissioners	6088
prescribes. The clerk of courts of Hamilton county, acting as the	6089
clerk of the Hamilton county municipal court and assuming the	6090
duties of that office, shall receive compensation at one-fourth	6091
the rate that is prescribed for the clerks of courts of common	6092
pleas as determined in accordance with the population of the	6093
county and the rates set forth in sections 325.08 and 325.18 of	6094
the Revised Code. This compensation shall be paid from the county	6095
treasury in semimonthly installments and is in addition to the	6096
annual compensation that is received for the performance of the	6097
duties of the clerk of courts of Hamilton county, as provided in	6098
sections 325.08 and 325.18 of the Revised Code.	6099

(c) In the Portage county and Wayne county municipal courts,	6100
the clerks of courts of Portage county and Wayne county shall be	6101
the clerks, respectively, of the Portage county and Wayne county	6102
municipal courts and may appoint a chief deputy clerk for each	6103
branch that is established pursuant to section 1901.311 of the	6104
Revised Code and assistant clerks as the judges of the municipal	6105
court determine are necessary, all of whom shall receive the	6106
compensation that the legislative authority prescribes. The clerks	6107
of courts of Portage county and Wayne county, acting as the clerks	6108
of the Portage county and Wayne county municipal courts and	6109
assuming the duties of these offices, shall receive compensation	6110
payable from the county treasury in semimonthly installments at	6111
one-fourth the rate that is prescribed for the clerks of courts of	6112
common pleas as determined in accordance with the population of	6113
the county and the rates set forth in sections 325.08 and 325.18	6114
of the Revised Code.	6115

(d) Except as otherwise provided in division (A)(1)(d) of	6116
this section, in the Akron municipal court, candidates for	6117
election to the office of clerk of the court shall be nominated by	6118
primary election. The primary election shall be held on the day	6119
specified in the charter of the city of Akron for the nomination	6120
of municipal officers. Notwithstanding any contrary provision of	6121
section 3513.05 or 3513.257 of the Revised Code, the declarations	6122
of candidacy and petitions of partisan candidates and the	6123
nominating petitions of independent candidates for the office of	6124
clerk of the Akron municipal court shall be signed by at least	6125
fifty qualified electors of the territory of the court.	6126

The candidates shall file a declaration of candidacy and	6127
petition, or a nominating petition, whichever is applicable, not	6128
later than four p.m. of the ~~seventy-fifth~~eighty-fifth day before	6129
the day of the primary election, in the form prescribed by section	6130
3513.07 or 3513.261 of the Revised Code. The declaration of	6131
candidacy and petition, or the nominating petition, shall conform	6132
to the applicable requirements of section 3513.05 or 3513.257 of	6133
the Revised Code.	6134

If no valid declaration of candidacy and petition is filed by	6135
any person for nomination as a candidate of a particular political	6136
party for election to the office of clerk of the Akron municipal	6137
court, a primary election shall not be held for the purpose of	6138
nominating a candidate of that party for election to that office.	6139
If only one person files a valid declaration of candidacy and	6140
petition for nomination as a candidate of a particular political	6141
party for election to that office, a primary election shall not be	6142
held for the purpose of nominating a candidate of that party for	6143
election to that office, and the candidate shall be issued a	6144
certificate of nomination in the manner set forth in section	6145
3513.02 of the Revised Code.	6146

Declarations of candidacy and petitions, nominating	6147
petitions, and certificates of nomination for the office of clerk	6148
of the Akron municipal court shall contain a designation of the	6149
term for which the candidate seeks election. At the following	6150
regular municipal election, all candidates for the office shall be	6151
submitted to the qualified electors of the territory of the court	6152
in the manner that is provided in section 1901.07 of the Revised	6153
Code for the election of the judges of the court. The clerk so	6154
elected shall hold office for a term of six years, which term	6155
shall commence on the first day of January following the clerk's	6156
election and continue until the clerk's successor is elected and	6157
qualified.	6158

(e) Except as otherwise provided in division (A)(1)(e) of	6159
this section, in the Barberton municipal court, candidates for	6160
election to the office of clerk of the court shall be nominated by	6161
primary election. The primary election shall be held on the day	6162
specified in the charter of the city of Barberton for the	6163
nomination of municipal officers. Notwithstanding any contrary	6164
provision of section 3513.05 or 3513.257 of the Revised Code, the	6165
declarations of candidacy and petitions of partisan candidates and	6166
the nominating petitions of independent candidates for the office	6167
of clerk of the Barberton municipal court shall be signed by at	6168
least fifty qualified electors of the territory of the court.	6169

The candidates shall file a declaration of candidacy and	6170
petition, or a nominating petition, whichever is applicable, not	6171
later than four p.m. of the ~~seventy-fifth~~eighty-fifth day before	6172
the day of the primary election, in the form prescribed by section	6173
3513.07 or 3513.261 of the Revised Code. The declaration of	6174
candidacy and petition, or the nominating petition, shall conform	6175
to the applicable requirements of section 3513.05 or 3513.257 of	6176
the Revised Code.	6177

If no valid declaration of candidacy and petition is filed by	6178
any person for nomination as a candidate of a particular political	6179
party for election to the office of clerk of the Barberton	6180
municipal court, a primary election shall not be held for the	6181
purpose of nominating a candidate of that party for election to	6182
that office. If only one person files a valid declaration of	6183
candidacy and petition for nomination as a candidate of a	6184
particular political party for election to that office, a primary	6185
election shall not be held for the purpose of nominating a	6186
candidate of that party for election to that office, and the	6187
candidate shall be issued a certificate of nomination in the	6188
manner set forth in section 3513.02 of the Revised Code.	6189

Declarations of candidacy and petitions, nominating	6190
petitions, and certificates of nomination for the office of clerk	6191
of the Barberton municipal court shall contain a designation of	6192
the term for which the candidate seeks election. At the following	6193
regular municipal election, all candidates for the office shall be	6194
submitted to the qualified electors of the territory of the court	6195
in the manner that is provided in section 1901.07 of the Revised	6196
Code for the election of the judges of the court. The clerk so	6197
elected shall hold office for a term of six years, which term	6198
shall commence on the first day of January following the clerk's	6199
election and continue until the clerk's successor is elected and	6200
qualified.	6201

(f)(i) Through December 31, 2008, except as otherwise	6202
provided in division (A)(1)(f)(i) of this section, in the Cuyahoga	6203
Falls municipal court, candidates for election to the office of	6204
clerk of the court shall be nominated by primary election. The	6205
primary election shall be held on the day specified in the charter	6206
of the city of Cuyahoga Falls for the nomination of municipal	6207
officers. Notwithstanding any contrary provision of section	6208
3513.05 or 3513.257 of the Revised Code, the declarations of	6209
candidacy and petitions of partisan candidates and the nominating	6210
petitions of independent candidates for the office of clerk of the	6211
Cuyahoga Falls municipal court shall be signed by at least fifty	6212
qualified electors of the territory of the court.	6213

The candidates shall file a declaration of candidacy and	6214
petition, or a nominating petition, whichever is applicable, not	6215
later than four p.m. of the ~~seventy-fifth~~eighty-fifth day before	6216
the day of the primary election, in the form prescribed by section	6217
3513.07 or 3513.261 of the Revised Code. The declaration of	6218
candidacy and petition, or the nominating petition, shall conform	6219
to the applicable requirements of section 3513.05 or 3513.257 of	6220
the Revised Code.	6221

If no valid declaration of candidacy and petition is filed by	6222
any person for nomination as a candidate of a particular political	6223
party for election to the office of clerk of the Cuyahoga Falls	6224
municipal court, a primary election shall not be held for the	6225
purpose of nominating a candidate of that party for election to	6226
that office. If only one person files a valid declaration of	6227
candidacy and petition for nomination as a candidate of a	6228
particular political party for election to that office, a primary	6229
election shall not be held for the purpose of nominating a	6230
candidate of that party for election to that office, and the	6231
candidate shall be issued a certificate of nomination in the	6232
manner set forth in section 3513.02 of the Revised Code.	6233

Declarations of candidacy and petitions, nominating	6234
petitions, and certificates of nomination for the office of clerk	6235
of the Cuyahoga Falls municipal court shall contain a designation	6236
of the term for which the candidate seeks election. At the	6237
following regular municipal election, all candidates for the	6238
office shall be submitted to the qualified electors of the	6239
territory of the court in the manner that is provided in section	6240
1901.07 of the Revised Code for the election of the judges of the	6241
court. The clerk so elected shall hold office for a term of six	6242
years, which term shall commence on the first day of January	6243
following the clerk's election and continue until the clerk's	6244
successor is elected and qualified.	6245

(ii) Division (A)(1)(f)(i) of this section shall have no	6246
effect after December 31, 2008.	6247

(g) Except as otherwise provided in division (A)(1)(g) of	6248
this section, in the Toledo municipal court, candidates for	6249
election to the office of clerk of the court shall be nominated by	6250
primary election. The primary election shall be held on the day	6251
specified in the charter of the city of Toledo for the nomination	6252
of municipal officers. Notwithstanding any contrary provision of	6253
section 3513.05 or 3513.257 of the Revised Code, the declarations	6254
of candidacy and petitions of partisan candidates and the	6255
nominating petitions of independent candidates for the office of	6256
clerk of the Toledo municipal court shall be signed by at least	6257
fifty qualified electors of the territory of the court.	6258

The candidates shall file a declaration of candidacy and	6259
petition, or a nominating petition, whichever is applicable, not	6260
later than four p.m. of the ~~seventy-fifth~~eighty-fifth day before	6261
the day of the primary election, in the form prescribed by section	6262
3513.07 or 3513.261 of the Revised Code. The declaration of	6263
candidacy and petition, or the nominating petition, shall conform	6264
to the applicable requirements of section 3513.05 or 3513.257 of	6265
the Revised Code.	6266

If no valid declaration of candidacy and petition is filed by	6267
any person for nomination as a candidate of a particular political	6268
party for election to the office of clerk of the Toledo municipal	6269
court, a primary election shall not be held for the purpose of	6270
nominating a candidate of that party for election to that office.	6271
If only one person files a valid declaration of candidacy and	6272
petition for nomination as a candidate of a particular political	6273
party for election to that office, a primary election shall not be	6274
held for the purpose of nominating a candidate of that party for	6275
election to that office, and the candidate shall be issued a	6276
certificate of nomination in the manner set forth in section	6277
3513.02 of the Revised Code.	6278

Declarations of candidacy and petitions, nominating	6279
petitions, and certificates of nomination for the office of clerk	6280
of the Toledo municipal court shall contain a designation of the	6281
term for which the candidate seeks election. At the following	6282
regular municipal election, all candidates for the office shall be	6283
submitted to the qualified electors of the territory of the court	6284
in the manner that is provided in section 1901.07 of the Revised	6285
Code for the election of the judges of the court. The clerk so	6286
elected shall hold office for a term of six years, which term	6287
shall commence on the first day of January following the clerk's	6288
election and continue until the clerk's successor is elected and	6289
qualified.	6290

(2)(a) Except for the Alliance, Auglaize county, Brown	6291
county, Columbiana county, Holmes county, Lorain, Massillon, and	6292
Youngstown municipal courts, in a municipal court for which the	6293
population of the territory is less than one hundred thousand, the	6294
clerk shall be appointed by the court, and the clerk shall hold	6295
office until the clerk's successor is appointed and qualified.	6296

(b) In the Alliance, Lorain, Massillon, and Youngstown	6297
municipal courts, the clerk shall be elected for a term of office	6298
as described in division (A)(1)(a) of this section.	6299

(c) In the Auglaize county, Brown county, and Holmes county	6300
municipal courts, the clerks of courts of Auglaize county, Brown	6301
county, and Holmes county shall be the clerks, respectively, of	6302
the Auglaize county, Brown county, and Holmes county municipal	6303
courts and may appoint a chief deputy clerk for each branch office	6304
that is established pursuant to section 1901.311 of the Revised	6305
Code, and assistant clerks as the judge of the court determines	6306
are necessary, all of whom shall receive the compensation that the	6307
legislative authority prescribes. The clerks of courts of Auglaize	6308
county, Brown county, and Holmes county, acting as the clerks of	6309
the Auglaize county, Brown county, and Holmes county municipal	6310
courts and assuming the duties of these offices, shall receive	6311
compensation payable from the county treasury in semimonthly	6312
installments at one-fourth the rate that is prescribed for the	6313
clerks of courts of common pleas as determined in accordance with	6314
the population of the county and the rates set forth in sections	6315
325.08 and 325.18 of the Revised Code.	6316

(d) In the Columbiana county municipal court, the clerk of	6317
courts of Columbiana county shall be the clerk of the municipal	6318
court, may appoint a chief deputy clerk for each branch office	6319
that is established pursuant to section 1901.311 of the Revised	6320
Code, and may appoint any assistant clerks that the judges of the	6321
court determine are necessary. All of the chief deputy clerks and	6322
assistant clerks shall receive the compensation that the	6323
legislative authority prescribes. The clerk of courts of	6324
Columbiana county, acting as the clerk of the Columbiana county	6325
municipal court and assuming the duties of that office, shall	6326
receive in either biweekly installments or semimonthly	6327
installments, as determined by the payroll administrator,	6328
compensation payable from the county treasury at one-fourth the	6329
rate that is prescribed for the clerks of courts of common pleas	6330
as determined in accordance with the population of the county and	6331
the rates set forth in sections 325.08 and 325.18 of the Revised	6332
Code.	6333

(3) During the temporary absence of the clerk due to illness,	6334
vacation, or other proper cause, the court may appoint a temporary	6335
clerk, who shall be paid the same compensation, have the same	6336
authority, and perform the same duties as the clerk.	6337

(B) Except in the Hamilton county, Portage county, and Wayne	6338
county municipal courts, if a vacancy occurs in the office of the	6339
clerk of the Alliance, Lorain, Massillon, or Youngstown municipal	6340
court or occurs in the office of the clerk of a municipal court	6341
for which the population of the territory equals or exceeds one	6342
hundred thousand because the clerk ceases to hold the office	6343
before the end of the clerk's term or because a clerk-elect fails	6344
to take office, the vacancy shall be filled, until a successor is	6345
elected and qualified, by a person chosen by the residents of the	6346
territory of the court who are members of the county central	6347
committee of the political party by which the last occupant of	6348
that office or the clerk-elect was nominated. Not less than five	6349
nor more than fifteen days after a vacancy occurs, those members	6350
of that county central committee shall meet to make an appointment	6351
to fill the vacancy. At least four days before the date of the	6352
meeting, the chairperson or a secretary of the county central	6353
committee shall notify each such member of that county central	6354
committee by first class mail of the date, time, and place of the	6355
meeting and its purpose. A majority of all such members of that	6356
county central committee constitutes a quorum, and a majority of	6357
the quorum is required to make the appointment. If the office so	6358
vacated was occupied or was to be occupied by a person not	6359
nominated at a primary election, or if the appointment was not	6360
made by the committee members in accordance with this division,	6361
the court shall make an appointment to fill the vacancy. A	6362
successor shall be elected to fill the office for the unexpired	6363
term at the first municipal election that is held more than one	6364
hundred ~~twenty~~thirty days after the vacancy occurred.	6365

(C)(1) In a municipal court, other than the Auglaize county,	6366
the Brown county, the Columbiana county, the Holmes county, and	6367
the Lorain municipal courts, for which the population of the	6368
territory is less than one hundred thousand, the clerk of the	6369
municipal court shall receive the annual compensation that the	6370
presiding judge of the court prescribes, if the revenue of the	6371
court for the preceding calendar year, as certified by the auditor	6372
or chief fiscal officer of the municipal corporation in which the	6373
court is located or, in the case of a county-operated municipal	6374
court, the county auditor, is equal to or greater than the	6375
expenditures, including any debt charges, for the operation of the	6376
court payable under this chapter from the city treasury or, in the	6377
case of a county-operated municipal court, the county treasury for	6378
that calendar year, as also certified by the auditor or chief	6379
fiscal officer. If the revenue of a municipal court, other than	6380
the Auglaize county, the Brown county, the Columbiana county, and	6381
the Lorain municipal courts, for which the population of the	6382
territory is less than one hundred thousand for the preceding	6383
calendar year as so certified is not equal to or greater than	6384
those expenditures for the operation of the court for that	6385
calendar year as so certified, the clerk of a municipal court	6386
shall receive the annual compensation that the legislative	6387
authority prescribes. As used in this division, "revenue" means	6388
the total of all costs and fees that are collected and paid to the	6389
city treasury or, in a county-operated municipal court, the county	6390
treasury by the clerk of the municipal court under division (F) of	6391
this section and all interest received and paid to the city	6392
treasury or, in a county-operated municipal court, the county	6393
treasury in relation to the costs and fees under division (G) of	6394
this section.	6395

(2) In a municipal court, other than the Hamilton county,	6396
Portage county, and Wayne county municipal courts, for which the	6397
population of the territory is one hundred thousand or more, and	6398
in the Lorain municipal court, the clerk of the municipal court	6399
shall receive annual compensation in a sum equal to eighty-five	6400
per cent of the salary of a judge of the court.	6401

(3) The compensation of a clerk described in division (C)(1)	6402
or (2) of this section and of the clerk of the Columbiana county	6403
municipal court is payable in either semimonthly installments or	6404
biweekly installments, as determined by the payroll administrator,	6405
from the same sources and in the same manner as provided in	6406
section 1901.11 of the Revised Code, except that the compensation	6407
of the clerk of the Carroll county municipal court is payable in	6408
biweekly installments.	6409

(D) Before entering upon the duties of the clerk's office,	6410
the clerk of a municipal court shall give bond of not less than	6411
six thousand dollars to be determined by the judges of the court,	6412
conditioned upon the faithful performance of the clerk's duties.	6413

(E) The clerk of a municipal court may do all of the	6414
following: administer oaths, take affidavits, and issue executions	6415
upon any judgment rendered in the court, including a judgment for	6416
unpaid costs; issue, sign, and attach the seal of the court to all	6417
writs, process, subpoenas, and papers issuing out of the court;	6418
and approve all bonds, sureties, recognizances, and undertakings	6419
fixed by any judge of the court or by law. The clerk may refuse to	6420
accept for filing any pleading or paper submitted for filing by a	6421
person who has been found to be a vexatious litigator under	6422
section 2323.52 of the Revised Code and who has failed to obtain	6423
leave to proceed under that section. The clerk shall do all of	6424
the following: file and safely keep all journals, records,	6425
books, and papers belonging or appertaining to the court; record	6426
the proceedings of the court; perform all other duties that the	6427
judges of the court may prescribe; and keep a book showing all	6428
receipts and disbursements, which book shall be open for public	6429
inspection at all times.	6430

The clerk shall prepare and maintain a general index, a	6431
docket, and other records that the court, by rule, requires, all	6432
of which shall be the public records of the court. In the docket,	6433
the clerk shall enter, at the time of the commencement of an	6434
action, the names of the parties in full, the names of the	6435
counsel, and the nature of the proceedings. Under proper dates,	6436
the clerk shall note the filing of the complaint, issuing of	6437
summons or other process, returns, and any subsequent pleadings.	6438
The clerk also shall enter all reports, verdicts, orders,	6439
judgments, and proceedings of the court, clearly specifying the	6440
relief granted or orders made in each action. The court may order	6441
an extended record of any of the above to be made and entered,	6442
under the proper action heading, upon the docket at the request of	6443
any party to the case, the expense of which record may be taxed as	6444
costs in the case or may be required to be prepaid by the party	6445
demanding the record, upon order of the court.	6446

(F) The clerk of a municipal court shall receive, collect,	6447
and issue receipts for all costs, fees, fines, bail, and other	6448
moneys payable to the office or to any officer of the court. The	6449
clerk shall each month disburse to the proper persons or officers,	6450
and take receipts for, all costs, fees, fines, bail, and other	6451
moneys that the clerk collects. Subject to sections 307.515 and	6452
4511.193 of the Revised Code and to any other section of the	6453
Revised Code that requires a specific manner of disbursement of	6454
any moneys received by a municipal court and except for the	6455
Hamilton county, Lawrence county, and Ottawa county municipal	6456
courts, the clerk shall pay all fines received for violation of	6457
municipal ordinances into the treasury of the municipal	6458
corporation the ordinance of which was violated and shall pay all	6459
fines received for violation of township resolutions adopted	6460
pursuant to section 503.52 or 503.53 or Chapter 504. of the	6461
Revised Code into the treasury of the township the resolution of	6462
which was violated. Subject to sections 1901.024 and 4511.193 of	6463
the Revised Code, in the Hamilton county, Lawrence county, and	6464
Ottawa county municipal courts, the clerk shall pay fifty per cent	6465
of the fines received for violation of municipal ordinances and	6466
fifty per cent of the fines received for violation of township	6467
resolutions adopted pursuant to section 503.52 or 503.53 or	6468
Chapter 504. of the Revised Code into the treasury of the county.	6469
Subject to sections 307.515, 4511.19, and 5503.04 of the Revised	6470
Code and to any other section of the Revised Code that requires a	6471
specific manner of disbursement of any moneys received by a	6472
municipal court, the clerk shall pay all fines collected for the	6473
violation of state laws into the county treasury. Except in a	6474
county-operated municipal court, the clerk shall pay all costs and	6475
fees the disbursement of which is not otherwise provided for in	6476
the Revised Code into the city treasury. The clerk of a	6477
county-operated municipal court shall pay the costs and fees the	6478
disbursement of which is not otherwise provided for in the Revised	6479
Code into the county treasury. Moneys deposited as security for	6480
costs shall be retained pending the litigation. The clerk shall	6481
keep a separate account of all receipts and disbursements in civil	6482
and criminal cases, which shall be a permanent public record of	6483
the office. On the expiration of the term of the clerk, the clerk	6484
shall deliver the records to the clerk's successor. The clerk	6485
shall have other powers and duties as are prescribed by rule or	6486
order of the court.	6487

(G) All moneys paid into a municipal court shall be noted on	6488
the record of the case in which they are paid and shall be	6489
deposited in a state or national bank, or a domestic savings and	6490
loan association, as defined in section 1151.01 of the Revised	6491
Code, that is selected by the clerk. Any interest received upon	6492
the deposits shall be paid into the city treasury, except that, in	6493
a county-operated municipal court, the interest shall be paid into	6494
the treasury of the county in which the court is located.	6495

On the first Monday in January of each year, the clerk shall	6496
make a list of the titles of all cases in the court that were	6497
finally determined more than one year past in which there remains	6498
unclaimed in the possession of the clerk any funds, or any part of	6499
a deposit for security of costs not consumed by the costs in the	6500
case. The clerk shall give notice of the moneys to the parties who	6501
are entitled to the moneys or to their attorneys of record. All	6502
the moneys remaining unclaimed on the first day of April of each	6503
year shall be paid by the clerk to the city treasurer, except	6504
that, in a county-operated municipal court, the moneys shall be	6505
paid to the treasurer of the county in which the court is located.	6506
The treasurer shall pay any part of the moneys at any time to the	6507
person who has the right to the moneys upon proper certification	6508
of the clerk.	6509

(H) Deputy clerks of a municipal court other than the Carroll	6510
county municipal court may be appointed by the clerk and shall	6511
receive the compensation, payable in either biweekly installments	6512
or semimonthly installments, as determined by the payroll	6513
administrator, out of the city treasury, that the clerk may	6514
prescribe, except that the compensation of any deputy clerk of a	6515
county-operated municipal court shall be paid out of the treasury	6516
of the county in which the court is located. The judge of the	6517
Carroll county municipal court may appoint deputy clerks for the	6518
court, and the deputy clerks shall receive the compensation,	6519
payable in biweekly installments out of the county treasury, that	6520
the judge may prescribe. Each deputy clerk shall take an oath of	6521
office before entering upon the duties of the deputy clerk's	6522
office and, when so qualified, may perform the duties appertaining	6523
to the office of the clerk. The clerk may require any of the	6524
deputy clerks to give bond of not less than three thousand	6525
dollars, conditioned for the faithful performance of the deputy	6526
clerk's duties.	6527

(I) For the purposes of this section, whenever the population	6528
of the territory of a municipal court falls below one hundred	6529
thousand but not below ninety thousand, and the population of the	6530
territory prior to the most recent regular federal census	6531
exceeded one hundred thousand, the legislative authority of the	6532
municipal corporation may declare, by resolution, that the	6533
territory shall be considered to have a population of at least	6534
one hundred thousand.	6535

(J) The clerk or a deputy clerk shall be in attendance at all	6536
sessions of the municipal court, although not necessarily in the	6537
courtroom, and may administer oaths to witnesses and jurors and	6538
receive verdicts.	6539

Sec. 1907.13. A county court judge, at the time of filing a	6540
nominating petition for the office or at the time of appointment	6541
to the office and during the judge's term of office, shall be a	6542
qualified elector and a resident of the county court district in	6543
which the judge is elected or appointed. A county court judge does	6544
not have to be a resident of an area of separate jurisdiction in	6545
the county court district to which the judge may be assigned	6546
pursuant to section 1907.15 of the Revised Code. Every county	6547
court judge shall have been admitted to the practice of law in	6548
this state and shall have been engaged, for a total of at least	6549
six years preceding the judge's appointment or the commencement of	6550
the judge's term, in the practice of law in this state, except	6551
that the six-year practice requirement does not apply to a county	6552
court judge who is holding office on the effective date of this	6553
amendment and who subsequently is a candidate for that office.	6554

Judges shall be elected by the electors of the county court	6555
district at the general election in even-numbered years as set	6556
forth in section 1907.11 of the Revised Code for a term of six	6557
years commencing on the first day of January following the	6558
election for the county court or on the dates specified in section	6559
1907.11 of the Revised Code for particular county court judges.	6560
Their successors shall be elected in even-numbered years every six	6561
years.	6562

All candidates for county court judge shall be nominated by	6563
petition. The nominating petition shall be in the general form and	6564
signed and verified as prescribed by section 3513.261 of the	6565
Revised Code and shall be signed by the lesser of fifty qualified	6566
electors of the county court district or a number of qualified	6567
electors of the county court district not less than one per cent	6568
of the number of electors who voted for governor at the most	6569
recent regular state election in the district. A nominating	6570
petition shall not be accepted for filing or filed if it appears	6571
on its face to contain signatures aggregating in number more than	6572
twice the minimum aggregate number of signatures required by this	6573
section. A nominating petition shall be filed with the board of	6574
elections not later than four p.m. of the ~~seventy-fifth~~	6575
eighty-fifth day before the day of the general election.	6576

Sec. 2101.43. Whenever ten per cent of the number of	6577
electors voting for governor at the most recent election in any	6578
county having less than sixty thousand population, as determined	6579
by the most recent federal census, petition a judge of the court	6580
of common pleas of such county, not less than ~~seventy-five~~	6581
eighty-five days before any general election for county officers,	6582
for the submission to the electors of such county the question of	6583
combining the probate court with the court of common pleas, such	6584
judge shall place upon the journal of said court an order	6585
requiring the sheriff to make proclamation that at the next	6586
general election there will be submitted to the electors the	6587
question of combining the probate court with the court of common	6588
pleas. The clerk of the court of common pleas shall, thereupon,	6589
make and deliver a certified copy of such order to the sheriff,	6590
and the sheriff shall include notice of the submission of such	6591
question in ~~his~~the sheriff's proclamation of election for the	6592
next general election.	6593

Each elector joining in a petition for the submission of said	6594
question shall sign such petition in the elector's own	6595
handwriting, unless the elector cannot write and the elector's	6596
signature is made by mark, and shall add thereto the township,	6597
precinct, or ward of which the elector is a resident. Such	6598
petition may consist of as many parts as are convenient. One of	6599
the signers to each separate paper shall swear before some officer	6600
qualified to administer the oath that the petition is bona fide to	6601
the best of the signer's knowledge and belief. Such oath shall be	6602
a part of or attached to such paper. The judge upon receipt of	6603
such petition shall deposit it with the clerk of the court of	6604
common pleas.	6605

No signature shall be taken from or added to such petition	6606
after it has been filed with the judge. When deposited such	6607
petition shall be preserved and open to public inspection, and if	6608
it is in conformity with this section, it shall be valid, unless	6609
objection thereto is made in writing by an elector of the county	6610
within five days after the filing thereof. Such objections, or any	6611
other questions arising in the course of the submission of the	6612
question of combining said courts, shall be considered and	6613
determined by the judge, and ~~his~~the judge's decision shall be	6614
final.	6615

Sec. 2301.02. The number of judges of the court of common	6616
pleas for each county, the time for the next election of the	6617
judges in the several counties, and the beginning of their terms	6618
shall be as follows:	6619

(A) In Adams, Ashland, Fayette, and Pike counties, one judge,	6620
elected in 1956, term to begin February 9, 1957;	6621

In Brown, Crawford, Defiance, Highland, Holmes, Morgan,	6622
Ottawa, and Union counties, one judge, to be elected in 1954, term	6623
to begin February 9, 1955;	6624

In Auglaize county, one judge, to be elected in 1956, term to	6625
begin January 9, 1957;	6626

In Coshocton, Darke, Fulton, Gallia, Guernsey, Hardin,	6627
Jackson, Knox, Madison, Mercer, Monroe, Paulding, Vinton, and	6628
Wyandot counties, one judge, to be elected in 1956, term to begin	6629
January 1, 1957;	6630

In Morrow county, two judges, one to be elected in 1956, term	6631
to begin January 1, 1957, and one to be elected in 2006, term to	6632
begin January 1, 2007;	6633

In Logan county, two judges, one to be elected in 1956, term	6634
to begin January 1, 1957, and one to be elected in 2004, term to	6635
begin January 2, 2005;	6636

In Carroll, Clinton, Hocking, Meigs, Pickaway, Preble,	6637
Shelby, Van Wert, and Williams counties, one judge, to be elected	6638
in 1952, term to begin January 1, 1953;	6639

In Champaign county, two judges, one to be elected in 1952,	6640
term to begin January 1, 1953, and one to be elected in 2008, term	6641
to begin February 10, 2009.	6642

In Harrison and Noble counties, one judge, to be elected in	6643
1954, term to begin April 18, 1955;	6644

In Henry county, two judges, one to be elected in 1956, term	6645
to begin May 9, 1957, and one to be elected in 2004, term to begin	6646
January 1, 2005;	6647

In Putnam county, one judge, to be elected in 1956, term to	6648
begin May 9, 1957;	6649

In Huron county, one judge, to be elected in 1952, term to	6650
begin May 14, 1953;	6651

In Perry county, one judge, to be elected in 1954, term to	6652
begin July 6, 1956;	6653

In Sandusky county, two judges, one to be elected in 1954,	6654
term to begin February 10, 1955, and one to be elected in 1978,	6655
term to begin January 1, 1979;	6656

(B) In Allen county, three judges, one to be elected in 1956,	6657
term to begin February 9, 1957, the second to be elected in 1958,	6658
term to begin January 1, 1959, and the third to be elected in	6659
1992, term to begin January 1, 1993;	6660

In Ashtabula county, three judges, one to be elected in 1954,	6661
term to begin February 9, 1955, one to be elected in 1960, term to	6662
begin January 1, 1961, and one to be elected in 1978, term to	6663
begin January 2, 1979;	6664

In Athens county, two judges, one to be elected in 1954, term	6665
to begin February 9, 1955, and one to be elected in 1990, term to	6666
begin July 1, 1991;	6667

In Erie county, four judges, one to be elected in 1956, term	6668
to begin January 1, 1957, the second to be elected in 1970, term	6669
to begin January 2, 1971, the third to be elected in 2004, term to	6670
begin January 2, 2005, and the fourth to be elected in 2008, term	6671
to begin February 9, 2009;	6672

In Fairfield county, three judges, one to be elected in 1954,	6673
term to begin February 9, 1955, the second to be elected in 1970,	6674
term to begin January 1, 1971, and the third to be elected in	6675
1994, term to begin January 2, 1995;	6676

In Geauga county, two judges, one to be elected in 1956, term	6677
to begin January 1, 1957, and the second to be elected in 1976,	6678
term to begin January 6, 1977;	6679

In Greene county, four judges, one to be elected in 1956,	6680
term to begin February 9, 1957, the second to be elected in 1960,	6681
term to begin January 1, 1961, the third to be elected in 1978,	6682
term to begin January 2, 1979, and the fourth to be elected in	6683
1994, term to begin January 1, 1995;	6684

In Hancock county, two judges, one to be elected in 1952,	6685
term to begin January 1, 1953, and the second to be elected in	6686
1978, term to begin January 1, 1979;	6687

In Lawrence county, two judges, one to be elected in 1954,	6688
term to begin February 9, 1955, and the second to be elected in	6689
1976, term to begin January 1, 1977;	6690

In Marion county, three judges, one to be elected in 1952,	6691
term to begin January 1, 1953, the second to be elected in 1976,	6692
term to begin January 2, 1977, and the third to be elected in	6693
1998, term to begin February 9, 1999;	6694

In Medina county, three judges, one to be elected in 1956,	6695
term to begin January 1, 1957, the second to be elected in 1966,	6696
term to begin January 1, 1967, and the third to be elected in	6697
1994, term to begin January 1, 1995;	6698

In Miami county, two judges, one to be elected in 1954, term	6699
to begin February 9, 1955, and one to be elected in 1970, term to	6700
begin on January 1, 1971;	6701

In Muskingum county, three judges, one to be elected in 1968,	6702
term to begin August 9, 1969, one to be elected in 1978, term to	6703
begin January 1, 1979, and one to be elected in 2002, term to	6704
begin January 2, 2003;	6705

In Portage county, three judges, one to be elected in 1956,	6706
term to begin January 1, 1957, the second to be elected in 1960,	6707
term to begin January 1, 1961, and the third to be elected in	6708
1986, term to begin January 2, 1987;	6709

In Ross county, two judges, one to be elected in 1956, term	6710
to begin February 9, 1957, and the second to be elected in 1976,	6711
term to begin January 1, 1977;	6712

In Scioto county, three judges, one to be elected in 1954,	6713
term to begin February 10, 1955, the second to be elected in 1960,	6714
term to begin January 1, 1961, and the third to be elected in	6715
1994, term to begin January 2, 1995;	6716

In Seneca county, two judges, one to be elected in 1956, term	6717
to begin January 1, 1957, and the second to be elected in 1986,	6718
term to begin January 2, 1987;	6719

In Warren county, four judges, one to be elected in 1954,	6720
term to begin February 9, 1955, the second to be elected in 1970,	6721
term to begin January 1, 1971, the third to be elected in 1986,	6722
term to begin January 1, 1987, and the fourth to be elected in	6723
2004, term to begin January 2, 2005;	6724

In Washington county, two judges, one to be elected in 1952,	6725
term to begin January 1, 1953, and one to be elected in 1986, term	6726
to begin January 1, 1987;	6727

In Wood county, three judges, one to be elected in 1968, term	6728
beginning January 1, 1969, the second to be elected in 1970, term	6729
to begin January 2, 1971, and the third to be elected in 1990,	6730
term to begin January 1, 1991;	6731

In Belmont and Jefferson counties, two judges, to be elected	6732
in 1954, terms to begin January 1, 1955, and February 9, 1955,	6733
respectively;	6734

In Clark county, four judges, one to be elected in 1952, term	6735
to begin January 1, 1953, the second to be elected in 1956, term	6736
to begin January 2, 1957, the third to be elected in 1986, term to	6737
begin January 3, 1987, and the fourth to be elected in 1994, term	6738
to begin January 2, 1995.	6739

In Clermont county, five judges, one to be elected in 1956,	6740
term to begin January 1, 1957, the second to be elected in 1964,	6741
term to begin January 1, 1965, the third to be elected in 1982,	6742
term to begin January 2, 1983, the fourth to be elected in 1986,	6743
term to begin January 2, 1987; and the fifth to be elected in	6744
2006, term to begin January 3, 2007;	6745

In Columbiana county, two judges, one to be elected in 1952,	6746
term to begin January 1, 1953, and the second to be elected in	6747
1956, term to begin January 1, 1957;	6748

In Delaware county, two judges, one to be elected in 1990,	6749
term to begin February 9, 1991, the second to be elected in 1994,	6750
term to begin January 1, 1995;	6751

In Lake county, six judges, one to be elected in 1958, term	6752
to begin January 1, 1959, the second to be elected in 1960, term	6753
to begin January 2, 1961, the third to be elected in 1964, term to	6754
begin January 3, 1965, the fourth and fifth to be elected in 1978,	6755
terms to begin January 4, 1979, and January 5, 1979, respectively,	6756
and the sixth to be elected in 2000, term to begin January 6,	6757
2001;	6758

In Licking county, four judges, one to be elected in 1954,	6759
term to begin February 9, 1955, one to be elected in 1964, term to	6760
begin January 1, 1965, one to be elected in 1990, term to begin	6761
January 1, 1991, and one to be elected in 2004, term to begin	6762
January 1, 2005;	6763

In Lorain county, nine judges, two to be elected in 1952,	6764
terms to begin January 1, 1953, and January 2, 1953, respectively,	6765
one to be elected in 1958, term to begin January 3, 1959, one to	6766
be elected in 1968, term to begin January 1, 1969, two to be	6767
elected in 1988, terms to begin January 4, 1989, and January 5,	6768
1989, respectively, two to be elected in 1998, terms to begin	6769
January 2, 1999, and January 3, 1999, respectively; and one to be	6770
elected in 2006, term to begin January 6, 2007;	6771

In Butler county, eleven judges, one to be elected in 1956,	6772
term to begin January 1, 1957; two to be elected in 1954, terms to	6773
begin January 1, 1955, and February 9, 1955, respectively; one to	6774
be elected in 1968, term to begin January 2, 1969; one to be	6775
elected in 1986, term to begin January 3, 1987; two to be elected	6776
in 1988, terms to begin January 1, 1989, and January 2, 1989,	6777
respectively; one to be elected in 1992, term to begin January 4,	6778
1993; two to be elected in 2002, terms to begin January 2, 2003,	6779
and January 3, 2003, respectively; and one to be elected in 2006,	6780
term to begin January 3, 2007;	6781

In Richland county, four judges, one to be elected in 1956,	6782
term to begin January 1, 1957, the second to be elected in 1960,	6783
term to begin February 9, 1961, the third to be elected in 1968,	6784
term to begin January 2, 1969, and the fourth to be elected in	6785
2004, term to begin January 3, 2005;	6786

In Tuscarawas county, two judges, one to be elected in 1956,	6787
term to begin January 1, 1957, and the second to be elected in	6788
1960, term to begin January 2, 1961;	6789

In Wayne county, two judges, one to be elected in 1956, term	6790
beginning January 1, 1957, and one to be elected in 1968, term to	6791
begin January 2, 1969;	6792

In Trumbull county, six judges, one to be elected in 1952,	6793
term to begin January 1, 1953, the second to be elected in 1954,	6794
term to begin January 1, 1955, the third to be elected in 1956,	6795
term to begin January 1, 1957, the fourth to be elected in 1964,	6796
term to begin January 1, 1965, the fifth to be elected in 1976,	6797
term to begin January 2, 1977, and the sixth to be elected in	6798
1994, term to begin January 3, 1995;	6799

(C) In Cuyahoga county, thirty-nine judges; eight to be	6800
elected in 1954, terms to begin on successive days beginning from	6801
January 1, 1955, to January 7, 1955, and February 9, 1955,	6802
respectively; eight to be elected in 1956, terms to begin on	6803
successive days beginning from January 1, 1957, to January 8,	6804
1957; three to be elected in 1952, terms to begin from January 1,	6805
1953, to January 3, 1953; two to be elected in 1960, terms to	6806
begin on January 8, 1961, and January 9, 1961, respectively; two	6807
to be elected in 1964, terms to begin January 4, 1965, and January	6808
5, 1965, respectively; one to be elected in 1966, term to begin on	6809
January 10, 1967; four to be elected in 1968, terms to begin on	6810
successive days beginning from January 9, 1969, to January 12,	6811
1969; two to be elected in 1974, terms to begin on January 18,	6812
1975, and January 19, 1975, respectively; five to be elected in	6813
1976, terms to begin on successive days beginning January 6, 1977,	6814
to January 10, 1977; two to be elected in 1982, terms to begin	6815
January 11, 1983, and January 12, 1983, respectively; and two to	6816
be elected in 1986, terms to begin January 13, 1987, and January	6817
14, 1987, respectively;	6818

In Franklin county, twenty-two judges; two to be elected in	6819
1954, terms to begin January 1, 1955, and February 9, 1955,	6820
respectively; four to be elected in 1956, terms to begin January	6821
1, 1957, to January 4, 1957; four to be elected in 1958, terms to	6822
begin January 1, 1959, to January 4, 1959; three to be elected in	6823
1968, terms to begin January 5, 1969, to January 7, 1969; three to	6824
be elected in 1976, terms to begin on successive days beginning	6825
January 5, 1977, to January 7, 1977; one to be elected in 1982,	6826
term to begin January 8, 1983; one to be elected in 1986, term to	6827
begin January 9, 1987; two to be elected in 1990, terms to begin	6828
July 1, 1991, and July 2, 1991, respectively; one to be elected in	6829
1996, term to begin January 2, 1997; and one to be elected in	6830
2004, term to begin July 1, 2005;	6831

In Hamilton county, twenty-one judges; eight to be elected in	6832
1966, terms to begin January 1, 1967, January 2, 1967, and from	6833
February 9, 1967, to February 14, 1967, respectively; five to be	6834
elected in 1956, terms to begin from January 1, 1957, to January	6835
5, 1957; one to be elected in 1964, term to begin January 1, 1965;	6836
one to be elected in 1974, term to begin January 15, 1975; one to	6837
be elected in 1980, term to begin January 16, 1981; two to be	6838
elected at large in the general election in 1982, terms to begin	6839
April 1, 1983; one to be elected in 1990, term to begin July 1,	6840
1991; and two to be elected in 1996, terms to begin January 3,	6841
1997, and January 4, 1997, respectively;	6842

In Lucas county, fourteen judges; two to be elected in 1954,	6843
terms to begin January 1, 1955, and February 9, 1955,	6844
respectively; two to be elected in 1956, terms to begin January 1,	6845
1957, and October 29, 1957, respectively; two to be elected in	6846
1952, terms to begin January 1, 1953, and January 2, 1953,	6847
respectively; one to be elected in 1964, term to begin January 3,	6848
1965; one to be elected in 1968, term to begin January 4, 1969;	6849
two to be elected in 1976, terms to begin January 4, 1977, and	6850
January 5, 1977, respectively; one to be elected in 1982, term to	6851
begin January 6, 1983; one to be elected in 1988, term to begin	6852
January 7, 1989; one to be elected in 1990, term to begin January	6853
2, 1991; and one to be elected in 1992, term to begin January 2,	6854
1993;	6855

In Mahoning county, seven judges; three to be elected in	6856
1954, terms to begin January 1, 1955, January 2, 1955, and	6857
February 9, 1955, respectively; one to be elected in 1956, term to	6858
begin January 1, 1957; one to be elected in 1952, term to begin	6859
January 1, 1953; one to be elected in 1968, term to begin January	6860
2, 1969; and one to be elected in 1990, term to begin July 1,	6861
1991;	6862

In Montgomery county, fifteen judges; three to be elected in	6863
1954, terms to begin January 1, 1955, January 2, 1955, and January	6864
3, 1955, respectively; four to be elected in 1952, terms to begin	6865
January 1, 1953, January 2, 1953, July 1, 1953, and July 2, 1953,	6866
respectively; one to be elected in 1964, term to begin January 3,	6867
1965; one to be elected in 1968, term to begin January 3, 1969;	6868
three to be elected in 1976, terms to begin on successive days	6869
beginning January 4, 1977, to January 6, 1977; two to be elected	6870
in 1990, terms to begin July 1, 1991, and July 2, 1991,	6871
respectively; and one to be elected in 1992, term to begin January	6872
1, 1993.	6873

In Stark county, eight judges; one to be elected in 1958,	6874
term to begin on January 2, 1959; two to be elected in 1954, terms	6875
to begin on January 1, 1955, and February 9, 1955, respectively;	6876
two to be elected in 1952, terms to begin January 1, 1953, and	6877
April 16, 1953, respectively; one to be elected in 1966, term to	6878
begin on January 4, 1967; and two to be elected in 1992, terms to	6879
begin January 1, 1993, and January 2, 1993, respectively;	6880

In Summit county, thirteen judges; four to be elected in	6881
1954, terms to begin January 1, 1955, January 2, 1955, January 3,	6882
1955, and February 9, 1955, respectively; three to be elected in	6883
1958, terms to begin January 1, 1959, January 2, 1959, and May 17,	6884
1959, respectively; one to be elected in 1966, term to begin	6885
January 4, 1967; one to be elected in 1968, term to begin January	6886
5, 1969; one to be elected in 1990, term to begin May 1, 1991; one	6887
to be elected in 1992, term to begin January 6, 1993; and two to	6888
be elected in 2008, terms to begin January 5, 2009, and January 6,	6889
2009, respectively.	6890

Notwithstanding the foregoing provisions, in any county	6891
having two or more judges of the court of common pleas, in which	6892
more than one-third of the judges plus one were previously elected	6893
at the same election, if the office of one of those judges so	6894
elected becomes vacant more than ~~forty~~fifty days prior to the	6895
second general election preceding the expiration of that judge's	6896
term, the office that that judge had filled shall be abolished as	6897
of the date of the next general election, and a new office of	6898
judge of the court of common pleas shall be created. The judge who	6899
is to fill that new office shall be elected for a six-year term at	6900
the next general election, and the term of that judge shall	6901
commence on the first day of the year following that general	6902
election, on which day no other judge's term begins, so that the	6903
number of judges that the county shall elect shall not be reduced.	6904

Judges of the probate division of the court of common pleas	6905
are judges of the court of common pleas but shall be elected	6906
pursuant to sections 2101.02 and 2101.021 of the Revised Code,	6907
except in Adams, Harrison, Henry, Morgan, Noble, and Wyandot	6908
counties in which the judge of the court of common pleas elected	6909
pursuant to this section also shall serve as judge of the probate	6910
division, except in Lorain county in which the judges of the	6911
domestic relations division of the Lorain county court of common	6912
pleas elected pursuant to this section also shall perform the	6913
duties and functions of the judge of the probate division from	6914
February 9, 2009, through September 28, 2009, and except in	6915
Morrow county in which the judges of the court of common pleas	6916
elected pursuant to this section also shall perform the duties	6917
and functions of the judge of the probate division.	6918

Sec. 3311.053. (A) The boards of education of up to five	6919
adjoining educational service centers may, by identical	6920
resolutions adopted by a majority of the members of each governing	6921
board within any sixty-day period, combine such educational	6922
service centers into one educational service center. The	6923
resolutions shall state the name of the new center, which may be	6924
styled as a "joint educational service center." The resolutions	6925
shall also indicate whether the governing board of the new	6926
educational service center is to be formed in accordance with	6927
division (B) of this section, in accordance with division (A) of	6928
section 3311.054 of the Revised Code, or in accordance with	6929
section 3311.057 of the Revised Code.	6930

A copy of each resolution shall be filed with the state board	6931
of education. The new educational service center shall be created	6932
and the governing boards of the participating educational service	6933
centers shall be dissolved and a new governing board established	6934
thirty days after the date on which the last resolution was filed	6935
with the state board.	6936

(B) The initial members of a new governing board established	6937
in accordance with this division shall be appointed as follows:	6938

(1) If two educational service centers combine, each center's	6939
governing board, prior to its dissolution, shall appoint two	6940
members to the new governing board and the four members so	6941
selected shall select a fifth member within ten days of the date	6942
on which the last of the four members is appointed.	6943

(2) If three educational service centers combine, each	6944
center's governing board, prior to its dissolution, shall appoint	6945
one member to the new governing board and the three members so	6946
selected shall select the remaining two members of the governing	6947
board within ten days of the date on which the last of the three	6948
members is appointed.	6949

(3) If four educational service centers combine, each	6950
center's governing board, prior to its dissolution, shall appoint	6951
one member to the new governing board and the four members so	6952
selected shall select the remaining member of the governing board	6953
within ten days of the date on which the last of the four members	6954
is appointed.	6955

(4) If five educational service centers combine, each	6956
center's governing board, prior to its dissolution, shall appoint	6957
one member to the new governing board.	6958

If the members appointed to a new governing board by the	6959
governing boards of the combining educational service centers are	6960
unable to agree on the selection of the remaining members of the	6961
new governing board within ten days, the probate judge of the	6962
county in which the greatest number of pupils under the	6963
supervision of the new educational service center reside shall	6964
appoint the remaining members.	6965

Electors of the new educational service center shall elect a	6966
new governing board at the next general election occurring in an	6967
odd-numbered year and more than ~~seventy-five~~eighty-five days	6968
after the date of the appointment of the last member to the	6969
initial governing board. Members shall serve for the duration of	6970
the term to which they are elected or until their successors are	6971
elected and qualified. At such election, two members shall be	6972
elected to terms of two years and three members shall be elected	6973
to terms of four years. Thereafter, their successors shall be	6974
elected in the same manner and for the same terms as members of	6975
governing boards of all educational service centers. Each	6976
candidate for election as a member of the educational service	6977
center governing board shall file a nominating petition in	6978
accordance with section 3513.255 of the Revised Code.	6979

(C) The funds of each former educational service center shall	6980
be paid over in full to the governing board of the new educational	6981
service center, and the legal title to all property of the former	6982
governing boards shall become vested in the new governing board.	6983

The governing board of an educational service center created	6984
under this section shall honor all contracts made by the former	6985
governing boards.	6986

Sec. 3311.059. The procedure prescribed in this section may	6987
be used in lieu of a transfer prescribed under section 3311.231 of	6988
the Revised Code.	6989

(A) Subject to divisions (B) and (C) of this section, a board	6990
of education of a local school district may by a resolution	6991
approved by a majority of all its members propose to sever that	6992
local school district from the territory of the educational	6993
service center in which the local school district is currently	6994
included and to instead annex the local school district to the	6995
territory of another educational service center, the current	6996
territory of which is adjacent to the territory of the educational	6997
service center in which the local school district is currently	6998
included. The resolution shall promptly be filed with the	6999
governing board of each educational service center affected by the	7000
resolution and with the superintendent of public instruction.	7001

(B) The resolution adopted under division (A) of this section	7002
shall not be effective unless it is approved by the state board of	7003
education. In deciding whether to approve the resolution, the	7004
state board shall consider the impact of an annexation on both the	7005
school district and the educational service center to which the	7006
district is proposed to be annexed, including the ability of that	7007
service center to deliver services in a cost-effective and	7008
efficient manner. The severance of the local school district from	7009
one educational service center and its annexation to another	7010
educational service center under this section shall not be	7011
effective until one year after the first day of July following the	7012
later of the date that the state board of education approves the	7013
resolution or the date the board of elections certifies the	7014
results of the referendum election as provided in division (C) of	7015
this section.	7016

(C) Within sixty days following the date of the adoption of	7017
the resolution under division (A) of this section, the electors of	7018
the local school district may petition for a referendum vote on	7019
the resolution. The question whether to approve or disapprove the	7020
resolution shall be submitted to the electors of such school	7021
district if a number of qualified electors equal to twenty per	7022
cent of the number of electors in the school district who voted	7023
for the office of governor at the most recent general election for	7024
that office sign a petition asking that the question of whether	7025
the resolution shall be disapproved be submitted to the electors.	7026
The petition shall be filed with the board of elections of the	7027
county in which the school district is located. If the school	7028
district is located in more than one county, the petition shall be	7029
filed with the board of elections of the county in which the	7030
majority of the territory of the school district is located. The	7031
board shall certify the validity and sufficiency of the signatures	7032
on the petition.	7033

The board of elections shall immediately notify the board of	7034
education of the local school district and the governing board of	7035
each educational service center affected by the resolution that	7036
the petition has been filed.	7037

The effect of the resolution shall be stayed until the board	7038
of elections certifies the validity and sufficiency of the	7039
signatures on the petition. If the board of elections determines	7040
that the petition does not contain a sufficient number of valid	7041
signatures and sixty days have passed since the adoption of the	7042
resolution, the resolution shall become effective as provided in	7043
division (B) of this section.	7044

If the board of elections certifies that the petition	7045
contains a sufficient number of valid signatures, the board shall	7046
submit the question to the qualified electors of the school	7047
district on the day of the next general or primary election held	7048
at least ~~seventy-five~~eighty-five days after the board of	7049
elections certifies the validity and sufficiency of signatures on	7050
the petition. The election shall be conducted and canvassed and	7051
the results shall be certified in the same manner as in regular	7052
elections for the election of members of a board of education.	7053

If a majority of the electors voting on the question	7054
disapprove the resolution, the resolution shall not become	7055
effective. If a majority of the electors voting on the question	7056
approve the resolution, the resolution shall become effective as	7057
provided in division (B) of this section.	7058

(D) Upon the effective date of the severance of the local	7059
school district from one educational service center and its	7060
annexation to another educational service center as provided in	7061
division (B) of this section, the governing board of each	7062
educational service center shall take such steps for the election	7063
of members of the governing board and for organization of the	7064
governing board as prescribed in Chapter 3313. of the Revised	7065
Code.	7066

(E) If a school district is severed from one educational	7067
service center and annexed to another service center under this	7068
section, the board of education of that school district shall not	7069
propose a subsequent severance and annexation action under this	7070
section that would be effective sooner than five years after the	7071
effective date of the next previous severance and annexation	7072
action under this section.	7073

Sec. 3311.21. (A) In addition to the resolutions authorized	7074
by sections 5705.194, 5705.199, 5705.21, 5705.212, and 5705.213 of	7075
the Revised Code, the board of education of a joint vocational or	7076
cooperative education school district by a vote of two-thirds of	7077
its full membership may at any time adopt a resolution declaring	7078
the necessity to levy a tax in excess of the ten-mill limitation	7079
for a period not to exceed ten years to provide funds for any one	7080
or more of the following purposes, which may be stated in the	7081
following manner in such resolution, the ballot, and the notice of	7082
election: purchasing a site or enlargement thereof and for the	7083
erection and equipment of buildings; for the purpose of enlarging,	7084
improving, or rebuilding thereof; for the purpose of providing for	7085
the current expenses of the joint vocational or cooperative school	7086
district; or for a continuing period for the purpose of providing	7087
for the current expenses of the joint vocational or cooperative	7088
education school district. The resolution shall specify the amount	7089
of the proposed rate and, if a renewal, whether the levy is to	7090
renew all, or a portion of, the existing levy, and shall specify	7091
the first year in which the levy will be imposed. If the levy	7092
provides for but is not limited to current expenses, the	7093
resolution shall apportion the annual rate of the levy between	7094
current expenses and the other purpose or purposes. Such	7095
apportionment may but need not be the same for each year of the	7096
levy, but the respective portions of the rate actually levied each	7097
year for current expenses and the other purpose or purposes shall	7098
be limited by such apportionment. The portion of any such rate	7099
actually levied for current expenses of a joint vocational or	7100
cooperative education school district shall be used in applying	7101
division (A)(1) of section 3306.01 and division (A) of section	7102
3317.01 of the Revised Code. The portion of any such rate not	7103
apportioned to the current expenses of a joint vocational or	7104
cooperative education school district shall be used in applying	7105
division (B) of this section. On the adoption of such resolution,	7106
the joint vocational or cooperative education school district	7107
board of education shall certify the resolution to the board of	7108
elections of the county containing the most populous portion of	7109
the district, which board shall receive resolutions for filing	7110
and send them to the boards of elections of each county in which	7111
territory of the district is located, furnish all ballots for the	7112
election as provided in section 3505.071 of the Revised Code, and	7113
prepare the election notice; and the board of elections of each	7114
county in which the territory of such district is located shall	7115
make the other necessary arrangements for the submission of the	7116
question to the electors of the joint vocational or cooperative	7117
education school district at the next primary or general election	7118
occurring not less than ~~seventy-five~~eighty-five days after the	7119
resolution was received from the joint vocational or cooperative	7120
education school district board of education, or at a special	7121
election to be held at a time designated by the district board of	7122
education consistent with the requirements of section 3501.01 of	7123
the Revised Code, which date shall not be earlier than	7124
~~seventy-five~~eighty-five days after the adoption and	7125
certification of the resolution.	7126

The board of elections of the county or counties in which	7127
territory of the joint vocational or cooperative education school	7128
district is located shall cause to be published in one or more	7129
newspapers of general circulation in that district an	7130
advertisement of the proposed tax levy question together with a	7131
statement of the amount of the proposed levy once a week for two	7132
consecutive weeks, prior to the election at which the question is	7133
to appear on the ballot, and, if the board of elections operates	7134
and maintains a web site, the board also shall post a similar	7135
advertisement on its web site for thirty days prior to that	7136
election.	7137

If a majority of the electors voting on the question of	7138
levying such tax vote in favor of the levy, the joint vocational	7139
or cooperative education school district board of education shall	7140
annually make the levy within the district at the rate specified	7141
in the resolution and ballot or at any lesser rate, and the county	7142
auditor of each affected county shall annually place the levy on	7143
the tax list and duplicate of each school district in the county	7144
having territory in the joint vocational or cooperative education	7145
school district. The taxes realized from the levy shall be	7146
collected at the same time and in the same manner as other taxes	7147
on the duplicate, and the taxes, when collected, shall be paid to	7148
the treasurer of the joint vocational or cooperative education	7149
school district and deposited to a special fund, which shall be	7150
established by the joint vocational or cooperative education	7151
school district board of education for all revenue derived from	7152
any tax levied pursuant to this section and for the proceeds of	7153
anticipation notes which shall be deposited in such fund. After	7154
the approval of the levy, the joint vocational or cooperative	7155
education school district board of education may anticipate a	7156
fraction of the proceeds of the levy and from time to time, during	7157
the life of the levy, but in any year prior to the time when the	7158
tax collection from the levy so anticipated can be made for that	7159
year, issue anticipation notes in an amount not exceeding fifty	7160
per cent of the estimated proceeds of the levy to be collected in	7161
each year up to a period of five years after the date of the	7162
issuance of the notes, less an amount equal to the proceeds of the	7163
levy obligated for each year by the issuance of anticipation	7164
notes, provided that the total amount maturing in any one year	7165
shall not exceed fifty per cent of the anticipated proceeds of the	7166
levy for that year. Each issue of notes shall be sold as provided	7167
in Chapter 133. of the Revised Code, and shall, except for such	7168
limitation that the total amount of such notes maturing in any one	7169
year shall not exceed fifty per cent of the anticipated proceeds	7170
of the levy for that year, mature serially in substantially equal	7171
installments, during each year over a period not to exceed five	7172
years after their issuance.	7173

(B) Prior to the application of section 319.301 of the	7174
Revised Code, the rate of a levy that is limited to, or to the	7175
extent that it is apportioned to, purposes other than current	7176
expenses shall be reduced in the same proportion in which the	7177
district's total valuation increases during the life of the levy	7178
because of additions to such valuation that have resulted from	7179
improvements added to the tax list and duplicate.	7180

(C) The form of ballot cast at an election under division (A)	7181
of this section shall be as prescribed by section 5705.25 of the	7182
Revised Code.	7183

Sec. 3311.213. (A) With the approval of the board of	7184
education of a joint vocational school district which is in	7185
existence, any school district in the county or counties	7186
comprising the joint vocational school district or any school	7187
district in a county adjacent to a county comprising part of a	7188
joint vocational school district may become a part of the joint	7189
vocational school district. On the adoption of a resolution of	7190
approval by the board of education of the joint vocational school	7191
district, it shall advertise a copy of such resolution in a	7192
newspaper of general circulation in the school district proposing	7193
to become a part of such joint vocational school district once	7194
each week for at least two weeks immediately following the date of	7195
the adoption of such resolution. Such resolution shall not become	7196
effective until the later of the sixty-first day after its	7197
adoption or until the board of elections certifies the results of	7198
an election in favor of joining of the school district to the	7199
joint vocational school district if such an election is held under	7200
division (B) of this section.	7201

(B) During the sixty-day period following the date of the	7202
adoption of a resolution to join a school district to a joint	7203
vocational school district under division (A) of this section, the	7204
electors of the school district that proposes joining the joint	7205
vocational school district may petition for a referendum vote on	7206
the resolution. The question whether to approve or disapprove the	7207
resolution shall be submitted to the electors of such school	7208
district if a number of qualified electors equal to twenty per	7209
cent of the number of electors in the school district who voted	7210
for the office of governor at the most recent general election for	7211
that office sign a petition asking that the question of whether	7212
the resolution shall be disapproved be submitted to the electors.	7213
The petition shall be filed with the board of elections of the	7214
county in which the school district is located. If the school	7215
district is located in more than one county, the petition shall be	7216
filed with the board of elections of the county in which the	7217
majority of the territory of the school district is located. The	7218
board shall certify the validity and sufficiency of the signatures	7219
on the petition.	7220

The board of elections shall immediately notify the board of	7221
education of the joint vocational school district and the board of	7222
education of the school district that proposes joining the joint	7223
vocational school district that the petition has been filed.	7224

The effect of the resolution shall be stayed until the board	7225
of elections certifies the validity and sufficiency of the	7226
signatures on the petition. If the board of elections determines	7227
that the petition does not contain a sufficient number of valid	7228
signatures and sixty days have passed since the adoption of the	7229
resolution, the resolution shall become effective.	7230

If the board of elections certifies that the petition	7231
contains a sufficient number of valid signatures, the board shall	7232
submit the question to the qualified electors of the school	7233
district on the day of the next general or primary election held	7234
at least ~~seventy-five~~eighty-five days after but no later than six	7235
months after the board of elections certifies the validity and	7236
sufficiency of signatures on the petition. If there is no general	7237
or primary election held at least ~~seventy-five~~eighty-five days	7238
after but no later than six months after the board of elections	7239
certifies the validity and sufficiency of signatures on the	7240
petition, the board shall submit the question to the electors at a	7241
special election to be held on the next day specified for special	7242
elections in division (D) of section 3501.01 of the Revised Code	7243
that occurs at least ~~seventy-five~~eighty-five days after the board	7244
certifies the validity and sufficiency of signatures on the	7245
petition. The election shall be conducted and canvassed and the	7246
results shall be certified in the same manner as in regular	7247
elections for the election of members of a board of education.	7248

If a majority of the electors voting on the question	7249
disapprove the resolution, the resolution shall not become	7250
effective.	7251

(C) If the resolution becomes effective, the board of	7252
education of the joint vocational school district shall notify the	7253
county auditor of the county in which the school district becoming	7254
a part of the joint vocational school district is located, who	7255
shall thereupon have any outstanding levy for building purposes,	7256
bond retirement, or current expenses in force in the joint	7257
vocational school district spread over the territory of the school	7258
district becoming a part of the joint vocational school district.	7259
On the addition of a city or exempted village school district or	7260
an educational service center to the joint vocational school	7261
district, pursuant to this section, the board of education of such	7262
joint vocational school district shall submit to the state board	7263
of education a proposal to enlarge the membership of such board by	7264
the addition of one or more persons at least one of whom shall be	7265
a member of the board of education or governing board of such	7266
additional school district or educational service center, and the	7267
term of each such additional member. On the addition of a local	7268
school district to the joint vocational school district, pursuant	7269
to this section, the board of education of such joint vocational	7270
school district may submit to the state board of education a	7271
proposal to enlarge the membership of such board by the addition	7272
of one or more persons who are members of the educational service	7273
center governing board of such additional local school district.	7274
On approval by the state board of education additional members	7275
shall be added to such joint vocational school district board of	7276
education.	7277

Sec. 3311.22. A governing board of an educational service	7278
center may propose, by resolution adopted by majority vote of its	7279
full membership, or qualified electors of the area affected equal	7280
in number to at least fifty-five per cent of the qualified	7281
electors voting at the last general election residing within that	7282
portion of a school district, or districts proposed to be	7283
transferred may propose, by petition, the transfer of a part or	7284
all of one or more local school districts to another local school	7285
district or districts within the territory of the educational	7286
service center. Such transfers may be made only to local school	7287
districts adjoining the school district that is proposed to be	7288
transferred, unless the board of education of the district	7289
proposed to be transferred has entered into an agreement pursuant	7290
to section 3313.42 of the Revised Code, in which case such	7291
transfers may be made to any local school district within the	7292
territory of the educational service center.	7293

When a governing board of an educational service center	7294
adopts a resolution proposing a transfer of school territory it	7295
shall forthwith file a copy of such resolution, together with an	7296
accurate map of the territory described in the resolution, with	7297
the board of education of each school district whose boundaries	7298
would be altered by such proposal. A governing board of an	7299
educational service center proposing a transfer of territory under	7300
the provisions of this section shall at its next regular meeting	7301
that occurs not earlier than thirty days after the adoption by the	7302
governing board of a resolution proposing such transfer, adopt a	7303
resolution making the transfer effective at any time prior to the	7304
next succeeding first day of July, unless, prior to the expiration	7305
of such thirty-day period, qualified electors residing in the area	7306
proposed to be transferred, equal in number to a majority of the	7307
qualified electors voting at the last general election, file a	7308
petition of referendum against such transfer.	7309

Any petition of transfer or petition of referendum filed	7310
under the provisions of this section shall be filed at the office	7311
of the educational service center superintendent. The person	7312
presenting the petition shall be given a receipt containing	7313
thereon the time of day, the date, and the purpose of the	7314
petition.	7315

The educational service center superintendent shall cause the	7316
board of elections to check the sufficiency of signatures on any	7317
petition of transfer or petition of referendum filed under this	7318
section and, if found to be sufficient, hethe superintendent	7319
shall present the petition to the educational service center	7320
governing board at a meeting of the board which shall occur not	7321
later than thirty days following the filing of the petition.	7322

Upon presentation to the educational service center governing	7323
board of a proposal to transfer territory as requested by petition	7324
of fifty-five per cent of the qualified electors voting at the	7325
last general election or a petition of referendum against a	7326
proposal of the county board to transfer territory, the governing	7327
board shall promptly certify the proposal to the board of	7328
elections for the purpose of having the proposal placed on the	7329
ballot at the next general or primary election which occurs not	7330
less than ~~seventy-five~~eighty-five days after the date of such	7331
certification, or at a special election, the date of which shall	7332
be specified in the certification, which date shall not be less	7333
than ~~seventy-five~~eighty-five days after the date of such	7334
certification. Signatures on a petition of transfer or petition of	7335
referendum may be withdrawn up to and including the above	7336
mentioned meeting of the educational service center governing	7337
board only by order of the board upon testimony of the petitioner	7338
concerned under oath before the board that ~~his~~the petitioner's	7339
signature was obtained by fraud, duress, or misrepresentation.	7340

If a petition is filed with the educational service center	7341
governing board which proposes the transfer of a part or all of	7342
the territory included in a resolution of transfer previously	7343
adopted by the educational service center governing board, no	7344
action shall be taken on such petition if within the thirty-day	7345
period after the adoption of the resolution of transfer a	7346
referendum petition is filed. After the election, if the proposed	7347
transfer fails to receive a majority vote, action on such petition	7348
shall then be processed under this section as though originally	7349
filed under the provisions hereof. If no referendum petition is	7350
filed within the thirty-day period after the adoption of the	7351
resolution of transfer, no action shall be taken on such petition.	7352

If a petition is filed with the educational service center	7353
governing board which proposes the transfer of a part or all of	7354
the territory included in a petition previously filed by electors	7355
no action shall be taken on such new petition.	7356

Upon certification of a proposal to the board or boards of	7357
elections pursuant to this section, the board or boards of	7358
elections shall make the necessary arrangements for the submission	7359
of such question to the electors of the county or counties	7360
qualified to vote thereon, and the election shall be conducted and	7361
canvassed and the results shall be certified in the same manner as	7362
in regular elections for the election of members of a board of	7363
education.	7364

The persons qualified to vote upon a proposal are the	7365
electors residing in the district or districts containing	7366
territory that is proposed to be transferred. If the proposed	7367
transfer be approved by at least a majority of the electors voting	7368
on the proposal, the educational service center governing board	7369
shall make such transfer at any time prior to the next succeeding	7370
first day of July. If the proposed transfer is not approved by at	7371
least a majority of the electors voting on the proposal, the	7372
question of transferring any property included in the territory	7373
covered by the proposal shall not be submitted to electors at any	7374
election prior to the first general election the date of which is	7375
at least two years after the date of the original election, or the	7376
first primary election held in an even-numbered year the date of	7377
which is at least two years after the date of the original	7378
election. A transfer shall be subject to the approval of the	7379
receiving board or boards of education, unless the proposal was	7380
initiated by the educational service center governing board, in	7381
which case, if the transfer is opposed by the board of education	7382
offered the territory, the local board may, within thirty days,	7383
following the receipt of the notice of transfer, appeal to the	7384
state board of education which shall then either approve or	7385
disapprove the transfer.	7386

Following an election upon a proposed transfer initiated by a	7387
petition the board of education that is offered territory shall,	7388
within thirty days following receipt of the proposal, either	7389
accept or reject the transfer.	7390

When an entire school district is proposed to be transferred	7391
to two or more school districts and the offer is rejected by any	7392
one of the receiving boards of education, none of the territory	7393
included in the proposal shall be transferred.	7394

Upon the acceptance of territory by the receiving board or	7395
boards of education the educational service center governing board	7396
offering the territory shall file with the county auditor and with	7397
the state board of education an accurate map showing the	7398
boundaries of the territory transferred.	7399

Upon the making of such transfer, the net indebtedness of the	7400
former district from which territory was transferred shall be	7401
apportioned between the acquiring school district and that portion	7402
of the former school district remaining after the transfer in the	7403
ratio which the assessed valuation of the territory transferred to	7404
the acquiring school district bears to the assessed valuation of	7405
the original school district as of the effective date of the	7406
transfer. As used in this section "net indebtedness" means the	7407
difference between the par value of the outstanding and unpaid	7408
bonds and notes of the school district and the amount held in the	7409
sinking fund and other indebtedness retirement funds for their	7410
redemption.	7411

If an entire district is transferred, any indebtedness of the	7412
former district incurred as a result of a loan made under section	7413
3317.64 of the Revised Code is hereby canceled and such	7414
indebtedness shall not be apportioned among any districts	7415
acquiring the territory.	7416

Upon the making of any transfer under this section, the funds	7417
of the district from which territory was transferred shall be	7418
divided equitably by the educational service center governing	7419
board between the acquiring district and any part of the original	7420
district remaining after the transfer.	7421

If an entire district is transferred the board of education	7422
of such district is thereby abolished or if a member of the board	7423
of education lives in that part of a school district transferred	7424
the member becomes a nonresident of the school district from which	7425
the territory was transferred and hesuch member ceases to be a	7426
member of the board of education of such district.	7427

The legal title of all property of the board of education in	7428
the territory transferred shall become vested in the board of	7429
education of the school district to which such territory is	7430
transferred.	7431

Subsequent to June 30, 1959, if an entire district is	7432
transferred, foundation program moneys accruing to a district	7433
accepting school territory under the provisions of this section or	7434
former section 3311.22 of the Revised Code, shall not be less, in	7435
any year during the next succeeding three years following the	7436
transfer, than the sum of the amounts received by the districts	7437
separately in the year in which the transfer was consummated.	7438

Sec. 3311.231. A governing board of an educational service	7439
center may propose, by resolution adopted by majority vote of its	7440
full membership, or qualified electors of the area affected equal	7441
in number to not less than fifty-five per cent of the qualified	7442
electors voting at the last general election residing within that	7443
portion of a school district proposed to be transferred may	7444
propose, by petition, the transfer of a part or all of one or more	7445
local school districts within the territory of the center to an	7446
adjoining educational service center or to an adjoining city or	7447
exempted village school district.	7448

A governing board of an educational service center adopting a	7449
resolution proposing a transfer of school territory under this	7450
section shall file a copy of such resolution together with an	7451
accurate map of the territory described in the resolution, with	7452
the board of education of each school district whose boundaries	7453
would be altered by such proposal. Where a transfer of territory	7454
is proposed by a governing board of an educational service center	7455
under this section, the governing board shall, at its next regular	7456
meeting that occurs not earlier than the thirtieth day after the	7457
adoption by the governing board of the resolution proposing such	7458
transfer, adopt a resolution making the transfer as originally	7459
proposed, effective at any time prior to the next succeeding first	7460
day of July, unless, prior to the expiration of such thirty-day	7461
period, qualified electors residing in the area proposed to be	7462
transferred, equal in number to a majority of the qualified	7463
electors voting at the last general election, file a petition of	7464
referendum against such transfer.	7465

Any petition of transfer or petition of referendum under the	7466
provisions of this section shall be filed at the office of the	7467
educational service center superintendent. The person presenting	7468
the petition shall be given a receipt containing thereon the time	7469
of day, the date, and the purpose of the petition.	7470

The educational service center superintendent shall cause the	7471
board of elections to check the sufficiency of signatures on any	7472
such petition, and, if found to be sufficient, hethe	7473
superintendent shall present the petition to the educational	7474
service center governing board at a meeting of said governing	7475
board which shall occur not later than thirty days following the	7476
filing of said petition.	7477

The educational service center governing board shall promptly	7478
certify the proposal to the board of elections of such counties in	7479
which school districts whose boundaries would be altered by such	7480
proposal are located for the purpose of having the proposal placed	7481
on the ballot at the next general or primary election which occurs	7482
not less than ~~seventy-five~~eighty-five days after the date of such	7483
certification or at a special election, the date of which shall be	7484
specified in the certification, which date shall not be less than	7485
~~seventy-five~~eighty-five days after the date of such	7486
certification.	7487

Signatures on a petition of transfer or petition of	7488
referendum may be withdrawn up to and including the above	7489
mentioned meeting of the educational service center governing	7490
board only by order of the governing board upon testimony of the	7491
petitioner concerned under oath before the board that ~~his~~the	7492
petitioner's signature was obtained by fraud, duress, or	7493
misrepresentation.	7494

If a petition is filed with the educational service center	7495
governing board which proposes the transfer of a part or all of	7496
the territory included either in a petition previously filed by	7497
electors or in a resolution of transfer previously adopted by the	7498
educational service center governing board, no action shall be	7499
taken on such new petition as long as the previously initiated	7500
proposal is pending before the governing board or is subject to an	7501
election.	7502

Upon certification of a proposal to the board or boards of	7503
elections pursuant to this section, the board or boards of	7504
elections shall make the necessary arrangements for the submission	7505
of such question to the electors of the county or counties	7506
qualified to vote thereon, and the election shall be conducted and	7507
canvassed and the results shall be certified in the same manner as	7508
in regular elections for the election of members of a board of	7509
education.	7510

The persons qualified to vote upon a proposal are the	7511
electors residing in the district or districts containing	7512
territory that is proposed to be transferred. If the proposed	7513
transfer is approved by at least a majority of the electors voting	7514
on the proposal, the educational service center governing board	7515
shall make such transfer at any time prior to the next succeeding	7516
first day of July, subject to the approval of the receiving board	7517
of education in case of a transfer to a city or exempted village	7518
school district, and subject to the approval of the educational	7519
service center governing board of the receiving center, in case of	7520
a transfer to an educational service center. If the proposed	7521
transfer is not approved by at least a majority of the electors	7522
voting on the proposal, the question of transferring any property	7523
included in the territory covered by the proposal shall not be	7524
submitted to electors at any election prior to the first general	7525
election the date of which is at least two years after the date of	7526
the original election, or the first primary election held in an	7527
even-numbered year the date of which is at least two years after	7528
the date of the original election.	7529

Where a territory is transferred under this section to a city	7530
or exempted village school district, the board of education of	7531
such district shall, and where territory is transferred to an	7532
educational service center the governing board of such educational	7533
service center shall, within thirty days following receipt of the	7534
proposal, either accept or reject the transfer.	7535

Where a governing board of an educational service center	7536
adopts a resolution accepting territory transferred to the	7537
educational service center under the provisions of sections	7538
3311.231 and 3311.24 of the Revised Code, the governing board	7539
shall, at the time of the adoption of the resolution accepting the	7540
territory, designate the school district to which the accepted	7541
territory shall be annexed.	7542

When an entire school district is proposed to be transferred	7543
to two or more adjoining school districts and the offer is	7544
rejected by any one of the receiving boards of education, none of	7545
the territory included in the proposal shall be transferred.	7546

Upon the acceptance of territory by the receiving board or	7547
boards of education the educational service center governing board	7548
offering the territory shall file with the county auditor of each	7549
county affected by the transfer and with the state board of	7550
education an accurate map showing the boundaries of the territory	7551
transferred.	7552

Upon the making of such transfer, the net indebtedness of the	7553
former district from which territory was transferred shall be	7554
apportioned between the acquiring school district and the portion	7555
of the former school district remaining after the transfer in the	7556
ratio which the assessed valuation of the territory transferred to	7557
the acquiring school district bears to the assessed valuation of	7558
the original school district as of the effective date of the	7559
transfer. As used in this section "net indebtedness" means the	7560
difference between the par value of the outstanding and unpaid	7561
bonds and notes of the school district and the amount held in the	7562
sinking fund and other indebtedness retirement funds for their	7563
redemption.	7564

If an entire district is transferred, any indebtedness of the	7565
former district incurred as a result of a loan made under section	7566
3317.64 of the Revised Code is hereby canceled and such	7567
indebtedness shall not be apportioned among any districts	7568
acquiring the territory.	7569

Upon the making of any transfer under this section, the funds	7570
of the district from which territory was transferred shall be	7571
divided equitably by the educational service center governing	7572
board, between the acquiring district and any part of the original	7573
district remaining after the transfer.	7574

If an entire district is transferred the board of education	7575
of such district is thereby abolished or if a member of the board	7576
of education lives in that part of a school district transferred	7577
the member becomes a nonresident of the school district from which	7578
the territory was transferred and hesuch member ceases to be a	7579
member of the board of education of such district.	7580

The legal title of all property of the board of education in	7581
the territory transferred shall become vested in the board of	7582
education of the school district to which such territory is	7583
transferred.	7584

If an entire district is transferred, foundation program	7585
moneys accruing to a district receiving school territory under the	7586
provisions of this section shall not be less, in any year during	7587
the next succeeding three years following the transfer, than the	7588
sum of the amounts received by the districts separately in the	7589
year in which the transfer was consummated.	7590

Sec. 3311.25. (A) Notwithstanding any other provision of	7591
this chapter, two or more city, local, or exempted village school	7592
districts whose territory is primarily located within the same	7593
county may be merged as provided in this section, if the county	7594
has a population of less than one hundred thousand, as determined	7595
by the most recent federal decennial census.	7596

(B) A petition may be filed with the board of elections	7597
proposing that two or more school districts whose territory is	7598
primarily located within a county meeting the qualifications of	7599
division (A) of this section form a commission to study the	7600
proposed merger of the school districts. The petition may be	7601
presented in separate petition papers. Each petition paper shall	7602
contain, in concise language, the purpose of the petition and the	7603
names of five electors of each school district proposed to be	7604
merged to serve as commissioners on the merger study commission.	7605
The petition shall be governed by the rules of section 3501.38 of	7606
the Revised Code.	7607

A petition filed under this section shall contain signatures	7608
of electors of each school district proposed to be merged,	7609
numbering not less than ten per cent of the number of electors	7610
residing in that district who voted for the office of governor at	7611
the most recent general election for that office. The petition	7612
shall be filed with the board of elections of the county described	7613
by division (A) of this section. The board of elections of the	7614
county in which the petition is required to be filed shall	7615
ascertain the validity of all signatures on the petition and may	7616
require the assistance of boards of elections of other counties if	7617
any of the school districts proposed to be merged are located	7618
partially in a county other than the one in which the petition is	7619
required to be filed.	7620

(C)(1) If the board of elections of the county in which the	7621
petition is required to be filed determines that the petition is	7622
sufficient, the board shall submit the following question for the	7623
approval or rejection of the electors of each school district	7624
proposed to be merged at the next general election occurring at	7625
least ~~seventy-five~~eighty-five days after the date the petition is	7626
filed: "Shall a commission be established to study the proposed	7627
merger of any or all of the school districts in this county and,	7628
if a merger is considered desirable, to draw up a statement of	7629
conditions for that proposed merger?" The ballot shall include,	7630
for each of the school districts proposed to be merged, the names	7631
of the five electors identified in the petition, who shall	7632
constitute the commissioners on behalf of that district.	7633

(2) If any of the school districts for which merger is	7634
proposed are located partially in a county other than the one in	7635
which the petition is required to be filed, the board of elections	7636
of the county in which the petition is required to be filed shall,	7637
if the petition is found to be sufficient, certify the sufficiency	7638
of that petition and the statement of the issue to be voted on to	7639
the boards of elections of those other counties. The boards of	7640
those other counties shall submit the question of merging and the	7641
names of candidates to be elected to the commission for the	7642
approval or rejection of electors in the portions of the school	7643
districts proposed to be merged that are located within their	7644
respective counties. Upon the holding of the election, those	7645
boards shall certify the results to the board of elections of the	7646
county in which the petition is required to be filed.	7647

(D) A petition shall not be deemed insufficient for all	7648
school districts proposed to be merged if it contains the	7649
signatures of less than ten per cent of the electors who voted for	7650
the office of governor at the most recent general election for	7651
that office in a particular school district. If the petition	7652
contains a sufficient number of signatures and is otherwise	7653
determined by the board of elections to be sufficient for at least	7654
two school districts proposed to be merged, the board shall submit	7655
the question of the proposed merger for the approval or rejection	7656
of voters under division (C) of this section in each of the	7657
districts for which the petition was determined to be sufficient.	7658
The board shall not submit the question of the proposed merger for	7659
the approval or rejection of voters under division (C) of this	7660
section for any school district for which a petition contains an	7661
insufficient number of signatures or for which the board otherwise	7662
determines the petition to be insufficient.	7663

(E)(1) If the question of forming a merger study commission	7664
as provided in division (C) of this section is approved by a	7665
majority of those voting on it in at least two school districts,	7666
the commission shall be established and the five candidates from	7667
each school district in which the question was approved shall be	7668
elected to the commission to study the proposed merger and to	7669
formulate any conditions of any proposed merger if a merger is	7670
considered desirable after study by the commission. Any school	7671
district that disapproved of the question of forming a merger	7672
study commission by a majority of those voting on it shall not be	7673
included in, and its proposed candidates shall not be elected to,	7674
the commission.	7675

(2) The first meeting of the commission shall be held in the	7676
regular meeting place of the board of county commissioners of the	7677
county in which the petition is required to be filed, at nine a.m.	7678
on the tenth day after the certification of the election by the	7679
last of the respective boards of elections to make such	7680
certification, unless that day is a Saturday, Sunday, or a	7681
holiday, in which case the first meeting shall be held on the next	7682
day thereafter that is not a Saturday, Sunday, or holiday. The	7683
president of the school board of the school district with the	7684
largest population of the districts that approved the question of	7685
forming a merger study commission under division (C) of this	7686
section shall serve as temporary chairperson until permanent	7687
officers are elected. The commission shall immediately elect its	7688
own permanent officers and shall proceed to meet as often as	7689
necessary to study the proposed merger, determine whether a	7690
proposed merger is desirable, and formulate any conditions for any	7691
proposed merger. All meetings of the commission shall be subject	7692
to the requirements of section 121.22 of the Revised Code.	7693

(3) The conditions for a proposed merger may provide for the	7694
election of school board members for the new school district and	7695
any other conditions that a majority of the members of the	7696
commission from each school district find necessary. The	7697
conditions for the proposed merger also may provide that the	7698
merger, if approved, shall not become effective until the date on	7699
which any required changes in state law necessary for the school	7700
district merger to occur become effective.	7701

(4) As soon as the commission determines that a merger is not	7702
desirable or finalizes the conditions for a proposed merger, the	7703
commission shall report this fact, and the name of each school	7704
district proposed for merger in which the majority of the	7705
district's commissioners have agreed to the conditions for merger,	7706
to the board of elections of each of the counties in which the	7707
school districts proposed for merger are located.	7708

The question shall be submitted to the voters in each school	7709
district in which the majority of the district's commissioners	7710
have agreed to the conditions for merger at the next general	7711
election occurring after the commission is elected. The question	7712
shall not be submitted to the voters in any school district in	7713
which a majority of that district's commissioners have not agreed	7714
to the conditions for merger. The board of elections shall not	7715
submit the conditions for merger to the voters in any district if	7716
the conditions for merger include the merging of any district in	7717
which the majority of that district's commissioners have not	7718
agreed to the conditions for merger.	7719

The boards of elections shall submit the conditions of	7720
proposed merger for the approval or rejection of the electors in	7721
the portions of the school districts proposed to be merged within	7722
their respective counties. Upon the holding of that election, the	7723
boards of elections shall certify the results to the board of	7724
elections of the county in which the petition is required to be	7725
filed.	7726

Regardless of whether the commission succeeds in reaching	7727
agreement, the commission shall cease to exist on the	7728
~~seventy-fifth~~eighty-fifth day prior to the next general election	7729
after the commission is elected.	7730

(F) If the conditions of merger agreed upon by the merger	7731
commission are disapproved by a majority of those voting on them	7732
in any school district proposed to be merged, the merger shall not	7733
occur, unless the conditions of merger provide for a merger to	7734
occur without the inclusion of that district and the conditions of	7735
merger are otherwise met. No district in which the conditions of	7736
merger are disapproved by a majority of those voting on them shall	7737
be included in any merger resulting from that election. If the	7738
conditions of merger are approved by a majority of those voting on	7739
them in each school district proposed to be merged, or if the	7740
conditions of merger provide for a merger to occur without the	7741
inclusion of one or more districts in which the conditions of	7742
merger are disapproved by a majority of those voting on them, the	7743
merger shall be effective on the date specified in the conditions	7744
of the merger, unless the conditions of merger specify changes	7745
required to be made in state law for the merger to occur, in which	7746
case the merger shall be effective on the date on which those	7747
changes to state law become effective.	7748

Sec. 3311.26. The state board of education may, by	7749
resolution adopted by majority vote of its full membership,	7750
propose the creation of a new local school district from one or	7751
more local school districts or parts thereof, including the	7752
creation of a local district with noncontiguous territory from one	7753
or more local school districts if one of those districts has	7754
entered into an agreement under section 3313.42 of the Revised	7755
Code. Such proposal shall include an accurate map showing the	7756
territory affected. After the adoption of the resolution, the	7757
state board shall file a copy of such proposal with the board of	7758
education of each school district whose boundaries would be	7759
altered by such proposal.	7760

Upon the creation of a new district under this section, the	7761
state board shall at its next regular meeting that occurs not	7762
earlier than thirty days after the adoption by the state board of	7763
the resolution proposing such creation, adopt a resolution making	7764
the creation effective prior to the next succeeding first day of	7765
July, unless, prior to the expiration of such thirty-day period,	7766
qualified electors residing in the area included in such proposed	7767
new district, equal in number to thirty-five per cent of the	7768
qualified electors voting at the last general election, file a	7769
petition of referendum against the creation of the proposed new	7770
district.	7771

A petition of referendum filed under this section shall be	7772
filed at the office of the state superintendent of public	7773
instruction. The person presenting the petition shall be given a	7774
receipt containing thereon the time of day, the date, and the	7775
purpose of the petition.	7776

If a petition of referendum is filed, the state board shall,	7777
at the next regular meeting of the state board, certify the	7778
proposal to the board of elections for the purpose of having the	7779
proposal placed on the ballot at the next general or primary	7780
election which occurs not less than ~~seventy-five~~eighty-five days	7781
after the date of such certification, or at a special election,	7782
the date of which shall be specified in the certification, which	7783
date shall not be less than ~~seventy-five~~eighty-five days after	7784
the date of such certification.	7785

Upon certification of a proposal to the board or boards of	7786
elections pursuant to this section, the board or boards of	7787
elections shall make the necessary arrangements for the submission	7788
of such question to the electors of the county or counties	7789
qualified to vote thereon, and the election shall be conducted and	7790
canvassed and the results shall be certified in the same manner as	7791
in regular elections for the election of members of a board of	7792
education.	7793

The persons qualified to vote upon a proposal are the	7794
electors residing in the proposed new districts.	7795

If the proposed district be approved by at least a majority	7796
of the electors voting on the proposal, the state board shall then	7797
create such new district prior to the next succeeding first day of	7798
July.	7799

Upon the creation of such district, the indebtedness of each	7800
former district becoming in its entirety a part of the new	7801
district shall be assumed in full by the new district. Upon the	7802
creation of such district, that part of the net indebtedness of	7803
each former district becoming only in part a part of the new	7804
district shall be assumed by the new district which bears the same	7805
ratio to the entire net indebtedness of the former district as the	7806
assessed valuation of the part taken by the new district bears to	7807
the entire assessed valuation of the former district as fixed on	7808
the effective date of transfer. As used in this section, "net	7809
indebtedness" means the difference between the par value of the	7810
outstanding and unpaid bonds and notes of the school district and	7811
the amount held in the sinking fund and other indebtedness	7812
retirement funds for their redemption. Upon the creation of such	7813
district, the funds of each former district becoming in its	7814
entirety a part of the new district shall be paid over in full to	7815
the new district. Upon the creation of such district, the funds of	7816
each former district becoming only in part a part of the new	7817
district shall be divided equitably by the state board between the	7818
new district and that part of the former district not included in	7819
the new district as such funds existed on the effective date of	7820
the creation of the new district.	7821

The state board shall, following the election, file with the	7822
county auditor of each county affected by the creation of a new	7823
district an accurate map showing the boundaries of such newly	7824
created district.	7825

When a new local school district is so created, a board of	7826
education for such newly created district shall be appointed by	7827
the state board. The members of such appointed board of education	7828
shall hold their office until their successors are elected and	7829
qualified. A board of education shall be elected for such newly	7830
created district at the next general election held in an odd	7831
numbered year occurring more than ~~thirty~~eighty-five days after	7832
the appointment of the board of education of such newly created	7833
district. At such election two members shall be elected for a term	7834
of two years and three members shall be elected for a term of four	7835
years, and, thereafter, their successors shall be elected in the	7836
same manner and for the same terms as members of the board of	7837
education of a local school district.	7838

When the new district consists of territory lying in two or	7839
more counties, the state board shall determine to which	7840
educational service center the new district shall be assigned.	7841

The legal title of all property of the board of education in	7842
the territory taken shall become vested in the board of education	7843
of the newly created school district.	7844

Foundation program moneys accruing to a district created	7845
under the provisions of this section or previous section 3311.26	7846
of the Revised Code, shall not be less, in any year during the	7847
next succeeding three years following the creation, than the sum	7848
of the amounts received by the districts separately in the year in	7849
which the creation of the district became effective.	7850

If, prior to ~~the effective date of this amendment~~September	7851
26, 2003, a local school district board of education or a group of	7852
individuals requests the governing board of an educational service	7853
center to consider proposing the creation of a new local school	7854
district, the governing board, at any time during the one-year	7855
period following the date that request is made, may adopt a	7856
resolution proposing the creation of a new local school district	7857
in response to that request and in accordance with the first	7858
paragraph of the version of this section in effect prior to ~~the~~	7859
~~effective date of this amendment~~September 26, 2003. If the	7860
governing board so proposes within that one-year period, the	7861
governing board may proceed to create the new local school	7862
district as it proposed, in accordance with the version of this	7863
section in effect prior to ~~the effective date of this amendment~~	7864
September 26, 2003, subject to the provisions of that version	7865
authorizing a petition and referendum on the matter.	7866

Consolidations of school districts which include all of the	7867
schools of a county and which become effective on or after July 1,	7868
1959, shall be governed and included under this section.	7869

Sec. 3311.37. The state board of education may conduct	7870
studies where there is evidence of need for consolidation of	7871
contiguous local, exempted village, or city school districts or	7872
parts of such districts. The possibility of making improvements in	7873
school district organization as well as the desires of the	7874
residents of the affected districts shall be given consideration	7875
in such studies and in any recommendations growing out of such	7876
studies.	7877

After the adoption of recommendations growing out of any such	7878
study, the state board may proceed as follows:	7879

Propose by resolution the creation of a new school district	7880
which may consist of all or a part of the territory of two or more	7881
contiguous local, exempted village, or city school districts, or	7882
any combination of such districts.	7883

The state board shall thereupon file a copy of such proposal	7884
with the board of education of each school district whose	7885
boundaries would be altered by the proposal and with the governing	7886
board of any educational service center in which such school	7887
district is located.	7888

The state board may, not less than thirty days following the	7889
adoption of the resolution proposing the creation of a new school	7890
district certify the proposal to the board of elections of the	7891
county or counties in which any of the territory of the proposed	7892
district is located, for the purpose of having the proposal placed	7893
on the ballot at the next general or primary election occurring	7894
not less than ~~seventy-five~~eighty-five days after the	7895
certification of such resolution.	7896

If any proposal has been previously initiated pursuant to	7897
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	7898
affects any of the territory affected by the proposal of the state	7899
board, the proposal of the state board shall not be placed on the	7900
ballot while the previously initiated proposal is subject to an	7901
election.	7902

Upon certification of a proposal to the board of elections of	7903
any county pursuant to this section, the board of elections of	7904
such county shall make the necessary arrangements for the	7905
submission of such question to the electors of the county	7906
qualified to vote thereon, and the election shall be counted and	7907
canvassed and the results shall be certified in the same manner as	7908
in regular elections for the election of members of a board of	7909
education.	7910

The electors qualified to vote upon a proposal are the	7911
electors residing in the local, exempted village, or city school	7912
districts, or parts thereof included in the proposed new school	7913
district. If a majority of those voting on the proposal vote in	7914
favor thereof, the state board shall create the proposed school	7915
district prior to the next succeeding July 1.	7916

Upon the creation of such district, the indebtedness of each	7917
former district becoming in its entirety a part of the new	7918
district shall be assumed in full by the new district. Upon the	7919
creation of such district, the net indebtedness of each original	7920
district of which only a part is taken by the new district shall	7921
be apportioned between the new district and the original district	7922
in the ratio which the assessed valuation of the part taken by the	7923
new district bears to the assessed valuation of the original	7924
district as of the effective date of the creation of the new	7925
district. As used in this section "net indebtedness" means the	7926
difference between the par value of the outstanding and unpaid	7927
bonds and notes of the school district and the amount held in the	7928
sinking fund and other indebtedness retirement funds for their	7929
redemption.	7930

Upon the creation of such district, the funds of each former	7931
district becoming in its entirety a part of the new district shall	7932
be paid over in full to the new district. Upon the creation of	7933
such district the funds of each former district of which only a	7934
part is taken by the new district shall be apportioned equitably	7935
by the state board between the new district and that part of the	7936
original district not included in the new district as such funds	7937
existed on the effective date of the creation of the new district.	7938

When the new district consists of territory lying in two or	7939
more counties, the state board shall determine to which	7940
educational service center the new district shall be assigned.	7941

When a new local school district is so created, the state	7942
board shall appoint five electors residing in the district to be	7943
the members of the board of education of such district, and such	7944
members shall hold office until their successors are elected and	7945
qualified. A board of education of such district shall be elected	7946
by the electors of the district at the next general election held	7947
in an odd numbered year which occurs not less than ~~ninety~~one	7948
hundred days after the appointment of the initial members of the	7949
board. At such election two members shall be elected for a term of	7950
two years and three members shall be elected for a term of four	7951
years, and thereafter their successors shall be elected in the	7952
same manner and for the same terms as members of the board of	7953
education of a local school district.	7954

When a new city school district is created, the state board	7955
shall determine the number of members which will comprise the	7956
board of education of the school district, which number shall not	7957
conflict with the number set forth in section 3313.02 of the	7958
Revised Code. The state board shall then appoint a like number of	7959
persons to be members of the board of education of such district,	7960
and said members shall hold office until their successors are	7961
elected and qualified. A board of education of such district shall	7962
be elected by the electors of the district at the next general	7963
election held in an odd numbered year which occurs not less than	7964
~~ninety~~one hundred days after the appointment of the initial	7965
members of the board. At such election if the number of members of	7966
the board is even, one-half of the number shall be elected for two	7967
years and one-half for four years. If the number of members of the	7968
board is odd, one-half the number less one-half shall be elected	7969
for two years and the remaining number shall be elected for four	7970
years, and thereafter their successors shall be elected in the	7971
manner provided in section 3313.08 of the Revised Code.	7972

Foundation program moneys accruing to a district created	7973
under this section shall not be less, in any year during the next	7974
succeeding three years following the creation, than the sum of the	7975
amounts received by the districts separately in the year in which	7976
the creation of the district became effective.	7977

Sec. 3311.38. The state board of education may conduct, or	7978
may direct the superintendent of public instruction to conduct,	7979
studies where there is evidence of need for transfer of local,	7980
exempted village, or city school districts, or parts of any such	7981
districts, to contiguous or noncontiguous local, exempted village,	7982
or city school districts. Such studies shall include a study of	7983
the effect of any proposal upon any portion of a school district	7984
remaining after such proposed transfer. The state board, in	7985
conducting such studies and in making recommendations as a result	7986
thereof, shall consider the possibility of improving school	7987
district organization as well as the desires of the residents of	7988
the school districts which would be affected.	7989

(A) After the adoption of recommendations growing out of any	7990
such study, or upon receipt of a resolution adopted by majority	7991
vote of the full membership of the board of any city, local, or	7992
exempted village school district requesting that the entire	7993
district be transferred to another city, local, or exempted	7994
village school district, the state board may propose by resolution	7995
the transfer of territory, which may consist of part or all of the	7996
territory of a local, exempted village, or city school district to	7997
a contiguous local, exempted village, or city school district.	7998

The state board shall thereupon file a copy of such proposal	7999
with the board of education of each school district whose	8000
boundaries would be altered by the proposal and with the governing	8001
board of any educational service center in which such school	8002
district is located.	8003

The state board may, not less than thirty days following the	8004
adoption of the resolution proposing the transfer of territory,	8005
certify the proposal to the board of elections of the county or	8006
counties in which any of the territory of the proposed district is	8007
located, for the purpose of having the proposal placed on the	8008
ballot at the next general election or at a primary election	8009
occurring not less than ~~seventy-five~~eighty-five days after the	8010
adoption of such resolution.	8011

If any proposal has been previously initiated pursuant to	8012
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	8013
affects any of the territory affected by the proposal of the state	8014
board, the proposal of the state board shall not be placed on the	8015
ballot while the previously initiated proposal is subject to an	8016
election.	8017

Upon certification of a proposal to the board of elections of	8018
any county pursuant to this section, the board of elections of	8019
such county shall make the necessary arrangements for the	8020
submission of such question to the electors of the county	8021
qualified to vote thereon, and the election shall be counted and	8022
canvassed and the results shall be certified in the same manner as	8023
in regular elections for the election of members of a board of	8024
education.	8025

The electors qualified to vote upon a proposal are the	8026
electors residing in the local, exempted village, or city school	8027
districts, containing territory proposed to be transferred.	8028

If the proposed transfer be approved by a majority of the	8029
electors voting on the proposal, the state board, subject to the	8030
approval of the board of education of the district to which the	8031
territory would be transferred, shall make such transfer prior to	8032
the next succeeding July 1.	8033

(B) If a study conducted in accordance with this section	8034
involves a school district with less than four thousand dollars of	8035
assessed value for each pupil in the total student count	8036
determined under section 3317.03 of the Revised Code, the state	8037
board of education, with the approval of the educational service	8038
center governing board, and upon recommendation by the state	8039
superintendent of public instruction, may by resolution transfer	8040
all or any part of such a school district to any city, exempted	8041
village, or local school district which has more than twenty-five	8042
thousand pupils in average daily membership. Such resolution of	8043
transfer shall be adopted only after the board of education of the	8044
receiving school district has adopted a resolution approving the	8045
proposed transfer. For the purposes of this division, the assessed	8046
value shall be as certified in accordance with section 3317.021 of	8047
the Revised Code.	8048

(C) Upon the making of a transfer of an entire school	8049
district pursuant to this section, the indebtedness of the	8050
district transferred shall be assumed in full by the acquiring	8051
district and the funds of the district transferred shall be paid	8052
over in full to the acquiring district, except that any	8053
indebtedness of the transferred district incurred as a result of a	8054
loan made under section 3317.64 of the Revised Code is hereby	8055
canceled and shall not be assumed by the acquiring district.	8056

(D) Upon the making of a transfer pursuant to this section,	8057
when only part of a district is transferred, the net indebtedness	8058
of each original district of which only a part is taken by the	8059
acquiring district shall be apportioned between the acquiring	8060
district and the original district in the ratio which the assessed	8061
valuation of the part taken by the acquiring district bears to the	8062
assessed valuation of the original district as of the effective	8063
date of the transfer. As used in this section "net indebtedness"	8064
means the difference between the par value of the outstanding and	8065
unpaid bonds and notes of the school district and the amount held	8066
in the sinking fund and other indebtedness retirement funds for	8067
their redemption.	8068

(E) Upon the making of a transfer pursuant to this section,	8069
when only part of a district is transferred, the funds of the	8070
district from which territory was transferred shall be divided	8071
equitably by the state board between the acquiring district and	8072
that part of the former district remaining after the transfer.	8073

(F) If an entire school district is transferred, the board of	8074
education of such district is thereby abolished. If part of a	8075
school district is transferred, any member of the board of	8076
education who is a legal resident of that part which is	8077
transferred shall thereby cease to be a member of that board.	8078

If an entire school district is transferred, foundation	8079
program moneys accruing to a district accepting school territory	8080
under the provisions of this section shall not be less, in any	8081
year during the next succeeding three years following the	8082
transfer, than the sum of the amounts received by the districts	8083
separately in the year in which the transfer became effective.	8084

Sec. 3311.50. (A) As used in this section, "county school	8085
financing district" means a taxing district consisting of the	8086
following territory:	8087

(1) The territory that constitutes the educational service	8088
center on the date that the governing board of that educational	8089
service center adopts a resolution under division (B) of this	8090
section declaring that the territory of the educational service	8091
center is a county school financing district, exclusive of any	8092
territory subsequently withdrawn from the district under division	8093
(D) of this section;	8094

(2) Any territory that has been added to the county school	8095
financing district under this section.	8096

A county school financing district may include the territory	8097
of a city, local, or exempted village school district whose	8098
territory also is included in the territory of one or more other	8099
county school financing districts.	8100

(B) The governing board of any educational service center	8101
may, by resolution, declare that the territory of the educational	8102
service center is a county school financing district. The	8103
resolution shall state the purpose for which the county school	8104
financing district is created which may be for any one or more of	8105
the following purposes:	8106

(1) To levy taxes for the provision of special education by	8107
the school districts that are a part of the district, including	8108
taxes for permanent improvements for special education;	8109

(2) To levy taxes for the provision of specified educational	8110
programs and services by the school districts that are a part of	8111
the district, as identified in the resolution creating the	8112
district, including the levying of taxes for permanent	8113
improvements for those programs and services;	8114

(3) To levy taxes for permanent improvements of school	8115
districts that are a part of the district.	8116

The governing board of the educational service center that	8117
creates a county school financing district shall serve as the	8118
taxing authority of the district and may use educational service	8119
center governing board employees to perform any of the functions	8120
necessary in the performance of its duties as a taxing authority.	8121
A county school financing district shall not employ any personnel.	8122

With the approval of a majority of the members of the board	8123
of education of each school district within the territory of the	8124
county school financing district, the taxing authority of the	8125
financing district may amend the resolution creating the district	8126
to broaden or narrow the purposes for which it was created.	8127

A governing board of an educational service center may create	8128
more than one county school financing district. If a governing	8129
board of an educational service center creates more than one such	8130
district, it shall clearly distinguish among the districts it	8131
creates by including a designation of each district's purpose in	8132
the district's name.	8133

(C) A majority of the members of a board of education of a	8134
city, local, or exempted village school district may adopt a	8135
resolution requesting that its territory be joined with the	8136
territory of any county school financing district. Copies of the	8137
resolution shall be filed with the state board of education and	8138
the taxing authority of the county school financing district.	8139
Within sixty days of its receipt of such a resolution, the county	8140
school financing district's taxing authority shall vote on the	8141
question of whether to accept the school district's territory as	8142
part of the county school financing district. If a majority of the	8143
members of the taxing authority vote to accept the territory, the	8144
school district's territory shall thereupon become a part of the	8145
county school financing district unless the county school	8146
financing district has in effect a tax imposed under section	8147
5705.211 of the Revised Code. If the county school financing	8148
district has such a tax in effect, the taxing authority shall	8149
certify a copy of its resolution accepting the school district's	8150
territory to the school district's board of education, which may	8151
then adopt a resolution, with the affirmative vote of a majority	8152
of its members, proposing the submission to the electors of the	8153
question of whether the district's territory shall become a part	8154
of the county school financing district and subject to the taxes	8155
imposed by the financing district. The resolution shall set forth	8156
the date on which the question shall be submitted to the electors,	8157
which shall be at a special election held on a date specified in	8158
the resolution, which shall not be earlier than ~~seventy-five~~	8159
eighty-five days after the adoption and certification of the	8160
resolution. A copy of the resolution shall immediately be	8161
certified to the board of elections of the proper county, which	8162
shall make arrangements for the submission of the proposal to the	8163
electors of the school district. The board of the joining district	8164
shall publish notice of the election in one or more newspapers of	8165
general circulation in the county once a week for two consecutive	8166
weeks prior to the election. Additionally, if the board of	8167
elections operates and maintains a web site, the board of	8168
elections shall post notice of the election on its web site for	8169
thirty days prior to the election. The question appearing on the	8170
ballot shall read:	8171

"Shall the territory within .......... (name of the school	8172
district proposing to join the county school financing district)	8173
.......... be added to .......... (name) .......... county school	8174
financing district, and a property tax for the purposes of	8175
......... (here insert purposes) .......... at a rate of taxation	8176
not exceeding .......... (here insert the outstanding tax rate)	8177
........... be in effect for .......... (here insert the number of	8178
years the tax is to be in effect or "a continuing period of time,"	8179
as applicable) ..........?"	8180

If the proposal is approved by a majority of the electors	8181
voting on it, the joinder shall take effect on the first day of	8182
July following the date of the election, and the county board of	8183
elections shall notify the county auditor of each county in which	8184
the school district joining its territory to the county school	8185
financing district is located.	8186

(D) The board of any city, local, or exempted village school	8187
district whose territory is part of a county school financing	8188
district may withdraw its territory from the county school	8189
financing district thirty days after submitting to the governing	8190
board that is the taxing authority of the district and the state	8191
board a resolution proclaiming such withdrawal, adopted by a	8192
majority vote of its members, but any county school financing	8193
district tax levied in such territory on the effective date of the	8194
withdrawal shall remain in effect in such territory until such tax	8195
expires or is renewed. No board may adopt a resolution withdrawing	8196
from a county school financing district that would take effect	8197
during the forty-five days preceding the date of an election at	8198
which a levy proposed under section 5705.215 of the Revised Code	8199
is to be voted upon.	8200

(E) A city, local, or exempted village school district does	8201
not lose its separate identity or legal existence by reason of	8202
joining its territory to a county school financing district under	8203
this section and an educational service center does not lose its	8204
separate identity or legal existence by reason of creating a	8205
county school financing district that accepts or loses territory	8206
under this section.	8207

Sec. 3311.73. (A) No later than ~~seventy-five~~eighty-five	8208
days before the general election held in the first even-numbered	8209
year occurring at least four years after the date it assumed	8210
control of the municipal school district pursuant to division (B)	8211
of section 3311.71 of the Revised Code, the board of education	8212
appointed under that division shall notify the board of elections	8213
of each county containing territory of the municipal school	8214
district of the referendum election required by division (B) of	8215
this section.	8216

(B) At the general election held in the first even-numbered	8217
year occurring at least four years after the date the new board	8218
assumed control of a municipal school district pursuant to	8219
division (B) of section 3311.71 of the Revised Code, the following	8220
question shall be submitted to the electors residing in the school	8221
district:	8222

"Shall the mayor of ..... (here insert the name of the	8223
applicable municipal corporation) continue to appoint the members	8224
of the board of education of the ..... (here insert the name of	8225
the municipal school district)?"	8226

The board of elections of the county in which the majority of	8227
the school district's territory is located shall make all	8228
necessary arrangements for the submission of the question to the	8229
electors, and the election shall be conducted, canvassed, and	8230
certified in the same manner as regular elections in the district	8231
for the election of county officers, provided that in any such	8232
election in which only part of the electors of a precinct are	8233
qualified to vote, the board of elections may assign voters in	8234
such part to an adjoining precinct. Such an assignment may be made	8235
to an adjoining precinct in another county with the consent and	8236
approval of the board of elections of such other county. Notice of	8237
the election shall be published in a newspaper of general	8238
circulation in the school district once a week for two consecutive	8239
weeks prior to the election, and, if the board of elections	8240
operates and maintains a web site, the board of elections shall	8241
post notice of the election on its web site for thirty days prior	8242
to the election. The notice shall state the question on which the	8243
election is being held. The ballot shall be in the form prescribed	8244
by the secretary of state. Costs of submitting the question to the	8245
electors shall be charged to the municipal school district in	8246
accordance with section 3501.17 of the Revised Code.	8247

(C) If a majority of electors voting on the issue proposed in	8248
division (B) of this section approve the question, the mayor shall	8249
appoint a new board on the immediately following first day of July	8250
pursuant to division (F) of section 3311.71 of the Revised Code.	8251

(D) If a majority of electors voting on the issue proposed in	8252
division (B) of this section disapprove the question, a new	8253
seven-member board of education shall be elected at the next	8254
regular election occurring in November of an odd-numbered year. At	8255
such election, four members shall be elected for terms of four	8256
years and three members shall be elected for terms of two years.	8257
Thereafter, their successors shall be elected in the same manner	8258
and for the same terms as members of boards of education of a city	8259
school district. All members of the board of education of a	8260
municipal school district appointed pursuant to division (B) of	8261
section 3311.71 of the Revised Code shall continue to serve after	8262
the end of the terms to which they were appointed until their	8263
successors are qualified and assume office in accordance with	8264
section 3313.09 of the Revised Code.	8265

Sec. 3316.08. During a school district's fiscal emergency	8266
period, the auditor of state shall determine annually, or at any	8267
other time upon request of the financial planning and supervision	8268
commission, whether the school district will incur an operating	8269
deficit. If the auditor of state determines that a school district	8270
will incur an operating deficit, the auditor of state shall	8271
certify that determination to the superintendent of public	8272
instruction, the financial planning and supervision commission,	8273
and the board of education of the school district. Upon receiving	8274
the auditor of state's certification, the commission shall adopt a	8275
resolution requesting that the board of education work with the	8276
county auditor or tax commissioner to estimate the amount and rate	8277
of a tax levy that is needed under section 5705.194, 5709.199, or	8278
5705.21 or Chapter 5748. of the Revised Code to produce a positive	8279
fund balance not later than the fifth year of the five-year	8280
forecast submitted under section 5705.391 of the Revised Code.	8281

The board of education shall recommend to the commission	8282
whether the board supports or opposes a tax levy under section	8283
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	8284
Code and shall provide supporting documentation to the commission	8285
of its recommendation.	8286

After considering the board of education's recommendation and	8287
supporting documentation, the commission shall adopt a resolution	8288
to either submit a ballot question proposing a tax levy or not to	8289
submit such a question.	8290

Except as otherwise provided in this division, the tax shall	8291
be levied in the manner prescribed for a tax levied under section	8292
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	8293
Revised Code. If the commission decides that a tax should be	8294
levied, the tax shall be levied for the purpose of paying current	8295
operating expenses of the school district. The rate of a tax	8296
levied under section 5705.194, 5709.199, or 5705.21 of the Revised	8297
Code shall be determined by the county auditor, and the rate of a	8298
tax levied under section 5748.02 or 5748.08 of the Revised Code	8299
shall be determined by the tax commissioner, upon the request of	8300
the commission. The commission, in consultation with the board of	8301
education, shall determine the election at which the question of	8302
the tax shall appear on the ballot, and the commission shall	8303
submit a copy of its resolution to the board of elections not	8304
later than ~~seventy-five~~eighty-five days prior to the day of that	8305
election. The board of elections conducting the election shall	8306
certify the results of the election to the board of education and	8307
to the financial planning and supervision commission.	8308

Sec. 3318.06. (A) After receipt of the conditional approval	8309
of the Ohio school facilities commission, the school district	8310
board by a majority of all of its members shall, if it desires to	8311
proceed with the project, declare all of the following by	8312
resolution:	8313

(1) That by issuing bonds in an amount equal to the school	8314
district's portion of the basic project cost the district is	8315
unable to provide adequate classroom facilities without assistance	8316
from the state;	8317

(2) Unless the school district board has resolved to transfer	8318
money in accordance with section 3318.051 of the Revised Code or	8319
to apply the proceeds of a property tax or the proceeds of an	8320
income tax, or a combination of proceeds from such taxes, as	8321
authorized under section 3318.052 of the Revised Code, that to	8322
qualify for such state assistance it is necessary to do either of	8323
the following:	8324

(a) Levy a tax outside the ten-mill limitation the proceeds	8325
of which shall be used to pay the cost of maintaining the	8326
classroom facilities included in the project;	8327

(b) Earmark for maintenance of classroom facilities from the	8328
proceeds of an existing permanent improvement tax levied under	8329
section 5705.21 of the Revised Code, if such tax can be used for	8330
maintenance, an amount equivalent to the amount of the additional	8331
tax otherwise required under this section and sections 3318.05 and	8332
3318.08 of the Revised Code.	8333

(3) That the question of any tax levy specified in a	8334
resolution described in division (A)(2)(a) of this section, if	8335
required, shall be submitted to the electors of the school	8336
district at the next general or primary election, if there be a	8337
general or primary election not less than ~~seventy-five~~eighty-five	8338
and not more than ~~ninety-five~~one hundred five days after the day	8339
of the adoption of such resolution or, if not, at a special	8340
election to be held at a time specified in the resolution which	8341
shall be not less than ~~seventy-five~~eighty-five days after the day	8342
of the adoption of the resolution and which shall be in accordance	8343
with the requirements of section 3501.01 of the Revised Code.	8344

Such resolution shall also state that the question of issuing	8345
bonds of the board shall be combined in a single proposal with the	8346
question of such tax levy. More than one election under this	8347
section may be held in any one calendar year. Such resolution	8348
shall specify both of the following:	8349

(a) That the rate which it is necessary to levy shall be at	8350
the rate of not less than one-half mill for each one dollar of	8351
valuation, and that such tax shall be levied for a period of	8352
twenty-three years;	8353

(b) That the proceeds of the tax shall be used to pay the	8354
cost of maintaining the classroom facilities included in the	8355
project.	8356

(B) A copy of a resolution adopted under division (A) of this	8357
section shall after its passage and not less than ~~seventy-five~~	8358
eighty-five days prior to the date set therein for the election be	8359
certified to the county board of elections.	8360

The resolution of the school district board, in addition to	8361
meeting other applicable requirements of section 133.18 of the	8362
Revised Code, shall state that the amount of bonds to be issued	8363
will be an amount equal to the school district's portion of the	8364
basic project cost, and state the maximum maturity of the bonds	8365
which may be any number of years not exceeding the term calculated	8366
under section 133.20 of the Revised Code as determined by the	8367
board. In estimating the amount of bonds to be issued, the board	8368
shall take into consideration the amount of moneys then in the	8369
bond retirement fund and the amount of moneys to be collected for	8370
and disbursed from the bond retirement fund during the remainder	8371
of the year in which the resolution of necessity is adopted.	8372

If the bonds are to be issued in more than one series, the	8373
resolution may state, in addition to the information required to	8374
be stated under division (B)(3) of section 133.18 of the Revised	8375
Code, the number of series, which shall not exceed five, the	8376
principal amount of each series, and the approximate date each	8377
series will be issued, and may provide that no series, or any	8378
portion thereof, may be issued before such date. Upon such a	8379
resolution being certified to the county auditor as required by	8380
division (C) of section 133.18 of the Revised Code, the county	8381
auditor, in calculating, advising, and confirming the estimated	8382
average annual property tax levy under that division, shall also	8383
calculate, advise, and confirm by certification the estimated	8384
average property tax levy for each series of bonds to be issued.	8385

Notice of the election shall include the fact that the tax	8386
levy shall be at the rate of not less than one-half mill for each	8387
one dollar of valuation for a period of twenty-three years, and	8388
that the proceeds of the tax shall be used to pay the cost of	8389
maintaining the classroom facilities included in the project.	8390

If the bonds are to be issued in more than one series, the	8391
board of education, when filing copies of the resolution with the	8392
board of elections as required by division (D) of section 133.18	8393
of the Revised Code, may direct the board of elections to include	8394
in the notice of election the principal amount and approximate	8395
date of each series, the maximum number of years over which the	8396
principal of each series may be paid, the estimated additional	8397
average property tax levy for each series, and the first calendar	8398
year in which the tax is expected to be due for each series, in	8399
addition to the information required to be stated in the notice	8400
under divisions (E)(3)(a) to (e) of section 133.18 of the Revised	8401
Code.	8402

(C)(1) Except as otherwise provided in division (C)(2) of	8403
this section, the form of the ballot to be used at such election	8404
shall be:	8405

"A majority affirmative vote is necessary for passage.

8406

Shall bonds be issued by the ............ (here insert name	8407
of school district) school district to pay the local share of	8408
school construction under the State of Ohio Classroom Facilities	8409
Assistance Program in the principal amount of ............ (here	8410
insert principal amount of the bond issue), to be repaid annually	8411
over a maximum period of ............ (here insert the maximum	8412
number of years over which the principal of the bonds may be paid)	8413
years, and an annual levy of property taxes be made outside the	8414
ten-mill limitation, estimated by the county auditor to average	8415
over the repayment period of the bond issue ............ (here	8416
insert the number of mills estimated) mills for each one dollar of	8417
tax valuation, which amounts to ............ (rate expressed in	8418
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	8419
for each one hundred dollars of tax valuation to pay the annual	8420
debt charges on the bonds and to pay debt charges on any notes	8421
issued in anticipation of the bonds?"	8422

and, unless the additional levy	8423

of taxes is not required pursuant	8424

to division (C) of section	8425

3318.05 of the Revised Code,	8426

"Shall an additional levy of taxes be made for a period of	8427
twenty-three years to benefit the ............ (here insert name	8428
of school district) school district, the proceeds of which shall	8429
be used to pay the cost of maintaining the classroom facilities	8430
included in the project at the rate of .......... (here insert the	8431
number of mills, which shall not be less than one-half mill) mills	8432
for each one dollar of valuation?	8433

8434

		FOR THE BOND ISSUE AND TAX LEVY			8435
		AGAINST THE BOND ISSUE AND TAX LEVY	"		8436

8437

(2) If authority is sought to issue bonds in more than one	8438
series and the board of education so elects, the form of the	8439
ballot shall be as prescribed in section 3318.062 of the Revised	8440
Code. If the board of education elects the form of the ballot	8441
prescribed in that section, it shall so state in the resolution	8442
adopted under this section.	8443

(D) If it is necessary for the school district to acquire a	8444
site for the classroom facilities to be acquired pursuant to	8445
sections 3318.01 to 3318.20 of the Revised Code, the district	8446
board may propose either to issue bonds of the board or to levy a	8447
tax to pay for the acquisition of such site, and may combine the	8448
question of doing so with the questions specified in division (B)	8449
of this section. Bonds issued under this division for the purpose	8450
of acquiring a site are a general obligation of the school	8451
district and are Chapter 133. securities.	8452

The form of that portion of the ballot to include the	8453
question of either issuing bonds or levying a tax for site	8454
acquisition purposes shall be one of the following:	8455

(1) "Shall bonds be issued by the ............ (here insert	8456
name of the school district) school district to pay costs of	8457
acquiring a site for classroom facilities under the State of Ohio	8458
Classroom Facilities Assistance Program in the principal amount of	8459
.......... (here insert principal amount of the bond issue), to be	8460
repaid annually over a maximum period of .......... (here insert	8461
maximum number of years over which the principal of the bonds may	8462
be paid) years, and an annual levy of property taxes be made	8463
outside the ten-mill limitation, estimated by the county auditor	8464
to average over the repayment period of the bond issue ..........	8465
(here insert number of mills) mills for each one dollar of tax	8466
valuation, which amount to .......... (here insert rate expressed	8467
in cents or dollars and cents, such as "thirty-six cents" or	8468
"$0.36") for each one hundred dollars of valuation to pay the	8469
annual debt charges on the bonds and to pay debt charges on any	8470
notes issued in anticipation of the bonds?"	8471

(2) "Shall an additional levy of taxes outside the ten-mill	8472
limitation be made for the benefit of the .......... (here insert	8473
name of the school district) school district for the purpose of	8474
acquiring a site for classroom facilities in the sum of .........	8475
(here insert annual amount the levy is to produce) estimated by	8476
the county auditor to average ........ (here insert number of	8477
mills) mills for each one hundred dollars of valuation, for a	8478
period of ......... (here insert number of years the millage is to	8479
be imposed) years?"	8480

Where it is necessary to combine the question of issuing	8481
bonds of the school district and levying a tax as described in	8482
division (B) of this section with the question of issuing bonds of	8483
the school district for acquisition of a site, the question	8484
specified in that division to be voted on shall be "For the Bond	8485
Issues and the Tax Levy" and "Against the Bond Issues and the Tax	8486
Levy."	8487

Where it is necessary to combine the question of issuing	8488
bonds of the school district and levying a tax as described in	8489
division (B) of this section with the question of levying a tax	8490
for the acquisition of a site, the question specified in that	8491
division to be voted on shall be "For the Bond Issue and the Tax	8492
Levies" and "Against the Bond Issue and the Tax Levies."	8493

Where the school district board chooses to combine the	8494
question in division (B) of this section with any of the	8495
additional questions described in divisions (A) to (D) of section	8496
3318.056 of the Revised Code, the question specified in division	8497
(B) of this section to be voted on shall be "For the Bond Issues	8498
and the Tax Levies" and "Against the Bond Issues and the Tax	8499
Levies."	8500

If a majority of those voting upon a proposition hereunder	8501
which includes the question of issuing bonds vote in favor	8502
thereof, and if the agreement provided for by section 3318.08 of	8503
the Revised Code has been entered into, the school district board	8504
may proceed under Chapter 133. of the Revised Code, with the	8505
issuance of bonds or bond anticipation notes in accordance with	8506
the terms of the agreement.	8507

Sec. 3318.061. This section applies only to school	8508
districts eligible to receive additional assistance under division	8509
(B)(2) of section 3318.04 of the Revised Code.	8510

The board of education of a school district in which a tax	8511
described by division (B) of section 3318.05 and levied under	8512
section 3318.06 of the Revised Code is in effect, may adopt a	8513
resolution by vote of a majority of its members to extend the term	8514
of that tax beyond the expiration of that tax as originally	8515
approved under that section. The school district board may include	8516
in the resolution a proposal to extend the term of that tax at the	8517
rate of not less than one-half mill for each dollar of valuation	8518
for a period of twenty-three years from the year in which the	8519
school district board and the Ohio school facilities commission	8520
enter into an agreement under division (B)(2) of section 3318.04	8521
of the Revised Code or in the following year, as specified in the	8522
resolution. Such a resolution may be adopted at any time before	8523
such an agreement is entered into and before the tax levied	8524
pursuant to section 3318.06 of the Revised Code expires. If the	8525
resolution is combined with a resolution to issue bonds to pay	8526
the school district's portion of the basic project cost, it shall	8527
conform with the requirements of divisions (A)(1), (2), and (3)	8528
of section 3318.06 of the Revised Code, except that the resolution	8529
also shall state that the tax levy proposed in the resolution is	8530
an extension of an existing tax levied under that section. A	8531
resolution proposing an extension adopted under this section does	8532
not take effect until it is approved by a majority of electors	8533
voting in favor of the resolution at a general, primary, or	8534
special election as provided in this section.	8535

A tax levy extended under this section is subject to the same	8536
terms and limitations to which the original tax levied under	8537
section 3318.06 of the Revised Code is subject under that section,	8538
except the term of the extension shall be as specified in this	8539
section.	8540

The school district board shall certify a copy of the	8541
resolution adopted under this section to the proper county board	8542
of elections not later than ~~seventy-five~~eighty-five days before	8543
the date set in the resolution as the date of the election at	8544
which the question will be submitted to electors. The notice of	8545
the election shall conform with the requirements of division	8546
(A)(3) of section 3318.06 of the Revised Code, except that the	8547
notice also shall state that the maintenance tax levy is an	8548
extension of an existing tax levy.	8549

The form of the ballot shall be as follows:

8550

"Shall the existing tax levied to pay the cost of maintaining	8551
classroom facilities constructed with the proceeds of the	8552
previously issued bonds at the rate of .......... (here insert the	8553
number of mills, which shall not be less than one-half mill) mills	8554
per dollar of tax valuation, be extended until ........ (here	8555
insert the year that is twenty-three years after the year in which	8556
the district and commission will enter into an agreement under	8557
division (B)(2) of section 3318.04 of the Revised Code or the	8558
following year)?	8559

8560

		FOR EXTENDING THE EXISTING TAX LEVY			8561
		AGAINST EXTENDING THE EXISTING TAX LEVY	"		8562

8563

Section 3318.07 of the Revised Code applies to ballot	8564
questions under this section.	8565

Sec. 3318.361. A school district board opting to qualify for	8566
state assistance pursuant to section 3318.36 of the Revised Code	8567
through levying the tax specified in division (D)(2)(a) or (D)(4)	8568
of that section shall declare by resolution that the question of a	8569
tax levy specified in division (D)(2)(a) or (4), as applicable, of	8570
section 3318.36 of the Revised Code shall be submitted to the	8571
electors of the school district at the next general or primary	8572
election, if there be a general or primary election not less than	8573
~~seventy-five~~eighty-five and not more than ~~ninety-five~~one hundred	8574
five days after the day of the adoption of such resolution or, if	8575
not, at a special election to be held at a time specified in the	8576
resolution which shall be not less than ~~seventy-five~~eighty-five	8577
days after the day of the adoption of the resolution and which	8578
shall be in accordance with the requirements of section 3501.01 of	8579
the Revised Code. Such resolution shall specify both of the	8580
following:	8581

(A) That the rate which it is necessary to levy shall be at	8582
the rate of not less than one-half mill for each one dollar of	8583
valuation, and that such tax shall be levied for a period of	8584
twenty-three years;	8585

(B) That the proceeds of the tax shall be used to pay the	8586
cost of maintaining the classroom facilities included in the	8587
project.	8588

A copy of such resolution shall after its passage and not	8589
less than ~~seventy-five~~eighty-five days prior to the date set	8590
therein for the election be certified to the county board of	8591
elections.	8592

Notice of the election shall include the fact that the tax	8593
levy shall be at the rate of not less than one-half mill for each	8594
one dollar of valuation for a period of twenty-three years, and	8595
that the proceeds of the tax shall be used to pay the cost of	8596
maintaining the classroom facilities included in the project.	8597

The form of the ballot to be used at such election shall be:

8598

"Shall a levy of taxes be made for a period of twenty-three	8599
years to benefit the ............ (here insert name of school	8600
district) school district, the proceeds of which shall be used to	8601
pay the cost of maintaining the classroom facilities included in	8602
the project at the rate of .......... (here insert the number of	8603
mills, which shall not be less than one-half mill) mills for each	8604
one dollar of valuation?	8605

8606

		FOR THE TAX LEVY			8607
		AGAINST THE TAX LEVY	"		8608

8609

Sec. 3354.12. (A) Upon the request by resolution approved by	8610
the board of trustees of a community college district, and upon	8611
certification to the board of elections not less than ~~seventy-five~~	8612
eighty-five days prior to the election, the boards of elections of	8613
the county or counties comprising such district shall place upon	8614
the ballot in their respective counties the question of levying a	8615
tax on all the taxable property in the community college district	8616
outside the ten-mill limitation, for a specified period of years	8617
or for a continuing period of time, to provide funds for any one	8618
or more of the following purposes: the acquisition of sites, the	8619
erection, furnishing, and equipment of buildings, the acquisition,	8620
construction, or improvement of any property which the board of	8621
trustees of a community college district is authorized to acquire,	8622
construct, or improve and which has an estimated life of	8623
usefulness of five years or more as certified by the fiscal	8624
officer, and the payment of operating costs. Not more than two	8625
special elections shall be held in any one calendar year. Levies	8626
for a continuing period of time adopted under this section may be	8627
reduced in accordance with section 5705.261 of the Revised Code.	8628

If such proposal is to be or include the renewal of an	8629
existing levy at the expiration thereof, the ballot for such	8630
election shall state whether it is a renewal of a tax; a renewal	8631
of a stated number of mills and an increase of a stated number of	8632
mills, or a renewal of a part of an existing levy with a reduction	8633
of a stated number of mills; the year of the tax duplicate on	8634
which such renewal will first be made; and if earlier, the year of	8635
the tax duplicate on which such additional levy will first be	8636
made, which may include the tax duplicate for the current year	8637
unless the election is to be held after the first Tuesday after	8638
the first Monday in November of the current tax year. The ballot	8639
shall also state the period of years for such levy or that it is	8640
for a continuing period of time. If a levy for a continuing period	8641
of time provides for but is not limited to current expenses, the	8642
resolution of the board of trustees providing for the election on	8643
such levy shall apportion the annual rate of the levy between	8644
current expenses and the other purpose or purposes. Such	8645
apportionment need not be the same for each year of the levy, but	8646
the respective portions of the rate actually levied each year for	8647
current expenses and the other purpose or purposes shall be	8648
limited by such apportionment. The portion of the rate apportioned	8649
to the other purpose or purposes shall be reduced as provided in	8650
division (B) of this section.	8651

If a majority of the electors in such district voting on such	8652
question approve thereof, the county auditor or auditors of the	8653
county or counties comprising such district shall annually, for	8654
the applicable years, place such levy on the tax duplicate in such	8655
district, in an amount determined by the board of trustees, but	8656
not to exceed the amount set forth in the proposition approved by	8657
the electors.	8658

The boards of trustees of a community college district shall	8659
establish a special fund for all revenue derived from any tax	8660
levied pursuant to this section.	8661

The boards of elections of the county or counties comprising	8662
the district shall cause to be published in a newspaper of general	8663
circulation in each such county an advertisement of the proposed	8664
tax levy question once a week for two consecutive weeks prior to	8665
the election at which the question is to appear on the ballot,	8666
and, if a board of elections operates and maintains a web site,	8667
that board also shall post a similar advertisement on its web site	8668
for thirty days prior to that election.	8669

After the approval of such levy by vote, the board of	8670
trustees of a community college district may anticipate a fraction	8671
of the proceeds of such levy and from time to time issue	8672
anticipation notes having such maturity or maturities that the	8673
aggregate principal amount of all such notes maturing in any	8674
calendar year shall not exceed seventy-five per cent of the	8675
anticipated proceeds from such levy for such year, and that no	8676
note shall mature later than the thirty-first day of December of	8677
the tenth calendar year following the calendar year in which such	8678
note is issued. Each issue of notes shall be sold as provided in	8679
Chapter 133. of the Revised Code.	8680

The amount of bonds or anticipatory notes authorized pursuant	8681
to Chapter 3354. of the Revised Code, may include sums to repay	8682
moneys previously borrowed, advanced, or granted and expended for	8683
the purposes of such bond or anticipatory note issues, whether	8684
such moneys were advanced from the available funds of the	8685
community college district or by other persons, and the community	8686
college district may restore and repay to such funds or persons	8687
from the proceeds of such issues the moneys so borrowed, advanced	8688
or granted.	8689

All operating costs of such community college may be paid out	8690
of any gift or grant from the state, pursuant to division (K) of	8691
section 3354.09 of the Revised Code; out of student fees and	8692
tuition collected pursuant to division (G) of section 3354.09 of	8693
the Revised Code; or out of unencumbered funds from any other	8694
source of the community college income not prohibited by law.	8695

(B) Prior to the application of section 319.301 of the	8696
Revised Code, the rate of a levy that is limited to, or to the	8697
extent that it is apportioned to, purposes other than current	8698
expenses shall be reduced in the same proportion in which the	8699
district's total valuation increases during the life of the levy	8700
because of additions to such valuation that have resulted from	8701
improvements added to the tax list and duplicate.	8702

Sec. 3355.02. (A) The legislative authority of any municipal	8703
corporation having a population of not less than fifty thousand as	8704
determined by the most recent federal decennial census may, by	8705
resolution approved by two-thirds of its members, create a	8706
university branch district, if a branch of a public university has	8707
been in operation in that municipality for at least the full two	8708
years immediately preceding that time.	8709

(B) The board of county commissioners of any county having a	8710
population of not less than fifty thousand as determined by the	8711
most recent federal decennial census may, by resolution approved	8712
by two-thirds of its members, create a university branch district	8713
if a branch of a public university has been in operation in that	8714
county for at least the full two years immediately preceding that	8715
time.	8716

(C) The boards of county commissioners of any two or more	8717
contiguous counties which together have a combined population of	8718
not less than fifty thousand, as determined by the most recent	8719
federal decennial census may, by resolution approved by two-thirds	8720
of the members of each such board, together and jointly create a	8721
university branch district, if a branch of a public university has	8722
been in operation in any one of the counties for at least the full	8723
two years immediately preceding that time.	8724

(D) A resolution creating a university branch district shall	8725
set forth the name of such district, and a description of the	8726
territory to be included in the proposed district. The creation of	8727
an authority of this nature by a municipality, county, or group of	8728
counties shall cause this authority to create university branch	8729
districts, to be unavailable to the other units of local	8730
government in the affected county or counties.	8731

(E) In any municipal corporation or county or group of two or	8732
more contiguous counties, having a total population of not less	8733
than fifty thousand as determined by the most recent federal	8734
decennial census, where no university branch district has been	8735
created either by action of the legislative authority of the	8736
municipal corporation or by action of the board or boards of	8737
county commissioners, the electors in such municipal corporation	8738
or county or counties may petition for the creation of a	8739
university branch district. Such petition shall be presented to	8740
the board of elections of the county or of the most populous	8741
county in the proposed university branch district and shall be	8742
signed by qualified voters of the territory within the proposed	8743
university branch district, not less in number than five per cent	8744
of the vote cast in the most recent gubernatorial election. A	8745
petition calling for the creation of a university branch district	8746
shall set forth the proposed name of such district, the necessity	8747
for the district, and a description of the territory to be	8748
included in the proposed district.	8749

In a petition submitted by qualified voters, pursuant to this	8750
section, which proposes the creation of a university branch	8751
district comprised of two or more counties, the number of valid	8752
signatures from each county shall be not less in number than five	8753
per cent of the vote cast in the most recent gubernatorial	8754
election.	8755

Upon receiving a petition calling for creation of a	8756
university branch district, pursuant to this section, the board of	8757
elections of the county of the most populous county in such	8758
district shall certify the validity of the signatures and the fact	8759
of such petition to the election boards of the other counties, if	8760
any, to be included in such district, and shall certify to such	8761
other boards that, pursuant to this section, the proposal to	8762
create such district shall be placed on the ballot at the next	8763
primary or general election occurring more than ~~seventy-five~~	8764
eighty-five days after the filing of such petition. If a majority	8765
of the electors voting on the proposition in each county of the	8766
proposed district vote in favor thereof, such district shall be	8767
established.	8768

No county shall be included in the territory of more than one	8769
university branch district.	8770

Sec. 3355.09. Upon receipt of a request from the university	8771
branch district managing authority, the boards of elections of the	8772
county or counties comprising such district shall place upon the	8773
ballot in the district at the next primary or general election	8774
occurring not less than ~~seventy-five~~eighty-five days after	8775
submission of such request by such managing authority, the	8776
question of levying a tax outside the ten-mill limitation, for a	8777
specified period of years, to provide funds for any of the	8778
following purposes:	8779

(A) Purchasing a site or enlargement thereof;

8780

(B) The erection and equipment of buildings;

8781

8782

(D) The acquisition, construction, or improvement of any	8783
property which the university branch district managing authority	8784
is authorized to acquire, construct, or improve and which has been	8785
certified by the fiscal officer to have an estimated useful life	8786
of five or more years.	8787

If a majority of the electors in such district voting on such	8788
question approve, the county auditor of the county or counties	8789
comprising such district shall annually place such levy on the tax	8790
duplicate in such district, in the amount set forth in the	8791
proposition approved by the electors.	8792

The managing authority of the university branch district	8793
shall establish a special fund pursuant to section 3355.07 of the	8794
Revised Code for all revenue derived from any tax levied pursuant	8795
to provisions of this section.	8796

The boards of election of the county or counties comprising	8797
the district shall cause to be published in a newspaper of general	8798
circulation in each such county an advertisement of the proposed	8799
tax levy question once a week for two consecutive weeks prior to	8800
the election at which the question is to appear on the ballot,	8801
and, if a board of elections operates and maintains a web site,	8802
that board also shall post a similar advertisement on its web site	8803
for thirty days prior to the election.	8804

After the approval of such levy by vote, the managing	8805
authority of the university branch district may anticipate a	8806
fraction of the proceeds of such levy and from time to time,	8807
during the life of such levy, issue anticipation notes in an	8808
amount not to exceed seventy-five per cent of the estimated	8809
proceeds of such levy to be collected in each year over a period	8810
of five years after the date of the issuance of such notes, less	8811
an amount equal to the proceeds of such levy previously obligated	8812
for such year by the issuance of anticipation notes, provided,	8813
that the total amount maturing in any one year shall not exceed	8814
seventy-five per cent of the anticipated proceeds of such levy for	8815
that year.	8816

Each issue of notes shall be sold as provided in Chapter 133.	8817
of the Revised Code and shall mature serially in substantially	8818
equal amounts, during each remaining year of the levy, not to	8819
exceed five, after their issuance.	8820

Sec. 3357.02. A technical college district may be created	8821
with the approval of the Ohio board of regents pursuant to	8822
standards established by it. Such standards shall take into	8823
consideration such factors as the population of the proposed	8824
district, the present and potential pupil enrollment, present and	8825
potential higher education facilities in the district, and such	8826
other factors as may pertain to the educational needs of the	8827
district. The Ohio board of regents may undertake a study or	8828
contract for a study to be made relative to its establishment or	8829
application of such standards.	8830

The attorney general shall be the attorney for each technical	8831
college district and shall provide legal advice in all matters	8832
relating to its powers and duties.	8833

A proposal to create a technical college district may be	8834
presented to the Ohio board of regents in any of the following	8835
ways:	8836

(A) The board of education of a city school district may by	8837
resolution approved by a majority of its members propose the	8838
creation of a technical college district consisting of the whole	8839
territory of such district.	8840

(B) The boards of two or more contiguous city, exempted	8841
village, or local school districts or educational service centers	8842
may by resolutions approved by a majority of the members of each	8843
participating board propose the creation of a technical college	8844
district consisting of the whole territories of all the	8845
participating school districts and educational service centers.	8846

(C) The governing board of any educational service center may	8847
by resolution approved by a majority of its members propose the	8848
creation of a technical college district consisting of the whole	8849
territory of such educational service center.	8850

(D) The governing boards of any two or more contiguous	8851
educational service centers may by resolutions approved by a	8852
majority of the members of each participating board, propose the	8853
creation of a technical college district consisting of the whole	8854
territories of such educational service centers.	8855

(E) Qualified electors residing in a city school district, in	8856
a county, in two or more contiguous school districts, or in two or	8857
more contiguous counties may execute a petition proposing the	8858
creation of a technical college district comprised of the	8859
territory of the city school district, educational service center,	8860
two or more contiguous school districts or educational service	8861
centers, or two or more contiguous counties, respectively. Such	8862
petition shall be presented to the board of elections of the most	8863
populous county in which the technical college district is	8864
situated and shall bear the signatures of at least two per cent of	8865
the total number of resident electors who voted in the most recent	8866
election for governor in the territory of such proposed district.	8867
Such petition shall set forth the necessity for the district, a	8868
demonstration that it will be conducive to the public convenience	8869
and welfare, and a description of the territory to be included in	8870
the proposed district.	8871

Upon receiving a petition duly executed pursuant to division	8872
(E) of this section, the board of elections of the most populous	8873
county shall certify the fact of such petition to the boards of	8874
elections of the other counties, if any, in which any of the	8875
territory of the proposed district is situated. The proposal to	8876
create a technical college district shall be placed on the ballot	8877
by the board of elections and submitted to vote in each affected	8878
city school district, county, or group of contiguous school	8879
districts or counties, at the next primary or general election	8880
occurring more than ~~seventy-five~~eighty-five days after the filing	8881
of such petition. If there is no primary or general election	8882
occurring within ~~ninety~~one hundred days after the filing of such	8883
petition, the board of elections of the most populous county shall	8884
fix the date of a special election to be held in each affected	8885
city school district, county, or group of contiguous school	8886
districts or counties, such date to be not less than ~~seventy-five~~	8887
eighty-five days after the filing of the petition. If a majority	8888
of electors voting on the proposition in the proposed technical	8889
college district vote in favor thereof, the board of elections of	8890
the most populous county in which the proposed district is	8891
situated shall certify such fact to the Ohio board of regents.	8892

Sec. 3357.11. For the purposes of purchasing a site or	8893
enlargement thereof, and for the erection and equipment of	8894
buildings, or for the purpose of enlarging, improving, or	8895
rebuilding existing facilities, the board of trustees of a	8896
technical college district shall determine the amount of bonds to	8897
be issued and such other matters as pertain thereto, and may when	8898
authorized by the vote of the electors of the district, issue and	8899
sell such bonds as provided in Chapter 133. of the Revised Code.	8900
Such board of trustees shall have the same authority and be	8901
subject to the same procedure as provided in such chapter in the	8902
case where the board of education proposes a bond issue for the	8903
purposes noted in this section.	8904

At any time the board of trustees of a technical college	8905
district by a vote of two-thirds of all its members may declare by	8906
resolution the necessity of a tax outside the ten-mill limitation	8907
for a period of years not to exceed ten years, to provide funds	8908
for one or more of the following purposes: for operation and	8909
maintenance, for purchasing a site or enlargement thereof, for the	8910
erection and construction or equipment of buildings, or for the	8911
purpose of enlarging or improving or rebuilding thereon. A copy of	8912
such resolution shall be certified to the board of elections of	8913
the county or counties in which such technical college district is	8914
situated, for the purpose of placing the proposal on the ballot at	8915
an election to be held at a date designated by such board of	8916
trustees, which date shall be consistent with the requirements of	8917
section 3501.01 of the Revised Code, but shall not be earlier than	8918
~~seventy-five~~eighty-five days after the adoption and certification	8919
of such resolution. If a majority of the electors in such district	8920
voting on such question vote in favor of such levy, the resolution	8921
shall go into immediate effect. The trustees shall certify their	8922
action to the auditors of the county or counties in which such	8923
technical college district is situated, who shall annually	8924
thereafter place such levy on the tax duplicate in such district	8925
in the amount set forth in the proposition approved by the voters.	8926

After the approval of such levy by vote the board of trustees	8927
of a technical college district may anticipate a fraction of the	8928
proceeds of such levy and from time to time, during the life of	8929
such levy, issue anticipation notes in an amount not to exceed	8930
seventy-five per cent of the estimated proceeds of such levy to be	8931
collected in each year over a period of five years after the date	8932
of the issuance of such notes, less an amount equal to the	8933
proceeds of such levy previously obligated for each year by the	8934
issuance of anticipation notes, provided, that the total amount	8935
maturing in any one year shall not exceed seventy-five per cent of	8936
the anticipated proceeds of such levy for that year.	8937

Each issue of notes shall be sold as provided in Chapter 133.	8938
of the Revised Code and shall mature serially in substantially	8939
equal amounts, during each remaining year of the levy, not to	8940
exceed five, after their issuance.	8941

All necessary expenses for the operation of such technical	8942
college may be paid from any gifts, from grants of the state or	8943
federal government, from student fees and tuition collected	8944
pursuant to division (G) of section 3357.09 of the Revised Code,	8945
or from unencumbered funds from any other source of the technical	8946
college income, not prohibited by law.	8947

Sec. 3375.19. In each county there may be created a county	8948
library district composed of all the local, exempted village, and	8949
city school districts in the county which are not within the	8950
territorial boundaries of an existing township, school district,	8951
municipal, county district, or county free public library, by one	8952
of the following methods:	8953

(A) The board of county commissioners may initiate the	8954
creation of such a county library district by adopting a	8955
resolution providing for the submission of the question of	8956
creating a county library district to the electors of such	8957
proposed district. Such resolution shall define the territory to	8958
be included in such district by listing the school districts which	8959
will compose the proposed county library district.	8960

(B) The board of county commissioners shall, upon receipt of	8961
a petition signed by no less than ten per cent, or five hundred,	8962
whichever is the lesser, of the qualified electors of the proposed	8963
county library district voting at the last general election, adopt	8964
a resolution providing for the submission of the question of	8965
creating a county library district to the electors of the proposed	8966
district. Such resolution shall define the territory to be	8967
included in such district by listing the school districts which	8968
will compose the proposed county library district.	8969

Upon adoption of such a resolution authorized in either	8970
division (A) or (B) of this section the board of county	8971
commissioners shall cause a certified copy of it to be filed with	8972
the board of elections of the county prior to the ~~fifteenth day of~~	8973
~~September~~eighty-fifth day before the day of the election at which	8974
the question will appear on the ballot. The board of elections	8975
shall submit the question of the creation of such county library	8976
district to the electors of the territory comprising such proposed	8977
district at the succeeding November election.	8978

If a majority of the electors, voting on the question of	8979
creating such proposed district, vote in the affirmative such	8980
district shall be created.	8981

Sec. 3375.201. The taxing authority of a subdivision	8982
maintaining a free public library which is providing approved	8983
library service and whose board of library trustees therefore is	8984
qualified under section 3375.20 of the Revised Code to request the	8985
formation of a county library district shall, upon receipt of a	8986
petition signed by not less than ten per cent, or five hundred,	8987
whichever is the lesser, of the qualified electors of the	8988
subdivision voting at the last general election, adopt a	8989
resolution providing for the submission of the question, "Shall	8990
the free public library of the subdivision become a county	8991
district library?". The taxing authority shall cause a certified	8992
copy of it to be filed with the board of elections of the county	8993
prior to the ~~fifteenth day of September~~eighty-fifth day before	8994
the day of the election at which the question will appear on the	8995
ballot. The board of elections shall submit the question of the	8996
creation of such county district library to the electors of the	8997
subdivision maintaining said free public library at the succeeding	8998
November election.	8999

If a majority of the electors, voting on the question of	9000
creating such county district library, vote in the affirmative,	9001
the board of trustees of the library and the taxing authority of	9002
the subdivision shall establish a county library district in the	9003
manner prescribed in section 3375.20 of the Revised Code, by	9004
adopting and approving the resolution so authorized.	9005

Sec. 3375.211. The taxing authority of any subdivision	9006
maintaining a free public library for the inhabitants thereof and	9007
whose board of library trustees is qualified under section 3375.21	9008
of the Revised Code to request inclusion of the subdivision in a	9009
county library district shall, upon receipt of a petition signed	9010
by qualified electors equal in number to at least ten per cent of	9011
the qualified electors of the subdivision voting at the last	9012
general election, adopt a resolution providing for the submission	9013
of the question of the inclusion of the subdivision in such county	9014
library district to the electors of the subdivision.	9015

The taxing authority shall cause a certified copy of the	9016
resolution to be filed with the board of elections of the county	9017
prior to the ~~fifteenth day of September~~eighty-fifth day before	9018
the day of the election at which the question will appear on the	9019
ballot. The board of elections shall submit the question of the	9020
inclusion of the subdivision in such county library district to	9021
the electors of the subdivision at the succeeding November	9022
election.	9023

If a majority of the electors, voting on the question of	9024
including the subdivision in such county library district, vote in	9025
the affirmative, the taxing authority of the subdivision and the	9026
board of trustees of the free public library shall include the	9027
subdivision in the county library district in the manner	9028
prescribed in section 3375.20 of the Revised Code by adopting and	9029
approving the resolutions so authorized.	9030

Unless more than thirty per cent of the votes cast on the	9031
question of including the subdivision in the county library	9032
district are in the affirmative, the same issue shall not be	9033
submitted to the electors of the subdivision for three years	9034
following an election in which the question was defeated.	9035

Sec. 3375.212. The board of public library trustees of a	9036
county library district, appointed under section 3375.22 of the	9037
Revised Code, may consolidate with another subdivision in the	9038
county maintaining a free public library. Such consolidation may	9039
be accomplished by one of the following procedures:	9040

(A) The board of public library trustees of the county	9041
library district may submit a resolution to the board of library	9042
trustees of such subdivision requesting such consolidation. The	9043
library trustees of the subdivision within thirty days of receipt	9044
of the resolution shall approve or reject such resolution; and, if	9045
approved shall forward the resolution together with a	9046
certification of its action to the taxing authority of said	9047
subdivision. Said taxing authority within thirty days of receipt	9048
of such resolution and certification shall approve or reject it	9049
and so notify the board of library trustees of the county district	9050
library and the board of county commissioners.	9051

(B) Upon receipt of such resolution, under division (A) of	9052
this section the board of library trustees of the subdivision may	9053
request the taxing authority of the subdivision to adopt a	9054
resolution providing for the submission of the question of	9055
consolidation to the electors of the subdivision.	9056

The taxing authority in turn shall adopt such a resolution	9057
and shall cause a certified copy of the resolution to be filed	9058
with the board of elections of the county prior to the ~~fifteenth~~	9059
~~day of September~~eighty-fifth day before the day of the election	9060
at which the question will appear on the ballot. The board of	9061
elections shall submit the question to the electors of the	9062
subdivision at the succeeding November election.	9063

(C) The board of county commissioners and the taxing	9064
authority of the subdivision, upon receipt of petitions signed by	9065
not less than ten per cent, or five hundred, whichever is the	9066
lesser, of the qualified electors in the county library district	9067
and not less than ten per cent, or five hundred, whichever is the	9068
lesser, of the qualified electors of the subdivision, voting at	9069
the last general election, shall adopt resolutions providing for	9070
the submission of the question of consolidation to the electors of	9071
the county library district and of the subdivision.	9072

Each taxing authority in turn shall cause a certified copy of	9073
its resolution to be filed with the board of elections of the	9074
county prior to the ~~fifteenth day of September~~eighty-fifth day	9075
before the day of the election at which the question will appear	9076
on the ballot. The board of elections shall submit the question of	9077
the consolidation of the county library district and the	9078
subdivision to the electors of the county library district and of	9079
the subdivision at the succeeding November election.	9080

If under division (A) of this section the board of library	9081
trustees and the taxing authority of said subdivision approve the	9082
request for consolidation, or if under division (B) of this	9083
section a majority of the electors of the subdivision vote in	9084
favor of the consolidation, or if under division (C) of this	9085
section a majority of the electors of the county library district	9086
and a majority of the electors of the subdivision vote in favor of	9087
the consolidation, such consolidation shall take place. The taxing	9088
authority of the subdivision or the board of elections, whichever	9089
the case may be, shall notify the county commissioners and the	9090
respective library boards.	9091

The board of library trustees of the county library district,	9092
the board of library trustees of the subdivision and their	9093
respective taxing authorities shall take appropriate action during	9094
the succeeding December, transferring all title and interest in	9095
all property, both real and personal, held in the names of said	9096
library boards to the board of trustees of the consolidated county	9097
library district, effective the second Monday of the succeeding	9098
January.	9099

The board of library trustees of the county library district	9100
and the board of library trustees of the subdivision shall meet	9101
jointly on the second Monday of the succeeding January.	9102

Acting as a board of the whole, the two boards shall become	9103
the interim board of library trustees of the consolidated county	9104
library district whose terms shall expire the second Monday of the	9105
second January succeeding the election at which the consolidation	9106
was approved. The board shall organize itself under section	9107
3375.32 of the Revised Code and shall have the same powers,	9108
rights, and limitations in law as does a board of library trustees	9109
appointed under section 3375.22 of the Revised Code. In the event	9110
of a vacancy on the interim board the appointment shall be made by	9111
the same taxing authority which appointed the trustee whose place	9112
had become vacant and shall be only for the period in which the	9113
interim board is in existence.	9114

At least thirty days prior to the second Monday of the second	9115
January succeeding the election at which the consolidation was	9116
approved, the board shall request the county commissioners and the	9117
judges of the court of common pleas to appoint a regular board of	9118
library trustees of seven members under the provisions of section	9119
3375.22 of the Revised Code. The terms of said trustees shall	9120
commence on the second Monday of the January last referred to	9121
above. The control and management of such consolidated county	9122
library district shall continue to be under section 3375.22 of the	9123
Revised Code.	9124

For the purposes of this section, whenever a county library	9125
district is consolidated with a subdivision other than a school	9126
district, the area comprising the school district in which the	9127
main library of said subdivision is located shall become a part of	9128
the county library district.	9129

Sec. 3501.01. As used in the sections of the Revised Code	9130
relating to elections and political communications:	9131

(A) "General election" means the election held on the first	9132
Tuesday after the first Monday in each November.	9133

(B) "Regular municipal election" means the election held on	9134
the first Tuesday after the first Monday in November in each	9135
odd-numbered year.	9136

(C) "Regular state election" means the election held on the	9137
first Tuesday after the first Monday in November in each	9138
even-numbered year.	9139

(D) "Special election" means any election other than those	9140
elections defined in other divisions of this section. A special	9141
election may be held only on the first Tuesday after the first	9142
Monday in February, May, August, or November, or on the day	9143
authorized by a particular municipal or county charter for the	9144
holding of a primary election, except that in any year in which a	9145
presidential primary election is held, no special election shall	9146
be held in February or May, except as authorized by a municipal or	9147
county charter, but may be held on the first Tuesday after the	9148
first Monday in March.	9149

(E)(1) "Primary" or "primary election" means an election held	9150
for the purpose of nominating persons as candidates of political	9151
parties for election to offices, and for the purpose of electing	9152
persons as members of the controlling committees of political	9153
parties and as delegates and alternates to the conventions of	9154
political parties. Primary elections shall be held on the first	9155
Tuesday after the first Monday in May of each year except in years	9156
in which a presidential primary election is held.	9157

(2) "Presidential primary election" means a primary election	9158
as defined by division (E)(1) of this section at which an election	9159
is held for the purpose of choosing delegates and alternates to	9160
the national conventions of the major political parties pursuant	9161
to section 3513.12 of the Revised Code. Unless otherwise	9162
specified, presidential primary elections are included in	9163
references to primary elections. In years in which a presidential	9164
primary election is held, all primary elections shall be held on	9165
the first Tuesday after the first Monday in March except as	9166
otherwise authorized by a municipal or county charter.	9167

(F) "Political party" means any group of voters meeting the	9168
requirements set forth in section 3517.01 of the Revised Code for	9169
the formation and existence of a political party.	9170

(1) "Major political party" means any political party	9171
organized under the laws of this state whose candidate for any of	9172
the offices of governor, secretary of state, auditor of state,	9173
treasurer of state, attorney general, or United States senator or	9174
nominees for presidential electors received no less than twenty	9175
per cent of the total vote cast for ~~such office~~any of those	9176
offices at either of the two most recent regular state ~~election~~	9177
elections.	9178

(2) ~~"Intermediate political party" means any political party~~	9179
~~organized under the laws of this state whose candidate for~~	9180
~~governor or nominees for presidential electors received less than~~	9181
~~twenty per cent but not less than ten per cent of the total vote~~	9182
~~cast for such office at the most recent regular state election.~~	9183

~~(3)~~ "Minor political party" means any political party	9184
organized under the laws of this state whose candidate for any of	9185
the offices of governor, secretary of state, auditor of state,	9186
treasurer of state, attorney general, or United States senator or	9187
nominees for presidential electors received less than ~~ten~~twenty	9188
per cent but not less than ~~five~~one per cent of the total vote	9189
cast for ~~such office~~any of those offices at either of the two	9190
most recent regular state ~~election~~elections or which has filed	9191
with the secretary of state, subsequent to any ~~election~~two	9192
successive regular state elections in which it received less than	9193
~~five~~one per cent of ~~such~~the vote for any of those offices, a	9194
petition signed by qualified electors equal in number to at least	9195
one-quarter of one per cent of the total vote cast for ~~such~~the	9196
office of governor in the last preceding regular state election,	9197
except that a newly formed political party shall be known as a	9198
minor political party until the time of the first regular state	9199
election ~~for governor or president which~~that occurs not less than	9200
twelve months subsequent to the formation of such party, after	9201
which election the status of such party as either a major or minor	9202
political party shall be determined by the vote ~~for the office~~	9203
percentage received by the party's candidate for any of the	9204
offices of governor ~~or president~~, secretary of state, auditor of	9205
state, treasurer of state, attorney general, or United States	9206
senator, or nominees for presidential electors.	9207

(G) "Dominant party in a precinct" or "dominant political	9208
party in a precinct" means that political party whose candidate	9209
for election to the office of governor at the most recent regular	9210
state election at which a governor was elected received more votes	9211
than any other person received for election to that office in such	9212
precinct at such election.	9213

(H) "Candidate" means any qualified person certified in	9214
accordance with the provisions of the Revised Code for placement	9215
on the official ballot of a primary, general, or special election	9216
to be held in this state, or any qualified person who claims to be	9217
a write-in candidate, or who knowingly assents to being	9218
represented as a write-in candidate by another at either a	9219
primary, general, or special election to be held in this state.	9220

(I) "Independent candidate" means any candidate who claims	9221
not to be affiliated with a political party, and whose name has	9222
been certified on the office-type ballot at a general or special	9223
election through the filing of a statement of candidacy and	9224
nominating petition, as prescribed in section 3513.257 of the	9225
Revised Code.	9226

(J) "Nonpartisan candidate" means any candidate whose name is	9227
required, pursuant to section 3505.04 of the Revised Code, to be	9228
listed on the nonpartisan ballot, including all candidates for	9229
judicial office, for member of any board of education, for	9230
municipal or township offices in which primary elections are not	9231
held for nominating candidates by political parties, and for	9232
offices of municipal corporations having charters that provide for	9233
separate ballots for elections for these offices.	9234

(K) "Party candidate" means any candidate who claims to be a	9235
member of a political party, whose name has been certified on the	9236
office-type ballot at a general or special election through the	9237
filing of a declaration of candidacy and petition of candidate,	9238
and who has won the primary election of the candidate's party for	9239
the public office the candidate seeks, is nominated pursuant to	9240
section 3513.02 of the Revised Code, or is selected by party	9241
committee in accordance with section 3513.31 of the Revised Code.	9242

(L) "Officer of a political party" includes, but is not	9243
limited to, any member, elected or appointed, of a controlling	9244
committee, whether representing the territory of the state, a	9245
district therein, a county, township, a city, a ward, a precinct,	9246
or other territory, of a major~~, intermediate,~~ or minor political	9247
party.	9248

(M) "Question or issue" means any question or issue certified	9249
in accordance with the Revised Code for placement on an official	9250
ballot at a general or special election to be held in this state.	9251

(N) "Elector" or "qualified elector" means a person having	9252
the qualifications provided by law to be entitled to vote.	9253

(O) "Voter" means an elector who votes at an election.

9254

(P) "Voting residence" means that place of residence of an	9255
elector which shall determine the precinct in which the elector	9256
may vote.	9257

(Q) "Precinct" means a district within a county established	9258
by the board of elections of such county within which all	9259
qualified electors having a voting residence therein may vote at	9260
the same polling place.	9261

(R) "Polling place" means that place provided for each	9262
precinct at which the electors having a voting residence in such	9263
precinct may vote.	9264

(S) "Board" or "board of elections" means the board of	9265
elections appointed in a county pursuant to section 3501.06 of the	9266
Revised Code.	9267

(T) "Political subdivision" means a county, township, city,	9268
village, or school district.	9269

(U) "Election officer" or "election official" means any of	9270
the following:	9271

(1) Secretary of state;

9272

(2) Employees of the secretary of state serving the division	9273
of elections in the capacity of attorney, administrative officer,	9274
administrative assistant, elections administrator, office manager,	9275
or clerical supervisor;	9276

(3) Director of a board of elections;

9277

(4) Deputy director of a board of elections;

9278

(5) Member of a board of elections;

9279

(6) Employees of a board of elections;

9280

(7) Precinct polling place judges;

9281

(8) Employees appointed by the boards of elections on a	9282
temporary or part-time basis.	9283

(V) "Acknowledgment notice" means a notice sent by a board of	9284
elections, on a form prescribed by the secretary of state,	9285
informing a voter registration applicant or an applicant who	9286
wishes to change the applicant's residence or name of the status	9287
of the application; the information necessary to complete or	9288
update the application, if any; and if the application is	9289
complete, the precinct in which the applicant is to vote.	9290

(W) "Confirmation notice" means a notice sent by a board of	9291
elections, on a form prescribed by the secretary of state, to a	9292
registered elector to confirm the registered elector's current	9293
address.	9294

(X) "Designated agency" means an office or agency in the	9295
state that provides public assistance or that provides	9296
state-funded programs primarily engaged in providing services to	9297
persons with disabilities and that is required by the National	9298
Voter Registration Act of 1993 to implement a program designed and	9299
administered by the secretary of state for registering voters, or	9300
any other public or government office or agency that implements a	9301
program designed and administered by the secretary of state for	9302
registering voters, including the department of job and family	9303
services, the program administered under section 3701.132 of the	9304
Revised Code by the department of health, the department of mental	9305
health, the department of developmental disabilities, the	9306
rehabilitation services commission, and any other agency the	9307
secretary of state designates. "Designated agency" does not	9308
include public high schools and vocational schools, public	9309
libraries, or the office of a county treasurer.	9310

(Y) "National Voter Registration Act of 1993" means the	9311
"National Voter Registration Act of 1993," 107 Stat. 77, 42	9312
U.S.C.A. 1973gg.	9313

(Z) "Voting Rights Act of 1965" means the "Voting Rights Act	9314
of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.	9315

(AA) ~~"Photo identification" means a document that meets each~~	9316
~~of the following requirements:~~	9317

~~(1) It shows the name of the individual to whom it was~~	9318
~~issued, which shall conform to the name in the poll list or~~	9319
~~signature pollbook.~~	9320

~~(2) It shows the current address of the individual to whom it~~	9321
~~was issued, which shall conform to the address in the poll list or~~	9322
~~signature pollbook, except for a driver's license or a state~~	9323
~~identification card issued under section 4507.50 of the Revised~~	9324
~~Code, which may show either the current or former address of the~~	9325
~~individual to whom it was issued, regardless of whether that~~	9326
~~address conforms to the address in the poll list or signature~~	9327
~~pollbook.~~	9328

~~(3) It shows a photograph of the individual to whom it was~~	9329
~~issued.~~	9330

~~(4) It includes an expiration date that has not passed.~~

9331

~~(5) It was issued by the government of the United States or~~	9332
~~this state.~~"Identification" means either of the following:	9333

(1) A photographic identification that meets all of the	9334
following requirements:	9335

(a) It lists the elector's name in a manner that	9336
substantially conforms to the elector's name in the elector's	9337
voter registration records;	9338

(b) It was issued by one of the following:

9339

(i) The state or any of its agencies or subdivisions;

9340

(ii) A public, private, or proprietary institution of higher	9341
education; or	9342

(iii) The government of the United States.

9343

9344

(2) An affirmation as to the voter's identification, made	9345
under penalty of election falsification, that meets all of the	9346
following requirements:	9347

(a) The elector has signed the affirmation, which signature	9348
substantially conforms to the elector's signature in the elector's	9349
voter registration records;	9350

(b) The elector has placed the elector's name on the	9351
affirmation, which name substantially conforms to the elector's	9352
name in the elector's voter registration records;	9353

(c) The elector has placed the elector's date of birth on the	9354
affirmation, which day of birth substantially conforms to the	9355
elector's date of birth in the elector's voter registration	9356
records; and	9357

(d) The elector has placed on the affirmation at least one of	9358
the following:	9359

(i) The last four digits of the elector's social security	9360
number;	9361

(ii) The elector's Ohio driver's license number or the	9362
identification number of the elector's Ohio identification card.	9363

(BB) "First-time mail-in registrant" means an individual who	9364
submitted a voter registration application by mail, who has not	9365
previously voted in a federal election in this state, and who did	9366
not include any of the following with the voter registration	9367
application:	9368

(1) The applicant's driver's license number;

9369

(2) At least the last four digits of the applicant's social	9370
security number;	9371

(3) A copy of a current and valid photo identification that	9372
shows the name and address of the applicant; or	9373

(4) A copy of a current utility bill, bank statement,	9374
government check, paycheck, or other government document that	9375
shows the name and address of the applicant.	9376

(CC) "First-time mail-in registrant identification" means a	9377
current and valid photo identification or a copy of a current	9378
utility bill, bank statement, government check, paycheck, or other	9379
government document that shows the name and address of the	9380
elector.	9381

Sec. 3501.012. Notwithstanding any provision of the Revised	9382
Code to the contrary, the secretary of state or a board of	9383
elections shall not refuse to accept and process an otherwise	9384
valid voter registration application, absent voter's ballot	9385
application, uniformed services and overseas absent voter's ballot	9386
application, returned absent voter's ballot, returned uniformed	9387
services and overseas absent voter's ballot, or federal write-in	9388
absentee ballot due to any requirements regarding notarization,	9389
paper type, paper weight and size, envelope type, or envelope	9390
weight and size.	9391

Sec. 3501.02. General elections in the state and its	9392
political subdivisions shall be held as follows:	9393

(A) For the election of electors of president and	9394
vice-president of the United States, in the year of 1932 and every	9395
four years thereafter;	9396

(B) For the election of a member of the senate of the United	9397
States, in the years 1932 and 1934, and every six years after each	9398
of such years; except as otherwise provided for filling vacancies;	9399

(C) For the election of representatives in the congress of	9400
the United States and of elective state and county officers	9401
including elected members of the state board of education, in the	9402
even-numbered years; except as otherwise provided for filling	9403
vacancies;	9404

(D) For municipal and township officers, members of boards of	9405
education, judges and clerks of municipal courts, in the	9406
odd-numbered years;	9407

(E) Proposed constitutional amendments or proposed measures	9408
submitted by the general assembly or by initiative or referendum	9409
petitions to the voters of the state at large may be submitted to	9410
at the general election in any year occurring at least ~~sixty~~one	9411
hundred twenty-five days, in case of a referendum, and ~~ninety~~one	9412
hundred twenty-five days, in the case of an initiated measure,	9413
subsequent to the filing of the petitions therefor. Proposed	9414
constitutional amendments submitted by the general assembly to	9415
the voters of the state at large may be submitted at a special	9416
election occurring on the day ~~in any year specified by division~~	9417
~~(E) of section 3501.01 of the Revised Code for the holding~~ of a	9418
primary election, when a special election on that date is	9419
designated by the general assembly in the resolution adopting the	9420
proposed constitutional amendment.	9421

No special election shall be held on a day other than the day	9422
of a general election, unless a law or charter provides	9423
otherwise, regarding the submission of a question or issue to	9424
the voters of a county, township, city, village, or school	9425
district.	9426

(F) ~~Any~~Notwithstanding any provision of the Revised Code to	9427
the contrary, any question or issue, except a candidacy, to be	9428
voted upon at an election shall be certified, for placement upon	9429
the ballot, to the board of elections not later than four p.m. of	9430
the ~~seventy-fifth~~eighty-fifth day before the day of the	9431
election.	9432

Sec. 3501.03. (A) At least ten days before the time for	9433
holding an election the board of elections shall give public	9434
notice by a proclamation, posted in a conspicuous place in the	9435
courthouse and city hall, or by one insertion in a newspaper	9436
published in the county, but if no newspaper is published in such	9437
county, then in a newspaper of general circulation therein.	9438

(B) In the case of an election by mail held under Chapter	9439
3507. of the Revised Code, the board shall give the notice	9440
required by division (A) of this section at least ten days before	9441
the date on which the board mails the absent voter's ballots	9442
pursuant to section 3507.02 of the Revised Code. The notice shall	9443
indicate that a person who is a qualified elector may vote at the	9444
office of the board if the person moves from one precinct to	9445
another or changes the person's name on or prior to the day	9446
before the election and has not filed with the board a notice of	9447
change of residence or change of name, respectively.	9448

(C) The board shall have authority to publicize information	9449
relative to registration or elections.	9450

Sec. 3501.05. The secretary of state shall do all of the	9451
following:	9452

(A) Appoint all members of boards of elections;

9453

(B) Issue instructions by directives and advisories in	9454
accordance with section 3501.053 of the Revised Code to members of	9455
the boards as to the proper methods of conducting elections.;	9456

(C) Prepare rules and instructions for the conduct of	9457
elections;	9458

(D) ~~Publish and furnish~~Provide to the boards ~~from time to~~	9459
~~time a sufficient number of indexed copies of~~an electronic link	9460
to all election laws then in force;	9461

(E) Edit and issue all pamphlets concerning proposed laws or	9462
amendments required by law to be submitted to the voters;	9463

(F) Prescribe the form of registration cards, blanks, and	9464
records;	9465

(G) Determine and prescribe the forms of ballots and the	9466
forms of all blanks, cards of instructions, pollbooks, tally	9467
sheets, certificates of election, and forms and blanks required by	9468
law for use by candidates, committees, and boards;	9469

(H) Prepare the ballot title or statement to be placed on the	9470
ballot for any proposed law or amendment to the constitution to be	9471
submitted to the voters of the state;	9472

(I) Except as otherwise provided in section 3519.08 of the	9473
Revised Code, certify to the several boards the forms of ballots	9474
and names of candidates for state offices, and the form and	9475
wording of state referendum questions and issues, as they shall	9476
appear on the ballot;	9477

(J) Except as otherwise provided in division (I)(2)(b) of	9478
section 3501.38 of the Revised Code, give final approval to ballot	9479
language for any local question or issue approved and transmitted	9480
by boards of elections under section 3501.11 of the Revised Code;	9481

(K) Receive all initiative and referendum petitions on state	9482
questions and issues and determine and certify to the sufficiency	9483
of those petitions;	9484

(L) Require such reports from the several boards as are	9485
provided by law, or as the secretary of state considers necessary;	9486

(M) Compel the observance by election officers in the several	9487
counties of the requirements of the election laws;	9488

(N)(1) Except as otherwise provided in division (N)(2) of	9489
this section, investigate the administration of election laws,	9490
frauds, and irregularities in elections in any county, and report	9491
violations of election laws to the attorney general or prosecuting	9492
attorney, or both, for prosecution;	9493

(2) On and after August 24, 1995, report a failure to comply	9494
with or a violation of a provision in sections 3517.08 to 3517.13,	9495
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	9496
Revised Code, whenever the secretary of state has or should have	9497
knowledge of a failure to comply with or a violation of a	9498
provision in one of those sections, by filing a complaint with the	9499
Ohio elections commission under section 3517.153 of the Revised	9500
Code;	9501

(O) Make an annual report to the governor containing the	9502
results of elections, the cost of elections in the various	9503
counties, a tabulation of the votes in the several political	9504
subdivisions, and other information and recommendations relative	9505
to elections the secretary of state considers desirable;	9506

(P) Prescribe and distribute to boards of elections a list of	9507
instructions indicating all legal steps necessary to petition	9508
successfully for local option elections under sections 4301.32 to	9509
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	9510

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	9511
for the removal by boards of elections of ineligible voters from	9512
the statewide voter registration database and, if applicable,	9513
from the poll list or signature pollbook used in each precinct,	9514
which rules shall provide for all of the following:	9515

(1) A process for the removal of voters who have changed	9516
residence, which shall be uniform, nondiscriminatory, and in	9517
compliance with the Voting Rights Act of 1965 and the National	9518
Voter Registration Act of 1993, including a program that uses the	9519
national change of address service provided by the United States	9520
postal system through its licensees;	9521

(2) A process for the removal of ineligible voters under	9522
section 3503.21 of the Revised Code;	9523

(3) A uniform system for marking or removing the name of a	9524
voter who is ineligible to vote from the statewide voter	9525
registration database and, if applicable, from the poll list or	9526
signature pollbook used in each precinct and noting the reason	9527
for that mark or removal.	9528

(R) Prescribe a general program for registering voters or	9529
updating voter registration information, such as name and	9530
residence changes, by boards of elections, designated agencies,	9531
offices of deputy registrars of motor vehicles, public high	9532
schools and vocational schools, public libraries, and offices of	9533
county treasurers consistent with the requirements of ~~section~~	9534
sections 3503.09 to 3503.11 of the Revised Code;	9535

(S) Prescribe a program of distribution of voter	9536
registration forms through boards of elections, designated	9537
agencies, offices of the registrar and deputy registrars of motor	9538
vehicles, public high schools and vocational schools, public	9539
libraries, and offices of county treasurers;	9540

(T) To the extent feasible, provide copies, at no cost and	9541
upon request, of the voter registration form in post offices in	9542
this state;	9543

(U) Adopt rules pursuant to section 111.15 of the Revised	9544
Code for the purpose of implementing the program for registering	9545
voters through boards of elections, designated agencies, and the	9546
offices of the registrar and deputy registrars of motor vehicles	9547
consistent with this chapter and the requirements of sections	9548
3503.09 to 3503.11 of the Revised Code;	9549

(V) Establish the full-time position of Americans with	9550
Disabilities Act coordinator within the office of the secretary of	9551
state to do all of the following:	9552

(1) Assist the secretary of state with ensuring that there is	9553
equal access to polling places for persons with disabilities;	9554

(2) Assist the secretary of state with ensuring that each	9555
voter may cast the voter's ballot in a manner that provides the	9556
same opportunity for access and participation, including privacy	9557
and independence, as for other voters;	9558

(3) Advise the secretary of state in the development of	9559
standards for the certification of voting machines, marking	9560
devices, and automatic tabulating equipment.	9561

(W) Establish and maintain a computerized statewide database	9562
of all legally registered voters under section 3503.15 of the	9563
Revised Code that complies with the requirements of the "Help	9564
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	9565
and provide training in the operation of that system;	9566

(X) Ensure that all directives, advisories, other	9567
instructions, or decisions issued or made during or as a result of	9568
any conference or teleconference call with a board of elections to	9569
discuss the proper methods and procedures for conducting	9570
elections, to answer questions regarding elections, or to discuss	9571
the interpretation of directives, advisories, or other	9572
instructions issued by the secretary of state are posted on a web	9573
site of the office of the secretary of state as soon as is	9574
practicable after the completion of the conference or	9575
teleconference call, but not later than the close of business on	9576
the same day as the conference or teleconference call takes	9577
place.;	9578

(Y) Publish a report on a web site of the office of the	9579
secretary of state not later than one month after the completion	9580
of the canvass of the election returns for each primary and	9581
general election, identifying, by county, the number of absent	9582
voter's ballots cast and the number of those ballots that were	9583
counted, and the number of provisional ballots cast and the number	9584
of those ballots that were counted, for that election. The	9585
secretary of state shall maintain the information on the web site	9586
in an archive format for each subsequent election.	9587

(Z) Conduct voter education outlining voter identification,	9588
absent voters ballot, provisional ballot, and other voting	9589
requirements;	9590

(AA) Establish a procedure by which a registered elector may	9591
make available to a board of elections a more recent signature	9592
to be used in the poll list or signature pollbook produced by	9593
the board of elections of the county in which the elector	9594
resides;	9595

(BB) Disseminate information, which may include all or part	9596
of the official explanations and arguments, by means of direct	9597
mail or other written publication, broadcast, or other means or	9598
combination of means, as directed by the Ohio ballot board under	9599
division (F) of section 3505.062 of the Revised Code, in order to	9600
inform the voters as fully as possible concerning each proposed	9601
constitutional amendment, proposed law, or referendum;	9602

(CC) Perform other duties required by law.

9603

Whenever a primary election is held under section 3513.32 of	9604
the Revised Code or a special election is held under section	9605
3521.03 of the Revised Code to fill a vacancy in the office of	9606
representative to congress, the secretary of state shall establish	9607
a deadline, notwithstanding any other deadline required under the	9608
Revised Code, by which any or all of the following shall occur:	9609
the filing of a declaration of candidacy and petitions or a	9610
statement of candidacy and nominating petition together with the	9611
applicable filing fee; the filing of protests against the	9612
candidacy of any person filing a declaration of candidacy or	9613
nominating petition; the filing of a declaration of intent to be a	9614
write-in candidate; the filing of campaign finance reports; the	9615
preparation of, and the making of corrections or challenges to,	9616
precinct voter registration lists; the receipt of applications for	9617
absent voter's ballots or armed service absent voter's ballots;	9618
the supplying of election materials to precincts by boards of	9619
elections; the holding of hearings by boards of elections to	9620
consider challenges to the right of a person to appear on a voter	9621
registration list; and the scheduling of programs to instruct or	9622
reinstruct election officers.	9623

In the performance of the secretary of state's duties as the	9624
chief election officer, the secretary of state may administer	9625
oaths, issue subpoenas, summon witnesses, compel the production of	9626
books, papers, records, and other evidence, and fix the time and	9627
place for hearing any matters relating to the administration and	9628
enforcement of the election laws.	9629

In any controversy involving or arising out of the adoption	9630
of registration or the appropriation of funds for registration,	9631
the secretary of state may, through the attorney general, bring an	9632
action in the name of the state in the court of common pleas of	9633
the county where the cause of action arose or in an adjoining	9634
county, to adjudicate the question.	9635

In any action involving the laws in Title XXXV of the Revised	9636
Code wherein the interpretation of those laws is in issue in such	9637
a manner that the result of the action will affect the lawful	9638
duties of the secretary of state or of any board of elections, the	9639
secretary of state may, on the secretary of state's motion, be	9640
made a party.	9641

The secretary of state may apply to any court that is hearing	9642
a case in which the secretary of state is a party, for a change of	9643
venue as a substantive right, and the change of venue shall be	9644
allowed, and the case removed to the court of common pleas of an	9645
adjoining county named in the application or, if there are cases	9646
pending in more than one jurisdiction that involve the same or	9647
similar issues, the court of common pleas of Franklin county.	9648

Public high schools and vocational schools, public libraries,	9649
and the office of a county treasurer shall implement voter	9650
registration programs as directed by the secretary of state	9651
pursuant to this section.	9652

Sec. 3501.07. At a meeting held not more than sixty nor less	9653
than fifteen days before the expiration date of the term of office	9654
of a member of the board of elections, or within fifteen days	9655
after a vacancy occurs in the board, the county executive	9656
committee of the major political party entitled to the appointment	9657
may make and file a recommendation with the secretary of state for	9658
the appointment of a qualified elector. The secretary of state	9659
shall appoint such elector, unless hethe secretary of state has	9660
reason to believe that the elector would not be a competent member	9661
of such board. In such cases the secretary of state shall so state	9662
in writing to the ~~chairman~~chairperson of such county executive	9663
committee, with the reasons therefor, and such committee may	9664
either recommend another elector or may apply for a writ of	9665
mandamus to the supreme court to compel the secretary of state to	9666
appoint the elector so recommended. In such action the burden of	9667
proof to show the qualifications of the person so recommended	9668
shall be on the committee making the recommendation. If no such	9669
recommendation is made or if a writ of mandamus has not been	9670
granted, the secretary of state shall make the appointment, and	9671
that decision shall be final. If a recommendation is made, the	9672
secretary shall appoint that elector unless the secretary of state	9673
has reason to believe that the elector would not be a competent	9674
member of the board. In that case, the secretary of state shall so	9675
state in writing to the chairperson of the county executive	9676
committee and shall make the appointment. That decision shall be	9677
final.	9678

If a vacancy on the board of elections is to be filled by a	9679
minor ~~or an intermediate~~ political party, authorized officials of	9680
that party may within fifteen days after the vacancy occurs	9681
~~recommend a qualified person to the secretary of state for~~	9682
~~appointment to such vacancy~~make and file with the secretary of	9683
state a recommendation for the appointment of a qualified elector.	9684
The secretary of state shall appoint that elector unless the	9685
secretary of state has reason to believe that the elector would	9686
not be a competent member of the board. In that case, the	9687
secretary of state shall so state in writing to the authorized	9688
party officials, with the reasons therefor, and the party	9689
officials may either recommend another elector or may apply for a	9690
writ of mandamus to the supreme court to compel the secretary of	9691
state to appoint the elector so recommended. In such action the	9692
burden of proof to show the qualifications of the person so	9693
recommended shall be on the party officials making the	9694
recommendation. If no such recommendation is made or such writ of	9695
mandamus has not been granted, the secretary of state shall make	9696
the appointment. If a recommendation is made, the secretary shall	9697
appoint such elector, unless the secretary of state has reason to	9698
believe that the elector would not be a competent member of such	9699
board. In such cases the secretary of state shall so state in	9700
writing to the authorized party officials, and shall make the	9701
appointment. That decision shall be final.	9702

Sec. 3501.10. (A) The board of elections shall, as an	9703
expense of the board, provide suitable rooms for its offices and	9704
records and the necessary and proper furniture and supplies for	9705
those rooms. The board may lease such offices and rooms, necessary	9706
to its operation, for the length of time and upon the terms the	9707
board deems in the best interests of the public, provided that the	9708
term of any such lease shall not exceed fifteen years.	9709

Thirty days prior to entering into such a lease, the board	9710
shall notify the board of county commissioners in writing of its	9711
intent to enter into the lease. The notice shall specify the terms	9712
and conditions of the lease. Prior to the thirtieth day after	9713
receiving that notice and before any lease is entered into, the	9714
board of county commissioners may reject the proposed lease by a	9715
majority vote. After receiving written notification of the	9716
rejection by the board of county commissioners, the board of	9717
elections shall not enter into the lease that was rejected, but	9718
may immediately enter into additional lease negotiations, subject	9719
to the requirements of this section.	9720

The board of elections in any county may, by resolution,	9721
request that the board of county commissioners submit to the	9722
electors of the county, in accordance with section 133.18 of the	9723
Revised Code, the question of issuing bonds for the acquisition of	9724
real estate and the construction on it of a suitable building with	9725
necessary furniture and equipment for the proper administration of	9726
the duties of the board of elections. The resolution declaring the	9727
necessity for issuing such bonds shall relate only to the	9728
acquisition of real estate and to the construction, furnishing,	9729
and equipping of a building as provided in this division.	9730

(B) The board of elections in each county shall keep its	9731
offices, or one or more of its branch registration offices, open	9732
for the performance of its duties until nine p.m. on the last day	9733
of registration before a general or primary election. At all other	9734
times during each week, the board shall keep its offices and rooms	9735
open for a period of time that the board considers necessary for	9736
the performance of its duties.	9737

(C) The board of elections may maintain permanent or	9738
temporary branch offices at any place within the county~~, provided~~	9739
~~that, if the board of elections permits electors to vote at a~~	9740
~~branch office, electors shall not be permitted to vote at any~~	9741
~~other branch office or any other office of the board of elections~~.	9742
The board shall not employ more than four such locations for the	9743
purpose of allowing voters to cast absent voter's ballots in	9744
person at an election.	9745

The board may employ such locations for all or part of the	9746
period established under section 3509.01 of the Revised Code	9747
during which voters may cast absent voter's ballots in person at	9748
an election. The board shall determine the time period during	9749
which those locations shall be employed at the time the board	9750
votes to establish those locations.	9751

A majority vote of the board is required to establish more	9752
than one location at which voters may cast absent voter's ballots	9753
in person at an election. That vote shall take place not later	9754
than sixty days prior to the day of any election other than a	9755
special election. In the case of a tie vote or disagreement in	9756
the board, the board shall submit the matter to the secretary of	9757
state in accordance with division (X) of section 3501.11 of the	9758
Revised Code.	9759

Prior to establishing more than one location at which voters	9760
may cast absent voter's ballots in person at an election, the	9761
board of elections shall send a notice to the board of county	9762
commissioners expressing its intent to establish more than one	9763
such location. The notice shall include information on the number	9764
of additional locations that the board of elections plans to	9765
establish, the name and location of each of the proposed sites,	9766
the duration for which such locations will be used, and an	9767
estimate of the cost to operate each of the additional locations.	9768

The board of elections shall file with the secretary of	9769
state and the board of county commissioners the final	9770
determination of the board of elections regarding the	9771
establishment of those voting locations.	9772

(D) The secretary of state shall adopt rules under Chapter	9773
119. of the Revised Code regarding the siting of additional	9774
locations for the purpose of allowing voters to cast absent	9775
voter's ballots in person at an election. The rules shall ensure	9776
the equitable distribution of such locations, including	9777
distribution with respect to a county's unique geography,	9778
population distribution, minority voter access, and ease of voter	9779
access to the locations. The rules shall ensure, to the extent	9780
practical, that the distribution will not unduly favor any	9781
political party.	9782

Sec. 3501.11. Each board of elections shall exercise by a	9783
majority vote all powers granted to the board by Title XXXV of the	9784
Revised Code, shall perform all the duties imposed by law, and	9785
shall do all of the following:	9786

(A) Establish, define, provide, rearrange, and combine	9787
election precincts in accordance with section 3501.18 of the	9788
Revised Code and any rules adopted by the secretary of state;	9789

(B) Fix and provide the places for registration and for	9790
holding primaries and elections;	9791

(C) Provide for the purchase, preservation, and maintenance	9792
of booths, ballot boxes, books, maps, flags, blanks, cards of	9793
instructions, and other forms, papers, and equipment used in	9794
registration, nominations, and elections;	9795

(D) Appoint and remove its director, deputy director, and	9796
employees and all registrars, judges, and other officers of	9797
elections, fill vacancies, and designate the ward or district and	9798
precinct in which each shall serve;	9799

(E) Make and issue rules and instructions, not inconsistent	9800
with law or the rules, directives, or advisories issued by the	9801
secretary of state, as it considers necessary for the guidance of	9802
election officers and voters;	9803

(F) Advertise and contract for the printing of all ballots	9804
and other supplies used in registrations and elections, or provide	9805
for the acquisition of those supplies through the department of	9806
administrative services;	9807

(G) Provide for the issuance of all notices, advertisements,	9808
and publications concerning elections, except as otherwise	9809
provided in division (G) of section 3501.17 and divisions (F) and	9810
(G) of section 3505.062 of the Revised Code;	9811

(H) Provide for the delivery of ballots, pollbooks, and other	9812
required papers and material to the polling places;	9813

(I) Cause the polling places to be suitably provided with	9814
voting machines, marking devices, automatic tabulating equipment,	9815
stalls, and other required supplies. In fulfilling this duty, each	9816
board of a county that uses voting machines, marking devices, or	9817
automatic tabulating equipment shall ~~conduct a full vote of the~~	9818
~~board during a public session of the board on~~provide for the	9819
allocation and distribution of voting machines, marking devices,	9820
and automatic tabulating equipment ~~for each precinct in the~~	9821
~~county~~in accordance with section 3506.12 of the Revised Code.	9822

(J) Investigate irregularities, nonperformance of duties, or	9823
violations of Title XXXV of the Revised Code by election officers	9824
and other persons; administer oaths, issue subpoenas, summon	9825
witnesses, and compel the production of books, papers, records,	9826
and other evidence in connection with any such investigation; and	9827
report the facts to the prosecuting attorney or the secretary of	9828
state;	9829

(K) Review, examine, and certify the sufficiency and validity	9830
of petitions and nomination papers, and, after certification,	9831
return to the secretary of state all petitions and nomination	9832
papers that the secretary of state forwarded to the board;	9833

(L) Receive the returns of elections, canvass the returns,	9834
make abstracts of them, and transmit those abstracts to the proper	9835
authorities;	9836

(M) Issue certificates of election on forms to be prescribed	9837
by the secretary of state;	9838

(N) Make an annual report to the secretary of state, on the	9839
form prescribed by the secretary of state, containing a statement	9840
of the number of voters registered, elections held, votes cast,	9841
appropriations received, expenditures made, and other data	9842
required by the secretary of state;	9843

(O) Prepare and submit to the proper appropriating officer a	9844
budget estimating the cost of elections for the ensuing fiscal	9845
year;	9846

(P) Perform other duties as prescribed by law or the rules,	9847
directives, or advisories of the secretary of state;	9848

(Q) Investigate and determine the residence qualifications of	9849
electors;	9850

(R) Administer oaths in matters pertaining to the	9851
administration of the election laws;	9852

(S) Prepare and submit to the secretary of state, whenever	9853
the secretary of state requires, a report containing the names and	9854
residence addresses of all incumbent county, municipal, township,	9855
and board of education officials serving in their respective	9856
counties;	9857

(T) Establish and maintain a voter registration database of	9858
all qualified electors in the county who offer to register;	9859

(U) Maintain voter registration records, make reports	9860
concerning voter registration as required by the secretary of	9861
state, and remove ineligible electors from voter registration	9862
lists in accordance with law and directives of the secretary of	9863
state;	9864

(V) Give approval to ballot language for any local question	9865
or issue and transmit the language to the secretary of state for	9866
the secretary of state's final approval;	9867

(W) Prepare and cause the following notice to be displayed in	9868
a prominent location in every polling place:	9869

"NOTICE	9870

Ohio law prohibits any person from voting or attempting to	9871
vote more than once at the same election.	9872

Violators are guilty of a felony of the fourth degree and	9873
shall be imprisoned and additionally may be fined in accordance	9874
with law."	9875

(X) In all cases of a tie vote or a disagreement in the	9876
board, if no decision can be arrived at, the director or	9877
chairperson shall submit the matter in controversy, not later than	9878
fourteen days after the tie vote or the disagreement, to the	9879
secretary of state, who shall summarily decide the question, and	9880
the secretary of state's decision shall be final.;	9881

(Y) Assist each designated agency, deputy registrar of motor	9882
vehicles, public high school and vocational school, public	9883
library, and office of a county treasurer in the implementation of	9884
a program for registering voters at all voter registration	9885
locations as prescribed by the secretary of state. Under this	9886
program, each board of elections shall direct to the appropriate	9887
board of elections any voter registration applications for persons	9888
residing outside the county where the board is located within five	9889
days after receiving the applications.	9890

(Z) On any day on which an elector may vote in person at the	9891
office of the board or at another site designated by the board,	9892
consider the board or other designated site a polling place for	9893
that day. All requirements or prohibitions of law that apply to a	9894
polling place shall apply to the office of the board or other	9895
designated site on that day.	9896

Sec. 3501.17. (A) The expenses of the board of elections	9897
shall be paid from the county treasury, in pursuance of	9898
appropriations by the board of county commissioners, in the same	9899
manner as other county expenses are paid. If the board of county	9900
commissioners fails to appropriate an amount sufficient to provide	9901
for the necessary and proper expenses of the board of elections	9902
pertaining to the conduct of elections, the board of elections	9903
may apply to the court of common pleas within the county, which	9904
shall fix the amount necessary to be appropriated and the amount	9905
shall be appropriated. Payments shall be made upon vouchers of the	9906
board of elections certified to by its chairperson or acting	9907
chairperson and the director or deputy director, upon warrants of	9908
the county auditor.	9909

The board of elections shall not incur any obligation	9910
involving the expenditure of money unless there are moneys	9911
sufficient in the funds appropriated therefor to meet the	9912
obligation. If the board of elections requests a transfer of funds	9913
from one of its appropriation items to another, the board of	9914
county commissioners shall adopt a resolution providing for the	9915
transfer except as otherwise provided in section 5705.40 of the	9916
Revised Code. The expenses of the board of elections shall be	9917
apportioned among the county and the various subdivisions as	9918
provided in this section, and the amount chargeable to each	9919
subdivision shall be paid as provided in division (L) of this	9920
section or withheld by the auditor from the moneys payable	9921
thereto at the time of the next tax settlement. At the time of	9922
submitting budget estimates in each year, the board of elections	9923
shall submit to the taxing authority of each subdivision, upon	9924
the request of the subdivision, an estimate of the amount to be	9925
paid or withheld from the subdivision during the current or next	9926
fiscal year.	9927

(B) Except as otherwise provided in ~~division~~divisions (C)	9928
and (F) of this section, the compensation of the members of the	9929
board of elections and of the director, deputy director, and	9930
regular employees in the board's offices, other than compensation	9931
for overtime worked; the expenditures for the rental, furnishing,	9932
and equipping of the office of the board and for the necessary	9933
office supplies for the use of the board; the expenditures for	9934
the acquisition, repair, care, and custody of the polling places,	9935
booths, guardrails, and other equipment for polling places; the	9936
cost of tally sheets, maps, flags, ballot boxes, and all other	9937
permanent records and equipment; the cost of all elections held	9938
in and for the state and county; and all other expenses of the	9939
board which are not chargeable to a political subdivision in	9940
accordance with this section shall be paid in the same manner as	9941
other county expenses are paid.	9942

(C) The compensation for overtime worked by the director,	9943
deputy director, and regular employees in the office of a board	9944
of elections to prepare for and conduct the primary or election;	9945
the compensation of judges of elections and intermittent	9946
employees in the board's offices; the cost of renting, moving,	9947
heating, and lighting polling places and of placing and removing	9948
ballot boxes and other fixtures and equipment thereof, including	9949
voting machines, marking devices, and automatic tabulating	9950
equipment; the cost of printing and delivering ballots, cards of	9951
instructions, registration lists required under section 3503.23	9952
of the Revised Code, and other election supplies, including the	9953
supplies required to comply with division (H) of section 3506.01	9954
of the Revised Code; the cost of contractors engaged by the	9955
board to prepare, program, test, and operate voting machines,	9956
marking devices, and automatic tabulating equipment; and all	9957
other expenses of conducting primaries and elections in the	9958
odd-numbered years shall be charged to the subdivisions in and	9959
for which such primaries or elections are held. The charge for	9960
each primary or general election in odd-numbered years for each	9961
subdivision shall be determined in the following manner: first,	9962
the total cost of all chargeable items used in conducting such	9963
elections shall be ascertained; second, the total charge shall be	9964
divided by the number of precincts participating in such	9965
election, in order to fix the cost per precinct; third, the cost	9966
per precinct shall be prorated by the board of elections to the	9967
subdivisions conducting elections ~~for the nomination or election~~	9968
~~of offices~~ in such precinct; fourth, the total cost for each	9969
subdivision shall be determined by adding the charges prorated to	9970
it in each precinct within the subdivision.	9971

(D) The entire cost of preparing for and conducting special	9972
elections held on a day other than the day of a primary or general	9973
election, both in odd-numbered or in even-numbered years, shall be	9974
charged to the subdivision. Where a special election is held on	9975
the same day as a primary or general election in an even-numbered	9976
year, the subdivision submitting the special election shall be	9977
charged only for the cost of ballots and advertising. Where a	9978
special election is held on the same day as a primary or general	9979
election in an odd-numbered year, the subdivision submitting the	9980
special election shall be charged for the cost of ballots and	9981
advertising for such special election, in addition to the charges	9982
prorated to such subdivision for ~~the election or nomination of~~	9983
~~candidates in~~ each precinct within the subdivision, as set forth	9984
in the preceding paragraph.	9985

(E) Where a special election is held on the day specified by	9986
division (E) of section 3501.01 of the Revised Code for the	9987
holding of a primary election, for the purpose of submitting to	9988
the voters of the state constitutional amendments proposed by the	9989
general assembly, and a subdivision conducts a special election on	9990
the same day, the entire cost of preparing for and conducting the	9991
special election shall be divided proportionally between the state	9992
and the subdivision based upon a ratio determined by the number	9993
of issues placed on the ballot by each, except as otherwise	9994
provided in division (G) of this section. Such proportional	9995
division of cost shall be made only to the extent funds are	9996
available for such purpose from amounts appropriated by the	9997
general assembly to the secretary of state. If a primary election	9998
is also being conducted in the subdivision, the costs shall be	9999
apportioned as otherwise provided in this section.	10000

(F) When a precinct is open during a general, primary, or	10001
special election solely for the purpose of submitting to the	10002
voters a statewide ballot issue, the state shall bear the entire	10003
cost of the election in that precinct and shall reimburse the	10004
county for all expenses incurred in opening the precinct.	10005

(G)(1) The state shall bear the entire cost of advertising in	10006
newspapers statewide ballot issues, explanations of those issues,	10007
and arguments for or against those issues, as required by Section	10008
1g of Article II and Section 1 of Article XVI, Ohio Constitution,	10009
and any other section of law. Appropriations made to the	10010
controlling board shall be used to reimburse the secretary of	10011
state for all expenses the secretary of state incurs for such	10012
advertising under division (G) of section 3505.062 of the	10013
Revised Code.	10014

(2) There is hereby created in the state treasury the	10015
statewide ballot advertising fund. The fund shall receive	10016
transfers approved by the controlling board, and shall be used by	10017
the secretary of state to pay the costs of advertising state	10018
ballot issues as required under division (G)(1) of this section.	10019
Any such transfers may be requested from and approved by the	10020
controlling board prior to placing the advertising, in order to	10021
facilitate timely provision of the required advertising.	10022

(H) The cost of renting, heating, and lighting registration	10023
places; the cost of the necessary books, forms, and supplies for	10024
the conduct of registration; and the cost of printing and posting	10025
precinct registration lists shall be charged to the subdivision in	10026
which such registration is held.	10027

(I) ~~At the request of a majority of the members of the board~~	10028
~~of elections, the~~The secretary of state shall adopt rules under	10029
Chapter 119. of the Revised Code to establish a depreciation	10030
schedule and an associated flat depreciation fee to be charged	10031
for all special elections held in this state. Before adopting	10032
such rules, the secretary of state shall consult with	10033
representatives from educational organizations, boards of	10034
elections, boards of county commissioners, county auditors, and	10035
any other person the secretary determines appropriate. A board of	10036
elections shall charge the state or a political subdivision	10037
placing an issue on the ballot at a special election the flat	10038
depreciation fee for that year established by rule of the	10039
secretary of state by including that flat depreciation fee in the	10040
costs of the election charged to the state or political	10041
subdivision under division (D), (E), or (F) of this section.	10042

(J)(1) The board of county commissioners ~~may, by resolution,~~	10043
shall establish ana single elections revenue fund. Except as	10044
otherwise provided in this division, the purpose of the fund shall	10045
be to accumulate revenue withheld by or paid to the county under	10046
this section for the payment of any expense related to the duties	10047
of the board of elections specified in section 3501.11 of the	10048
Revised Code, upon approval of a majority of the members of the	10049
board of elections. The fund shall not accumulate any revenue	10050
withheld by or paid to the county under this section for the	10051
compensation of the members of the board of elections or of the	10052
director, deputy director, or other regular employees in the	10053
board's offices, other than compensation for overtime worked.	10054

~~Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the~~	10055
~~Revised Code, the~~The board of county commissioners may, by	10056
resolution, ~~transfer~~appropriate money to the elections revenue	10057
fund from any other fund of the ~~political subdivision~~county from	10058
which such ~~payments~~appropriation lawfully may be made. ~~Following~~	10059
~~an affirmative vote of a majority of the members of the board of~~	10060
~~elections, the board of county commissioners may, by resolution,~~	10061
~~rescind an elections revenue fund established under this~~	10062
~~division. If an elections revenue fund is rescinded, money that~~	10063
~~has accumulated in the fund shall be transferred to the county~~	10064
~~general fund.~~	10065

~~(J)~~(2) The board of county commissioners may, by resolution,	10066
establish an elections capital improvement fund. The board of	10067
county commissioners may, by resolution, appropriate money to the	10068
fund from any other fund of the county from which such	10069
appropriations lawfully may be made. Except as otherwise provided	10070
in this division, the purpose of the fund shall be to accumulate	10071
revenue withheld by or paid to the county under this section for	10072
payment of a flat depreciation fee, which funds shall be	10073
accumulated for the purchase of new equipment necessary to prepare	10074
for or administer an election, upon approval of a majority of the	10075
members of the board of elections and subsequent appropriation by	10076
the board of county commissioners. If the board of county	10077
commissioners establishes an elections capital improvement fund,	10078
the board of county commissioners may transfer from the elections	10079
revenue fund to the elections capital improvement fund any amount	10080
deposited into the elections revenue fund as a result of the state	10081
or a political subdivision paying a flat depreciation fee in	10082
accordance with division (I) of this section.	10083

Following an affirmative vote of a majority of the members of	10084
the board of elections, the board of county commissioners may, by	10085
resolution, rescind an elections capital improvement fund	10086
established under this division. If an elections capital	10087
improvement fund is rescinded, money that has accumulated in the	10088
fund shall be transferred to the county general fund.	10089

(3) At the end of each fiscal year, the board of county	10090
commissioners shall do one of the following with any remaining	10091
unencumbered moneys in the elections revenue fund:	10092

(a) Transfer those moneys to the county general revenue fund;	10093
or	10094

(b) Transfer those moneys to the elections capital	10095
improvement fund, if one has been established under division	10096
(J)(2) of this section.	10097

(4) Transfers made pursuant to division (J) of this section	10098
are not subject to section 5705.14, 5705.15, or 5705.16 of the	10099
Revised Code.	10100

(K)(1) Not less than fifteen business days before the	10101
deadline for submitting a question or issue for placement on the	10102
ballot at a special election, the board of elections shall prepare	10103
and file with the board of county commissioners and the office of	10104
the secretary of state the estimated cost, based on the factors	10105
enumerated in this section, for preparing for and conducting an	10106
election on one question or issue, one nomination for office, or	10107
one election to office in each precinct in the county at that	10108
special election and shall divide that cost by the number of	10109
registered voters in the county.	10110

(2) The board of elections shall provide to a political	10111
subdivision seeking to submit a question or issue, a nomination	10112
for office, or an election to office for placement on the ballot	10113
at a special election with the estimated cost for preparing for	10114
and conducting that election, which shall be calculated by	10115
multiplying the number of registered voters in the political	10116
subdivision with the cost calculated under division (K)(1) of this	10117
section. A political subdivision submitting a question or issue, a	10118
nomination for office, or an election to office for placement on	10119
the ballot at that special election shall pay to the county	10120
elections revenue fund sixty-five per cent of the estimated cost	10121
of the election not less than ten business days after the deadline	10122
for submitting a question or issue for placement on the ballot for	10123
that special election.	10124

(3) Not later than sixty days after the date of a special	10125
election, the board of elections shall provide to each political	10126
subdivision the true and accurate cost for the question or issue,	10127
nomination for office, or election to office that the subdivision	10128
submitted to the voters on the special election ballots. If the	10129
board of elections determines that a subdivision paid less for the	10130
cost of preparing and conducting a special election under division	10131
(K)(2) of this section than the actual cost calculated under this	10132
division, the subdivision shall remit to the county elections	10133
revenue fund the difference between the payment made under	10134
division (K)(2) of this section and the final cost calculated	10135
under this division within thirty days after being notified of the	10136
final cost. If the board of elections determines that a	10137
subdivision paid more for the cost of preparing and conducting a	10138
special election under division (K)(2) of this section than the	10139
actual cost calculated under this division, the board of elections	10140
promptly shall notify the board of county commissioners of that	10141
difference. The board of county commissioners shall remit from the	10142
county elections revenue fund to the political subdivision the	10143
difference between the payment made under division (K)(2) of this	10144
section and the final cost calculated under this division within	10145
thirty days after receiving that notification.	10146

(L) As used in this section:

10147

(1) "Political subdivision" and "subdivision" mean any board	10148
of county commissioners, board of township trustees, legislative	10149
authority of a municipal corporation, board of education, or any	10150
other board, commission, district, or authority that is empowered	10151
to levy taxes or permitted to receive the proceeds of a tax levy,	10152
regardless of whether the entity receives tax settlement moneys as	10153
described in division (A) of this section;	10154

(2) "Statewide ballot issue" means any ballot issue, whether	10155
proposed by the general assembly or by initiative or referendum,	10156
that is submitted to the voters throughout the state.	10157

Sec. 3501.18. (A) The board of elections may divide a	10158
political subdivision within its jurisdiction into precincts,	10159
establish, define, divide, rearrange, and combine the several	10160
election precincts within its jurisdiction, ~~and~~or change the	10161
location of the polling place for each precinct when it is	10162
necessary to maintain the requirements as to the number of voters	10163
in a precinct and to provide for the convenience of the voters	10164
and the proper conduct of elections. Any change in the number of	10165
precincts or in precinct boundaries shall be made in accordance	10166
with any rules the secretary of state may adopt under Chapter 119.	10167
of the Revised Code and, if applicable, division (C) of this	10168
section. No change in the number of precincts or in precinct	10169
boundaries shall be made during the twenty-five days immediately	10170
preceding a primary or general election or between the first day	10171
of January and the day on which the members of county central	10172
committees are elected in the years in which those committees are	10173
elected. Except as otherwise provided in division (C) of this	10174
section, each precinct shall contain a number of electors, not to	10175
exceed one thousand four hundred, that the board of elections	10176
determines to be a reasonable number after taking into	10177
consideration the type and amount of available equipment, prior	10178
voter turnout, the size and location of each selected polling	10179
place, available parking, availability of an adequate number of	10180
poll workers, and handicap accessibility and other accessibility	10181
to the polling place.	10182

If the board changes the boundaries of a precinct after the	10183
filing of a local option election petition pursuant to sections	10184
4301.32 to 4301.41, 4303.29, or 4305.14 of the Revised Code that	10185
calls for a local option election to be held in that precinct, the	10186
local option election shall be held in the area that constituted	10187
the precinct at the time the local option petition was filed,	10188
regardless of the change in the boundaries.	10189

If the board changes the boundaries of a precinct in order to	10190
meet the requirements of division (B)(1) of this section in a	10191
manner that causes a member of a county central committee to no	10192
longer qualify as a representative of an election precinct in the	10193
county, of a ward of a city in the county, or of a township in the	10194
county, the member shall continue to represent the precinct, ward,	10195
or township for the remainder of the member's term, regardless of	10196
the change in boundaries.	10197

In an emergency, the board may provide more than one polling	10198
place in a precinct. In order to provide for the convenience of	10199
the voters, the board may locate polling places for voting or	10200
registration outside the boundaries of precincts, provided that	10201
the nearest public school or public building shall be used if the	10202
board determines it to be available and suitable for use as a	10203
polling place. Except in an emergency, no change in the number or	10204
location of the polling places in a precinct shall be made during	10205
the twenty-five days immediately preceding a primary or general	10206
election.	10207

Electors who have failed to respond within thirty days to any	10208
confirmation notice shall not be counted in determining the size	10209
of any precinct under this section.	10210

(B)(1) Except as otherwise provided in division (B)(2) of	10211
this section, a board of elections shall ~~determine~~set all	10212
precinct boundaries using geographical units used by the United	10213
States department of commerce, bureau of the census, in reporting	10214
the decennial census of Ohio.	10215

(2) The board of elections may apply to the secretary of	10216
state for a waiver from the requirement of division (B)(1) of this	10217
section ~~when~~if it is not feasible to comply with that requirement	10218
because of unusual physical boundaries or residential development	10219
practices that would cause unusual hardship for voters. The board	10220
shall identify the affected precincts and census units, explain	10221
the reason for the waiver request, and include a map illustrating	10222
where the census units will be split because of the requested	10223
waiver. If the secretary of state approves the waiver and so	10224
notifies the board of elections in writing, the board may change	10225
a precinct boundary as necessary under this section,	10226
notwithstanding the requirement in division (B)(1) of this	10227
section.	10228

(C) The board of elections may apply to the secretary of	10229
state for a waiver from the requirement of division (A) of this	10230
section regarding the number of electors in a precinct when the	10231
use of geographical units used by the United States department of	10232
commerce, bureau of the census, will cause a precinct to contain	10233
more than one thousand four hundred electors. The board shall	10234
identify the affected precincts and census units, explain the	10235
reason for the waiver request, and include a map illustrating	10236
where census units will be split because of the requested waiver.	10237
If the secretary of state approves the waiver and so notifies the	10238
board of elections in writing, the board may change a precinct	10239
boundary as necessary to meet the requirements of division (B)(1)	10240
of this section.	10241

Sec. 3501.21. When the board of elections ~~considers it~~	10242
~~necessary to change, divide, or combine~~changes, divides, or	10243
combines any precinct or ~~to relocate~~relocates a polling place in	10244
accordance with section 3501.18 of the Revised Code, it shall	10245
notify, prior to the next election, each of the registrants in the	10246
precinct of the change by mail. ~~On and after August 1, 2000, when~~	10247
Within five days after the board approves changes to the	10248
boundaries of any precinct or relocation of a polling place, it	10249
shall notify the secretary of state of the change ~~not later than~~	10250
~~forty-five days after making the change~~.	10251

Sec. 3501.22. (A) On or before the fifteenth day of	10252
September in each year, the board of elections by a majority vote	10253
shall, after careful examination and investigation as to their	10254
qualifications, appoint for each election precinct four residents	10255
of the county in which the precinct is located, as judges. Except	10256
as otherwise provided in division (C) of this section, all	10257
judges of election shall be qualified electors. The judges shall	10258
constitute the election officers of the precinct. Not more than	10259
one-half of the total number of judges shall be members of the	10260
same political party. The term of such precinct officers shall be	10261
for one year. The board may, at any time, designate any number of	10262
election officers, not more than one-half of whom shall be members	10263
of the same political party, to perform their duties at any	10264
precinct in any election. The board may appoint additional	10265
~~officials, equally divided between the two major political~~	10266
~~parties,~~judges when necessary to expedite voting, but such	10267
appointments shall not, when taken together with regular judges,	10268
allow more than one-half of the total number of judges to be	10269
members of the same political party.	10270

Vacancies for unexpired terms shall be filled by the board.	10271
When new precincts have been created, the board shall appoint	10272
judges for those precincts for the unexpired term. Any judge may	10273
be summarily removed from office at any time by the board for	10274
neglect of duty, malfeasance, or misconduct in office or for any	10275
other good and sufficient reason.	10276

Precinct election officials shall perform all of the duties	10277
provided by law for receiving the ballots and supplies, opening	10278
and closing the polls, and overseeing the casting of ballots	10279
during the time the polls are open, and any other duties required	10280
by section 3501.26 of the Revised Code.	10281

A board of elections may designate two precinct election	10282
officials as counting officials to count and tally the votes cast	10283
and certify the results of the election at each precinct, and	10284
perform other duties as provided by law. To expedite the counting	10285
of votes at each precinct, the board may appoint additional	10286
officials, not more than one-half of whom shall be members of the	10287
same political party.	10288

The board shall designate one of the precinct election	10289
officials who is a member of the dominant political party to serve	10290
as a presiding judge, whose duty it is to deliver the returns of	10291
the election and all supplies to the office of the board. For	10292
these services, the presiding judge shall receive additional	10293
compensation in an amount, consistent with section 3501.28 of the	10294
Revised Code, determined by the board of elections.	10295

The board shall issue to each precinct election official a	10296
certificate of appointment, which the official shall present to	10297
the presiding judge at the time the polls are opened.	10298

(B) If the board of elections determines that not enough	10299
qualified electors in a precinct are available to serve as	10300
precinct officers, it may appoint persons to serve as precinct	10301
officers at a primary, special, or general election who are at	10302
least seventeen years of age and are registered to vote in	10303
accordance with section 3503.07 of the Revised Code.	10304

(C)(1) A board of elections, in conjunction with the board	10305
of education of a city, local, or exempted village school	10306
district, the governing authority of a community school	10307
established under Chapter 3314. of the Revised Code, or the chief	10308
administrator of a nonpublic school may establish a program	10309
permitting certain high school students to apply and, if appointed	10310
by the board of elections, to serve as precinct officers at a	10311
primary, special, or general election.	10312

In addition to the requirements established by division	10313
(C)(2) of this section, a board of education, governing	10314
authority, or chief administrator that establishes a program under	10315
this division in conjunction with a board of elections may	10316
establish additional criteria that students shall meet to be	10317
eligible to participate in that program.	10318

(2)(a) To be eligible to participate in a program established	10319
under division (C)(1) of this section, a student shall be a	10320
United States citizen, a resident of the county, at least	10321
seventeen years of age, and enrolled in the senior year of high	10322
school.	10323

(b) Any student applying to participate in a program	10324
established under division (C)(1) of this section, as part of the	10325
student's application process, shall declare the student's	10326
political party affiliation with the board of elections.	10327

(3) No student appointed as a precinct officer pursuant to a	10328
program established under division (C)(1) of this section shall	10329
be designated as a presiding judge.	10330

(4) Any student participating in a program established under	10331
division (C)(1) of this section shall be excused for that	10332
student's absence from school on the day of an election at which	10333
the student is serving as a precinct officer.	10334

(D) In any precinct with six or more precinct officers, up	10335
to two students participating in a program established under	10336
division (C)(1) of this section who are under eighteen years of	10337
age may serve as precinct officers. Not more than one precinct	10338
officer in any given precinct with fewer than six precinct	10339
officers shall be under eighteen years of age.	10340

(E)(1) Each board of elections shall adopt a policy to either	10341
allow or disallow split shift schedules for any person, other than	10342
the presiding judge, who is compensated for working at a precinct	10343
polling location or a location for the casting of absent voter's	10344
ballots in person. If the board of elections allows split shifts,	10345
the board shall adopt a policy to do both of the following:	10346

(a) Ensure that an adequate number of precinct officers are	10347
in each precinct;	10348

(b) Address inadequate numbers of precinct officers in any	10349
precinct due to the failure of split-shift precinct officers to	10350
arrive for their scheduled shifts.	10351

(2) Each portion of a split shift shall consist of not less	10352
than one-third nor more than two-thirds of the hours of work	10353
required for a precinct officer's full shift and such hours shall	10354
be worked consecutively. A precinct officer completing a split	10355
shift shall be paid a percentage, based on the number of hours	10356
worked in relation to a precinct officer's full shift, of the	10357
per-day compensation provided for in section 3501.28 of the	10358
Revised Code.	10359

Sec. 3501.38. All declarations of candidacy, nominating	10360
petitions, or other petitions presented to or filed with the	10361
secretary of state or a board of elections or with any other	10362
public office for the purpose of becoming a candidate for any	10363
nomination or office or for the holding of an election on any	10364
issue shall, in addition to meeting the other specific	10365
requirements prescribed in the sections of the Revised Code	10366
relating to them, be governed by the following rules:	10367

(A) Only electors qualified to vote a regular ballot on the	10368
candidacy or issue which is the subject of the petition shall	10369
sign a petition. Each signer shall be a registered elector	10370
pursuant to section 3503.11 of the Revised Code. The facts of	10371
qualification shall be determined as of the date when the petition	10372
is filed.	10373

(B) Signatures shall be affixed in ink. Each signer may also	10374
print the signer's name, so as to clearly identify the signer's	10375
signature.	10376

(C) Each signer shall place on the petition after the	10377
signer's name the date of signing and the location of the signer's	10378
voting residence, including the street and number if in a	10379
municipal corporation or the rural route number, post office	10380
address, or township if outside a municipal corporation. The	10381
voting address given on the petition shall be the address	10382
appearing in the registration records at the board of elections.	10383

(D) Except as otherwise provided in section 3501.382 of the	10384
Revised Code, no person shall write any name other than the	10385
person's own on any petition. Except as otherwise provided in	10386
section 3501.382 of the Revised Code, no person may authorize	10387
another to sign for the person. If a petition contains the	10388
signature of an elector two or more times, only the first	10389
signature shall be counted.	10390

(E)~~(1)~~ On each petition paper, the circulator shall indicate	10391
the number of signatures contained on it, and shall sign a	10392
statement made under penalty of election falsification that the	10393
circulator witnessed the affixing of every signature, that all	10394
signers were to the best of the circulator's knowledge and belief	10395
qualified to sign, and that every signature is to the best of the	10396
circulator's knowledge and belief the signature of the person	10397
whose signature it purports to be or of an attorney in fact acting	10398
pursuant to section 3501.382 of the Revised Code. On the	10399
circulator's statement for a ~~declaration of candidacy or~~	10400
~~nominating petition for a person seeking to become a statewide~~	10401
~~candidate or for a statewide initiative or a statewide referendum~~	10402
petition paper, the circulator shall identify the circulator's	10403
name, the address of the circulator's permanent residence, and the	10404
name and address of the person employing the circulator to	10405
circulate the petition, if any.	10406

~~(2) As used in division (E) of this section, "statewide~~	10407
~~candidate" means the joint candidates for the offices of governor~~	10408
~~and lieutenant governor or a candidate for the office of secretary~~	10409
~~of state, auditor of state, treasurer of state, or attorney~~	10410
~~general.~~	10411

(F) Except as otherwise provided in section 3501.382 of the	10412
Revised Code, if a circulator knowingly permits an unqualified	10413
person to sign a petition paper or permits a person to write a	10414
name other than the person's own on a petition paper, that	10415
petition paper is invalid; otherwise, the signature of a person	10416
not qualified to sign shall be rejected but shall not invalidate	10417
the other valid signatures on the paper.	10418

(G) The circulator of a petition may, before filing it in a	10419
public office, strike from it any signature the circulator does	10420
not wish to present as a part of the petition.	10421

(H) Any signer of a petition or an attorney in fact acting	10422
pursuant to section 3501.382 of the Revised Code on behalf of a	10423
signer may remove the signer's signature from that petition at any	10424
time before the petition is filed in a public office by striking	10425
the signer's name from the petition; no signature may be removed	10426
after the petition is filed in any public office.	10427

(I)(1) No alterations, corrections, or additions may be made	10428
to a petition after it is filed in a public office.	10429

(2)(a) No declaration of candidacy, nominating petition, or	10430
other petition for the purpose of becoming a candidate may be	10431
withdrawn after it is filed in a public office. Nothing in this	10432
division prohibits a person from withdrawing as a candidate as	10433
otherwise provided by law.	10434

(b) No petition presented to or filed with the secretary of	10435
state, a board of elections, or any other public office for the	10436
purpose of the holding of an election on any question or issue may	10437
be resubmitted after it is withdrawn from a public office. Nothing	10438
in this division prevents a question or issue petition from being	10439
withdrawn by the filing of a written notice of the withdrawal by a	10440
majority of the members of the petitioning committee with the same	10441
public office with which the petition was filed prior to the	10442
sixtieth day before the election at which the question or issue is	10443
scheduled to appear on the ballot.	10444

(J) All declarations of candidacy, nominating petitions, or	10445
other petitions under this section shall be accompanied by the	10446
following statement in boldface capital letters: WHOEVER COMMITS	10447
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	10448

(K) All separate petition papers shall be filed at the same	10449
time, as one instrument.	10450

(L) If a board of elections distributes for use a petition	10451
form for a declaration of candidacy, nominating petition, or any	10452
type of question or issue petition that does not satisfy the	10453
requirements of law as of the date of that distribution, the board	10454
shall not invalidate the petition on the basis that the petition	10455
form does not satisfy the requirements of law, if the petition	10456
otherwise is valid. Division (L) of this section applies only if	10457
the candidate received the petition from the board within ninety	10458
days of when the petition is required to be filed.	10459

Sec. 3501.39. (A) The secretary of state or a board of	10460
elections shall accept any petition described in section 3501.38	10461
of the Revised Code unless one of the following occurs:	10462

(1) A written protest against the petition or candidacy,	10463
naming specific objections, is filed, a hearing is held, and a	10464
determination is made by the election officials with whom the	10465
protest is filed that the petition is invalid, in accordance with	10466
any section of the Revised Code providing a protest procedure.	10467

(2) A written protest against the petition or candidacy,	10468
naming specific objections, is filed, a hearing is held, and a	10469
determination is made by the election officials with whom the	10470
protest is filed that the petition violates any requirement	10471
established by law.	10472

(3) The candidate's candidacy or the petition violates the	10473
requirements of this chapter, Chapter 3513. of the Revised Code,	10474
or any other requirements established by law.	10475

(B) Except as otherwise provided in division (C) of this	10476
section or section 3513.052 of the Revised Code, a board of	10477
elections shall not invalidate any declaration of candidacy or	10478
nominating petition under division (A)(3) of this section after	10479
the ~~fiftieth~~sixtieth day prior to the election at which the	10480
candidate seeks nomination to office, if the candidate filed a	10481
declaration of candidacy, or election to office, if the candidate	10482
filed a nominating petition.	10483

(C)(1) If a petition is filed for the nomination or election	10484
of a candidate in a charter municipal corporation with a filing	10485
deadline that occurs after the ~~seventy-fifth~~eighty-fifth day	10486
before the day of the election, a board of elections may	10487
invalidate the petition within fifteen days after the date of that	10488
filing deadline.	10489

(2) If a petition for the nomination or election of a	10490
candidate is invalidated under division (C)(1) of this section,	10491
that person's name shall not appear on the ballots for any office	10492
for which the person's petition has been invalidated. If the	10493
ballots have already been prepared, the board of elections shall	10494
remove the name of that person from the ballots to the extent	10495
practicable in the time remaining before the election. If the name	10496
is not removed from the ballots before the day of the election,	10497
the votes for that person are void and shall not be counted.	10498

Sec. 3501.40. (A) The secretary of state shall adopt rules	10499
specifying the manner in which elections shall be conducted in	10500
this state in the event of an emergency.	10501

(B)(1) Not later than December 31, 2011, each board of	10502
elections shall establish and submit to the secretary of state an	10503
emergency preparedness plan for the conduct of elections in the	10504
applicable county. A board of elections shall review its plan and	10505
submit an updated plan to the secretary of state at the	10506
commencement of each new term of office of the secretary of state.	10507

(2) The secretary of state shall establish, by rule, the form	10508
and content of emergency preparedness plans required to be	10509
submitted by a board of elections under division (B)(1) of this	10510
section.	10511

(C) As used in this section, "emergency" means any period	10512
during which the governor has declared or proclaimed that an	10513
emergency exists.	10514

Sec. 3501.90. (A) As used in this section:

10515

(1) "Harassment in violation of the election law" means	10516
either of the following:	10517

(a) Any of the following types of conduct in or about a	10518
polling place or, a place of registration or election, or a place	10519
where an elector is casting an absent voter's ballot: obstructing	10520
access of an elector to a polling place; another improper practice	10521
or attempt tending to obstruct, intimidate, or interfere with an	10522
elector in registering or voting at a place of registration or	10523
election; molesting or otherwise engaging in violence against	10524
observers in the performance of their duties at a place of	10525
registration or election; or participating in a riot, violence,	10526
tumult, or disorder in and about a place of registration or	10527
election;	10528

(b) A violation of division (A)(1), (2), (3), or (5) or	10529
division (B) of section 3501.35 of the Revised Code.	10530

(2) "Person" has the same meaning as in division (C) of	10531
section 1.59 of the Revised Code and also includes any	10532
organization that is not otherwise covered by that division.	10533

(3) "Trier of fact" means the jury or, in a nonjury action,	10534
the court.	10535

(B) An elector who has experienced harassment in violation of	10536
the election law has a cause of action against each person that	10537
committed the harassment in violation of the election law. In any	10538
civil action based on this cause of action, the elector may seek a	10539
declaratory judgment, an injunction, or other appropriate	10540
equitable relief. The civil action may be commenced by an elector	10541
who has experienced harassment in violation of the election law	10542
either alone or as a party to a class action under Civil Rule 23.	10543

(C)(1) In addition to the equitable relief authorized by	10544
division (B) of this section, an elector who has experienced	10545
harassment in violation of the election law may be entitled to	10546
relief under division (C)(2) or (3) of this section.	10547

(2) If the harassment in violation of the election law	10548
involved intentional or reckless threatening or causing of bodily	10549
harm to the elector while the elector was attempting to register	10550
to vote, to obtain an absent voter's ballot, or to vote, the	10551
elector may seek, in a civil action based on the cause of action	10552
created by division (B) of this section, monetary damages as	10553
prescribed in this division. The civil action may be commenced by	10554
the elector who has experienced harassment in violation of the	10555
election law either alone or as a party to a class action under	10556
Civil Rule 23. Upon proof by a preponderance of the evidence in	10557
the civil action that the harassment in violation of the election	10558
law involved intentional or reckless threatening or causing of	10559
bodily harm to the elector, the trier of fact shall award the	10560
elector the greater of three times of the amount of the elector's	10561
actual damages or one thousand dollars. The court also shall award	10562
a prevailing elector reasonable attorney's fees and court costs.	10563

(3) Whether a civil action on the cause of action created by	10564
division (B) of this section is commenced by an elector who has	10565
experienced harassment in violation of the election law alone or	10566
as a party to a class action under Civil Rule 23, if the defendant	10567
in the action is an organization that has previously been	10568
determined in a court of this state to have engaged in harassment	10569
in violation of the election law, the elector may seek an order of	10570
the court granting any of the following forms of relief upon proof	10571
by a preponderance of the evidence:	10572

(a) Divestiture of the organization's interest in any	10573
enterprise or in any real property;	10574

(b) Reasonable restrictions upon the future activities or	10575
investments of the organization, including, but not limited to,	10576
prohibiting the organization from engaging in any harassment in	10577
violation of the election law;	10578

10579

(d) The suspension or revocation of any license, permit, or	10580
prior approval granted to the organization by any state agency;	10581

(e) The revocation of the organization's authorization to do	10582
business in this state if the organization is a foreign	10583
corporation or other form of foreign entity.	10584

(D) It shall not be a defense in a civil action based on the	10585
cause of action created by division (B) of this section, whether	10586
commenced by an elector who has experienced harassment in	10587
violation of the election law alone or as a party to a class	10588
action under Civil Rule 23, that no criminal prosecution was	10589
commenced or conviction obtained in connection with the conduct	10590
alleged to be the basis of the civil action.	10591

(E) In a civil action based on the cause of action created by	10592
division (B) of this section, whether commenced by an elector who	10593
has experienced harassment in violation of the election law alone	10594
or as a party to a class action under Civil Rule 23, the elector	10595
may name as defendants each individual who engaged in conduct	10596
constituting harassment in violation of the election law as well	10597
as any person that employs, sponsors, or uses as an agent any such	10598
individual or that has organized a common scheme to cause	10599
harassment in violation of the election law.	10600

(F) A board of elections shall place on all absent voter's	10601
materials a telephone number through which a voter may report	10602
alleged harassment in violation of the election law.	10603

Sec. 3503.01. (A) Every citizen of the United States who is	10604
of the age of eighteen years or over ~~and~~, who ~~has~~will have been a	10605
resident of the state for thirty days immediately preceding the	10606
day of an election ~~at which the citizen offers to vote~~, who is a	10607
resident of the county ~~and precinct~~ in which the citizen offers	10608
to vote, and ~~has~~who will have been registered to vote for	10609
thirty days by the day of an election, has the qualifications of	10610
an elector and may vote at all elections in the precinct in	10611
which the citizen resides.	10612

(B) When only a portion of a precinct is included within the	10613
boundaries of an election district, the board of elections may	10614
assign the electors residing in such portion of a precinct to the	10615
nearest precinct or portion of a precinct within the boundaries	10616
of such election district for the purpose of voting at any	10617
special election held in such district. In any election in which	10618
only a part of the electors in a precinct is qualified to vote,	10619
the board may assign voters in such part to an adjoining	10620
precinct. Such assignment may be made to an adjoining precinct	10621
in another county with the consent and approval of the board of	10622
elections of such other county if the number of voters assigned	10623
to vote in a precinct in another county is two hundred or less.	10624

The board shall notify all such electors so assigned, at	10625
least ten days prior to the holding of any such election, of the	10626
location of the polling place where they are entitled to vote at	10627
such election.	10628

As used in division (B) of this section, "election district"	10629
means a school district, municipal corporation, township, or other	10630
political subdivision that includes territory in more than one	10631
precinct or any other district or authority that includes	10632
territory in more than one precinct and that is authorized by law	10633
to place an issue on the ballot at a special election.	10634

Sec. 3503.04. Persons who are inmates of a public or private	10635
institution who are citizens of the United States and have resided	10636
in this state thirty days immediately preceding the election, and	10637
who are otherwise qualified as to age ~~and residence within the~~	10638
~~county~~ shall ~~have their lawful residence in the county, city,~~	10639
~~village and township in which said~~be permitted to register to	10640
vote at the address of that institution ~~is located~~ provided, that	10641
the lawful residence of a qualified elector who is an inmate in	10642
such an institution for a temporary ~~treatment~~purpose only, shall	10643
be the residence from which hethe elector entered such	10644
institution.	10645

For the purpose of this section, "a temporary purpose" means	10646
remaining an inmate of a public or private institution for less	10647
than ninety days.	10648

Sec. 3503.06. (A) No person shall be entitled to vote at any	10649
election, ~~or to sign or circulate any declaration of candidacy or~~	10650
~~any nominating, or recall petition,~~ unless the person is	10651
registered as an elector and will have resided in the county ~~and~~	10652
~~precinct~~ where the person is registered for at least thirty days	10653
at the time of the next election.	10654

(B)~~(1)~~No person shall be entitled to sign any petition,	10655
unless the person is registered as an elector and resides in a	10656
precinct in which the candidacy or issue that is the subject of	10657
the petition will appear on the ballot.	10658

(C) No person shall be entitled to circulate any ~~initiative~~	10659
~~or referendum~~ petition unless the person is ~~a resident of this~~	10660
~~state~~at least eighteen years of age.	10661

~~(2) All election officials, in determining the residence of a~~	10662
~~person circulating a petition under division (B)(1) of this~~	10663
~~section, shall be governed by the following rules:~~	10664

~~(a) That place shall be considered the residence of a person~~	10665
~~in which the person's habitation is fixed and to which, whenever~~	10666
~~the person is absent, the person has the intention of returning.~~	10667

~~(b) A person shall not be considered to have lost the~~	10668
~~person's residence who leaves the person's home and goes into~~	10669
~~another state for temporary purposes only, with the intention of~~	10670
~~returning.~~	10671

~~(c) A person shall not be considered to have gained a~~	10672
~~residence in any county of this state into which the person comes~~	10673
~~for temporary purposes only, without the intention of making that~~	10674
~~county the permanent place of abode.~~	10675

~~(d) If a person removes to another state with the intention~~	10676
~~of making that state the person's residence, the person shall be~~	10677
~~considered to have lost the person's residence in this state.~~	10678

~~(e) Except as otherwise provided in division (B)(2)(f) of~~	10679
~~this section, if a person removes from this state and continuously~~	10680
~~resides outside this state for a period of four years or more, the~~	10681
~~person shall be considered to have lost the person's residence in~~	10682
~~this state, notwithstanding the fact that the person may entertain~~	10683
~~an intention to return at some future period.~~	10684

~~(f) If a person removes from this state to engage in the~~	10685
~~services of the United States government, the person shall not be~~	10686
~~considered to have lost the person's residence in this state~~	10687
~~during the period of that service, and likewise should the person~~	10688
~~enter the employment of the state, the place where that person~~	10689
~~resided at the time of the person's removal shall be considered to~~	10690
~~be the person's place of residence.~~	10691

~~(g) If a person goes into another state and, while there,~~	10692
~~exercises the right of a citizen by voting, the person shall be~~	10693
~~considered to have lost the person's residence in this state.~~	10694

~~(C) No person shall be entitled to sign any initiative or~~	10695
~~referendum petition unless the person is registered as an elector~~	10696
~~and will have resided in the county and precinct where the person~~	10697
~~is registered for at least thirty days at the time of the next~~	10698
~~election.~~	10699

Sec. 3503.10. (A) ~~Each designated agency shall designate~~The	10700
secretary of state shall be the chief elections official who	10701
coordinates Ohio's responsibilities under section 7 of the	10702
National Voter Registration Act of 1993. To fulfill that	10703
responsibility, not later than one hundred twenty days after the	10704
effective date of this amendment or not later than one hundred	10705
twenty days after an agency is determined to be a designated	10706
agency in accordance with division (X) of section 3501.01 of the	10707
Revised Code, the secretary of state shall enter into a	10708
memorandum of understanding with the head of the state agency	10709
with supervisory authority over each designated agency for the	10710
purpose of prescribing a general program for registering voters	10711
or updating voter registration information, such as name and	10712
residence changes, consistent with the National Voter	10713
Registration Act of 1993. The secretary of state and the head of	10714
each applicable state agency shall enter into a new memorandum of	10715
understanding for the purpose of complying with section 7 of the	10716
National Voter Registration Act of 1993 every four years	10717
thereafter beginning on December 1, 2011.	10718

The head of the agency with supervisory authority over each	10719
designated agency shall agree that the state agency and any agency	10720
under its authority shall do all of the following, at a minimum,	10721
in the memorandum of understanding that it enters into with the	10722
secretary of state under this section:	10723

(1) Affirm its agreement to comply with the requirements of	10724
the National Voter Registration Act of 1993;	10725

(2) Create and submit, within ninety days after the agency	10726
and the secretary of state enter into the memorandum of	10727
understanding, an agency plan for implementing the general program	10728
for registering voters or updating voter registration information	10729
prescribed by the secretary of state; transmit that plan and any	10730
subsequent amendments to the secretary of state within five	10731
business days after the plan is approved by the head of the	10732
agency; post the plan on the agency's web site, if available, and	10733
at the agency's office; and update the plan within ninety days	10734
after entering into any future memorandum of understanding or	10735
whenever the agency considers such an update to be necessary;	10736

(3) Implement the general program for registering voters or	10737
updating voter registration information prescribed by the	10738
secretary of state and agree that the secretary of state may	10739
administer oaths, issue subpoenas, summon witnesses, compel the	10740
production of books, papers, records, and other evidence, and fix	10741
the time and place for hearing any matters relating to the	10742
administration and enforcement of this chapter and the memorandum	10743
of understanding;	10744

(4) Designate one person within that agency to serve as	10745
coordinator for the voter registration program within the agency	10746
and its departments, divisions, and programs. The designated	10747
person shall be trained under a program designed by the secretary	10748
of state and shall be responsible for administering all aspects	10749
of the voter registration program for that agency as prescribed	10750
by the secretary of state. The designated person shall receive no	10751
additional compensation for performing such duties.	10752

(5) Prominently place signs, prescribed by the secretary of	10753
state, in all designated agency offices alerting clients that they	10754
must be offered the opportunity to register to vote or to update	10755
their voter registration;	10756

(6) Beginning within one hundred eighty days after the	10757
effective date of the initial memorandum of understanding, report	10758
quarterly to the secretary of state all of the following:	10759

(a) The number of new registrations received by the agency	10760
during the previous quarter;	10761

(b) The number of updated registrations received by the	10762
agency during the previous quarter; and	10763

(c) The total number of clients served by the agency during	10764
the previous quarter.	10765

(7) Allow an individual to register a complaint to either the	10766
designated agency or, if available, to a central complaint hotline	10767
about an agency's failure to offer to clients the opportunity to	10768
register to vote or update their voter registrations;	10769

(8) Agree that the secretary of state has the authority to	10770
initiate a mandamus action before the supreme court if the	10771
agency does not correct any deficiency in compliance with this	10772
chapter or the memorandum of understanding within forty-five	10773
days after receiving written notice of the deficiency from the	10774
secretary of state;	10775

(9) Provide electronic registration updates to the secretary	10776
of state, if applicable, upon request.	10777

Not later than sixty days after the effective date of this	10778
amendment, the secretary of state shall provide to each designated	10779
agency such information as may be necessary for the agency to	10780
comply with the provisions required to be included in the	10781
memorandum of understanding entered into under this section,	10782
including, but not limited to, prescribed forms and signs,	10783
guidance for submitting required reports, and guidance for	10784
processing complaints.	10785

(B) Every designated agency, public high school and	10786
vocational school, public library, and office of a county	10787
treasurer shall provide in each of its offices or locations voter	10788
registration applications and assistance in the registration of	10789
persons qualified to register to vote, in accordance with this	10790
chapter.	10791

(C) Every designated agency shall distribute to its	10792
applicants, prior to or in conjunction with distributing a voter	10793
registration application, a form prescribed by the secretary of	10794
state that includes all of the following:	10795

(1) The question, "~~Do you want~~If you are not registered to	10796
vote where you live now, would you like to apply to register to	10797
vote ~~or update your current voter registration~~here	10798
today?"--followed by boxes for the applicant to indicate whether	10799
the applicant would like to register or decline to register to	10800
vote, and the statement, highlighted in bold print, "If you do not	10801
check either box, you will be considered to have decided not to	10802
register to vote at this time.";	10803

(2) If the agency provides public assistance, the statement,	10804
"Applying to register or declining to register to vote will not	10805
affect the amount of assistance that you will be provided by this	10806
agency.";	10807

(3) The statement, "If you would like help in filling out the	10808
voter registration application form, we will help you. The	10809
decision whether to seek or accept help is yours. You may fill out	10810
the application form in private.";	10811

(4) The statement, "If you believe that someone has	10812
interfered with your right to register or to decline to register	10813
to vote, your right to privacy in deciding whether to register or	10814
in applying to register to vote, or your right to choose your own	10815
political party or other political preference, you may file a	10816
complaint with the prosecuting attorney of your county or with the	10817
secretary of state," with the address and telephone number for	10818
each such official's office.	10819

(D) Each designated agency shall distribute a voter	10820
registration form prescribed by the secretary of state to each	10821
applicant with each application for service or assistance, and	10822
with each written application or form for recertification,	10823
renewal, or change of address.	10824

(E) Each designated agency shall do all of the following:

10825

(1) Have employees trained to administer the voter	10826
registration program in order to provide to each applicant who	10827
wishes to register to vote and who accepts assistance, the same	10828
degree of assistance with regard to completion of the voter	10829
registration application as is provided by the agency with regard	10830
to the completion of its own form;	10831

(2) Accept completed voter registration applications, voter	10832
registration change of residence forms, and voter registration	10833
change of name forms, regardless of whether the application or	10834
form was distributed by the designated agency, for transmittal to	10835
the office of the board of elections in the county in which the	10836
agency is located. Each designated agency and the appropriate	10837
board of elections shall establish a method by which the voter	10838
registration applications and other voter registration forms are	10839
transmitted to that board of elections within five business days	10840
after being accepted by the agency.	10841

(3) If the designated agency is one that is primarily engaged	10842
in providing services to persons with disabilities under a	10843
state-funded program, and that agency provides services to a	10844
person with disabilities at a person's home, provide the services	10845
described in divisions (E)(1) and (2) of this section at the	10846
person's home;	10847

(4) Keep as confidential, except as required by the secretary	10848
of state for record-keeping purposes, the identity of an agency	10849
through which a person registered to vote or updated the person's	10850
voter registration records, and information relating to a	10851
declination to register to vote made in connection with a voter	10852
registration application issued by a designated agency.	10853

(F) The secretary of state shall prepare and transmit written	10854
instructions on the implementation of the voter registration	10855
program within each designated agency, public high school and	10856
vocational school, public library, and office of a county	10857
treasurer. The instructions shall include directions as follows:	10858

(1) That each person designated to assist with voter	10859
registration maintain strict neutrality with respect to a person's	10860
political philosophies, a person's right to register or decline to	10861
register, and any other matter that may influence a person's	10862
decision to register or not register to vote;	10863

(2) That each person designated to assist with voter	10864
registration not seek to influence a person's decision to register	10865
or not register to vote, not display or demonstrate any political	10866
preference or party allegiance, and not make any statement to a	10867
person or take any action the purpose or effect of which is to	10868
lead a person to believe that a decision to register or not	10869
register has any bearing on the availability of services or	10870
benefits offered, on the grade in a particular class in school, or	10871
on credit for a particular class in school;	10872

(3) Regarding when and how to assist a person in completing	10873
the voter registration application, what to do with the completed	10874
voter registration application or voter registration update form,	10875
and when the application must be transmitted to the appropriate	10876
board of elections;	10877

(4) Regarding what records must be kept by the agency and	10878
where and when those records should be transmitted to satisfy	10879
reporting requirements imposed on the secretary of state under the	10880
National Voter Registration Act of 1993;	10881

(5) Regarding whom to contact to obtain answers to questions	10882
about voter registration forms and procedures.	10883

(G) If the voter registration activity is part of an in-class	10884
voter registration program in a public high school or vocational	10885
school, whether prescribed by the secretary of state or	10886
independent of the secretary of state, the board of education	10887
shall do all of the following:	10888

(1) Establish a schedule of school days and hours during	10889
these days when the person designated to assist with voter	10890
registration shall provide voter registration assistance;	10891

(2) Designate a person to assist with voter registration from	10892
the public high school's or vocational school's staff;	10893

(3) Make voter registration applications and materials	10894
available, as outlined in the voter registration program	10895
established by the secretary of state pursuant to section 3501.05	10896
of the Revised Code;	10897

(4) Distribute the statement, "applying to register or	10898
declining to register to vote will not affect or be a condition of	10899
your receiving a particular grade in or credit for a school course	10900
or class, participating in a curricular or extracurricular	10901
activity, receiving a benefit or privilege, or participating in a	10902
program or activity otherwise available to pupils enrolled in this	10903
school district's schools.";	10904

(5) Establish a method by which the voter registration	10905
application and other voter registration forms are transmitted to	10906
the board of elections within five days after being accepted by	10907
the public high school or vocational school.	10908

(H) Any person employed by the designated agency, public high	10909
school or vocational school, public library, or office of a county	10910
treasurer may be designated to assist with voter registration	10911
pursuant to this section. The designated agency, public high	10912
school or vocational school, public library, or office of a county	10913
treasurer shall provide the designated person, and make available	10914
such space as may be necessary, without charge to the county or	10915
state.	10916

(I) The secretary of state shall prepare and ~~cause to be~~	10917
~~displayed~~designated agencies shall display in a prominent	10918
location in each designated agency a notice that identifies the	10919
person designated to assist with voter registration, the nature of	10920
that person's duties, and where and when that person is available	10921
for assisting in the registration of voters.	10922

A designated agency may furnish additional supplies and	10923
services to disseminate information to increase public awareness	10924
of the existence of a person designated to assist with voter	10925
registration in every designated agency.	10926

(J) This section does not limit any authority a board of	10927
education, superintendent, or principal has to allow, sponsor, or	10928
promote voluntary election registration programs within a high	10929
school or vocational school, including programs in which pupils	10930
serve as persons designated to assist with voter registration,	10931
provided that no pupil is required to participate.	10932

(K) Each public library and office of the county treasurer	10933
shall establish a method by which voter registration forms are	10934
transmitted to the board of elections within five days after being	10935
accepted by the public library or office of the county treasurer.	10936

(L) ~~The department of job and family services and its~~	10937
~~departments, divisions, and programs shall limit administration of~~	10938
~~the aspects of the voter registration program for the department~~	10939
~~to the requirements prescribed by the secretary of state and the~~	10940
~~requirements of this section and the National Voter Registration~~	10941
~~Act of 1993.~~(1) The secretary of state may do any of the	10942
following to effect compliance with this chapter:	10943

(a) Administer oaths, issue subpoenas, summon witnesses,	10944
compel the production of books, papers, records, and other	10945
evidence, and fix the time and place for hearing any matters	10946
relating to the administration and enforcement of this chapter and	10947
the memorandum of understanding required under this section;	10948

(b) Initiate a mandamus action before the supreme court if	10949
the state office of a designated agency fails, by the applicable	10950
deadline, to enter into the memorandum of understanding required	10951
by this section;	10952

(c) Initiate a mandamus action against the state office of a	10953
designated agency before the supreme court if a designated agency	10954
does not correct any deficiency in compliance with this chapter	10955
or the memorandum of understanding within forty-five days after	10956
receiving written notice of the deficiency from the secretary of	10957
state.	10958

(2) The head of a state agency with supervisory authority	10959
over a designated agency may do any of the following to effect	10960
compliance with this chapter:	10961

(a) Initiate a mandamus action before the supreme court if	10962
the secretary of state fails, by the applicable deadline, to enter	10963
into the memorandum of understanding required by this section;	10964

(b) Initiate a mandamus action before the supreme court if	10965
the secretary of state does not correct any deficiency in the	10966
proper exercise of the duties of the secretary of state under this	10967
chapter or the memorandum of understanding within forty-five days	10968
after receiving written notice of the deficiency from the state	10969
office of the designated agency;	10970

(c) Initiate a mandamus action before the supreme court if	10971
the county office of that designated agency does not correct any	10972
deficiency in compliance with this chapter or the memorandum of	10973
understanding within forty-five days after receiving written	10974
notice of the deficiency from the state office of that designated	10975
agency.	10976

Sec. 3503.11. ~~When any person applies for~~(A)(1) The	10977
secretary of state, in consultation with the Ohio bureau of motor	10978
vehicles, shall adopt rules that require any change of address	10979
form submitted to change a person's address for a driver's	10980
license, commercial driver's license, a state of Ohio	10981
identification card issued under section 4507.50 of the Revised	10982
Code, or motorcycle operator's license or endorsement, or for the	10983
renewal or duplicate of any license or endorsement under Chapter	10984
4506. or 4507. of the Revised Code~~, the registrar of motor~~	10985
~~vehicles or deputy registrar shall offer the applicant the~~	10986
~~opportunity to register to vote or to update the applicant's~~	10987
~~voter registration~~to also serve as notification of change of	10988
address for voter registration purposes unless the person states	10989
on the form that the change of address is not for voter	10990
registration purposes or the person is not a registered voter.	10991
The registrar of motor vehicles or deputy registrar ~~also~~ shall	10992
make available to all ~~other~~ customers voter registration	10993
applications and change of residence and change of name, forms,	10994
~~but is not required to offer assistance to these customers in~~	10995
~~completing a voter registration application or other form~~.	10996

The registrar or deputy registrar shall send any completed	10997
registration application or any completed change of residence or	10998
change of name form to the board of elections of the county in	10999
which the office of the registrar or deputy registrar is located,	11000
within five business days after accepting the application or other	11001
form.	11002

(2) The registrar shall collect from each deputy registrar	11003
through the reports filed under division (J) of section 4503.03 of	11004
the Revised Code and transmit to the secretary of state	11005
information on the number of voter registration applications and	11006
change of residence or change of name forms completed or declined,	11007
and any additional information required by the secretary of state	11008
to comply with the National Voter Registration Act of 1993. No	11009
information relating to an applicant's decision to decline to	11010
register or update the applicant's voter registration at the	11011
office of the registrar or deputy registrar may be used for any	11012
purpose other than voter registration record-keeping required by	11013
the secretary of state, and all such information shall be kept	11014
confidential.	11015

(3) The secretary of state shall prescribe voter registration	11016
applications and change of residence and change of name forms for	11017
use by the bureau of motor vehicles. The bureau of motor vehicles	11018
shall supply all of its deputy registrars with a sufficient	11019
number of voter registration applications and change of residence	11020
and change of name forms.	11021

(B)(1) Not later than December 31, 2010, the secretary of	11022
state shall establish a secure internet web site to permit	11023
individuals who meet the qualifications of an elector and who	11024
possess a current and valid Ohio driver's license or	11025
identification card issued by the Ohio bureau of motor vehicles to	11026
do any of the following:	11027

(a) Submit a voter registration application to register;

11028

(b) Change the individual's name, address, or other	11029
information in the individual's current voter registration record;	11030

(c) Determine the status of the individual's previously	11031
submitted voter registration application and, if applicable,	11032
correct an error or omission on that application.	11033

(2) The internet-based voter registration application	11034
established under division (B) of this section shall include the	11035
same information, warnings, and disclaimers as required for paper	11036
voter registration applications. The application also shall	11037
require an applicant to provide the number of the applicant's	11038
current and valid Ohio driver's license or state identification	11039
card.	11040

(3) When an individual submits an application under division	11041
(B) of this section, the information submitted by the applicant	11042
shall be compared with the information in the database of the	11043
registrar of motor vehicles.	11044

(a) If the information submitted by the applicant	11045
substantially matches the information in the database of the	11046
registrar of motor vehicles, the application shall be provided to	11047
and processed by the applicable board of elections as a	11048
registration by mail, in accordance with section 3503.19 of the	11049
Revised Code. The bureau also shall transmit to the board of	11050
elections the digitized signature of the applicant on file with	11051
the bureau.	11052

(b) If the information submitted by the applicant does not	11053
substantially match the information in the database of the	11054
registrar of motor vehicles, or if the bureau cannot otherwise	11055
verify that the individual possesses a current and valid Ohio	11056
driver's license or state identification card, the bureau shall	11057
notify the board of elections of that fact when the bureau	11058
provides the application to the board. The board shall notify the	11059
individual of the error and provide the individual with the	11060
opportunity to correct the application in accordance with	11061
division (C)(2) of section 3503.19 of the Revised Code.	11062

(4) Notwithstanding any provision of the Revised Code to the	11063
contrary, a digitized signature transmitted by the Ohio bureau of	11064
motor vehicles to a board of elections under division (B) of this	11065
section shall be considered an original signature on a voter	11066
registration application.	11067

(5) A person who registers to vote under division (B) of this	11068
section shall be considered to have registered by mail for the	11069
purpose of Title XXXV of the Revised Code and federal election	11070
law.	11071

(6) The secretary of state may adopt rules under Chapter 119.	11072
of the Revised Code to implement division (B) of this section.	11073

(7) The secretary of state shall establish a task force	11074
comprised of individuals designated by the Ohio bureau of motor	11075
vehicles to implement the requirements of division (B) of this	11076
section. The purpose of the task force shall be to develop a	11077
memorandum of understanding between the secretary of state and the	11078
bureau of motor vehicles. The memorandum of understanding shall	11079
identify the responsibilities of the secretary of state and the	11080
bureau to provide for the orderly implementation and maintenance	11081
of the voter registration process established by division (B) of	11082
this section.	11083

Expenses incurred by the task force are the responsibility of	11084
the secretary of state. The operation of the task force ceases	11085
upon the completion of the tasks necessary to provide for the	11086
implementation of division (B) of this section. The secretary of	11087
state at any time may form a new task force to address the	11088
maintenance of or changes to the implementation process for	11089
division (B) of this section.	11090

Sec. 3503.14. (A) The secretary of state shall prescribe	11091
the form and content of the registration, change of residence, and	11092
change of name forms used in this state. The forms shall meet the	11093
requirements of the National Voter Registration Act of 1993 and	11094
shall include spaces for all of the following:	11095

(1) The voter's name;

11096

(2) The voter's address;

11097

(3) The current date;

11098

(4) The voter's ~~date of birth~~birthdate;

11099

(5) The voter to provide one or more of the following:

11100

(a) The voter's Ohio driver's license number, if any;

11101

(b) The last four digits of the voter's social security	11102
number, if any;	11103

(c) ~~A copy of a current and valid photo identification, a~~	11104
~~copy of a military identification, or a copy of a current~~	11105
~~utility bill, bank statement, government check, paycheck, or~~	11106
~~other government document, other than a notice of an election~~	11107
~~mailed by a board of elections under section 3501.19 of the~~	11108
~~Revised Code or a notice of voter registration mailed by a~~	11109
~~board of elections under section 3503.19 of the Revised Code,~~	11110
~~that shows the voter's name and address~~The voter's	11111
identification.	11112

(6) The voter's signature.

11113

The registration form shall include a space on which the	11114
person registering an applicant shall sign the person's name and	11115
provide the person's address and a space on which the person	11116
registering an applicant shall name the employer who is employing	11117
that person to register the applicant.	11118

The registration form shall include a space, which shall be	11119
labeled as "Recommended," in which the person submitting the	11120
application may record a contact phone number, an electronic mail	11121
address, or both.	11122

Except for forms prescribed by the secretary of state under	11123
section 3503.11 of the Revised Code, the secretary of state shall	11124
permit boards of elections to produce forms that have subdivided	11125
spaces for each individual alphanumeric character of the	11126
information provided by the voter so as to accommodate the	11127
electronic reading and conversion of the voter's information to	11128
data and the subsequent electronic transfer of that data to the	11129
statewide voter registration database established under section	11130
3503.15 of the Revised Code.	11131

(B) None of the following persons who are registering an	11132
applicant in the course of that official's or employee's normal	11133
duties shall sign the person's name, provide the person's address,	11134
or name the employer who is employing the person to register an	11135
applicant on a form prepared under this section:	11136

(1) An election official;

11137

(2) A county treasurer;

11138

(3) A deputy registrar of motor vehicles;

11139

(4) An employee of a designated agency;

11140

(5) An employee of a public high school;

11141

(6) An employee of a public vocational school;

11142

(7) An employee of a public library;

11143

(8) An employee of the office of a county treasurer;

11144

(9) An employee of the bureau of motor vehicles;

11145

(10) An employee of a deputy registrar of motor vehicles;

11146

(11) An employee of an election official.

11147

(C) Except as provided in section 3501.382 of the Revised	11148
Code, any applicant who is unable to sign the applicant's own name	11149
shall make an "X," if possible, which shall be certified by the	11150
signing of the name of the applicant by the person filling out the	11151
form, who shall add the person's own signature. If an applicant is	11152
unable to make an "X," the applicant shall indicate in some manner	11153
that the applicant desires to register to vote or to change the	11154
applicant's name or residence. The person registering the	11155
applicant shall sign the form and attest that the applicant	11156
indicated that the applicant desired to register to vote or to	11157
change the applicant's name or residence.	11158

(D) No registration, change of residence, or change of name	11159
form shall be rejected solely on the basis that a person	11160
registering an applicant failed to sign the person's name or	11161
failed to name the employer who is employing that person to	11162
register the applicant as required under division (A) of this	11163
section.	11164

(E) As used in this section, "registering an applicant"	11165
includes any effort, for compensation, to provide voter	11166
registration forms or to assist persons in completing or returning	11167
those forms.	11168

Sec. 3503.141. (A) A board of elections that receives a voter	11169
registration application by mail shall determine whether the	11170
applicant has previously voted at a federal election in Ohio and	11171
whether the application includes any of the following information:	11172

(1) The applicant's Ohio driver's license number;

11173

(2) The last four digits of the applicant's social security	11174
number; or	11175

(3) A copy of a first-time mail-in registrant identification.

11176

(B) The board of elections shall cause the voter's name in	11177
the county's voter registration records and in the poll list or	11178
signature pollbook for the applicable precinct to be marked to	11179
indicate that the voter shall be required to provide first-time	11180
mail-in registrant identification when the voter appears to vote,	11181
if both of the following apply:	11182

(1) The application does not contain any of the forms of	11183
identification specified in division (A) of this section.	11184

(2) The applicant has not previously voted at a federal	11185
election in Ohio.	11186

(C) At the first election at which a voter whose name has	11187
been marked under division (B) of this section appears to vote,	11188
the voter shall be required to provide first-time mail-in	11189
registrant identification.	11190

(1) If the voter does not have or does not provide first-time	11191
mail-in registrant identification at that election, the voter	11192
shall be permitted to cast a provisional ballot under section	11193
3505.181 of the Revised Code.	11194

(2) If the voter provides first-time mail-in registrant	11195
identification at that election, the board shall remove the	11196
indication that first-time mail-in registrant identification is	11197
required from the county's voter registration records and the poll	11198
list or signature pollbook, and the voter shall be permitted to	11199
vote a regular ballot.	11200

Sec. 3503.142. The secretary of state shall coordinate with	11201
boards of elections to identify, collect, and distribute best	11202
practices for processing voter registrations, including, but not	11203
limited to, best practices for data entry and quality assurance.	11204
The secretary of state shall issue best practice instructions to	11205
boards of elections at least once every two years.	11206

Sec. 3503.15. (A) The secretary of state shall establish and	11207
maintain a statewide voter registration database that shall be	11208
continuously available to each board of elections and to other	11209
agencies as authorized by law.	11210

(B) The statewide voter registration database established	11211
under this section shall be the official list of registered voters	11212
for all elections conducted in this state.	11213

(C) The statewide voter registration database established	11214
under this section shall, at a minimum, include all of the	11215
following:	11216

(1) An electronic network that connects all board of	11217
elections offices with the office of the secretary of state and	11218
with the offices of all other boards of elections;	11219

(2) A computer program that harmonizes the records contained	11220
in the database with records maintained by each board of	11221
elections;	11222

(3) An interactive computer program that allows access to the	11223
records contained in the database by each board of elections and	11224
by any persons authorized by the secretary of state to add,	11225
delete, modify, or print database records, and to conduct updates	11226
of the database;	11227

(4) A search program capable of verifying registered voters	11228
and their registration information by name, driver's license	11229
number, birth date, social security number, or current address;	11230

(5) Safeguards and components to ensure that the integrity,	11231
security, and confidentiality of the voter registration	11232
information is maintained.	11233

(D) The secretary of state shall adopt rules pursuant to	11234
Chapter 119. of the Revised Code doing all of the following:	11235

(1) Specifying the manner in which existing voter	11236
registration records maintained by boards of elections shall be	11237
converted to electronic files for inclusion in the statewide voter	11238
registration database;	11239

(2) Establishing a uniform method for entering voter	11240
registration records into the statewide voter registration	11241
database on an expedited basis, but not less than once per day, if	11242
new registration information is received;	11243

(3) Establishing a uniform method for purging canceled voter	11244
registration records from the statewide voter registration	11245
database in accordance with section 3503.21 of the Revised Code;	11246

(4) Specifying the persons authorized to add, delete, modify,	11247
or print records contained in the statewide voter registration	11248
database and to make updates of that database;	11249

(5) Establishing a process for annually auditing the	11250
information contained in the statewide voter registration	11251
database.	11252

(E) A board of elections promptly shall purge a voter's name	11253
and voter registration information from the statewide voter	11254
registration database in accordance with the rules adopted by the	11255
secretary of state under division (D)(3) of this section after the	11256
cancellation of a voter's registration under section 3503.21 of	11257
the Revised Code.	11258

(F) The secretary of state shall provide training in the	11259
operation of the statewide voter registration database to each	11260
board of elections and to any persons authorized by the secretary	11261
of state to add, delete, modify, or print database records, and to	11262
conduct updates of the database.	11263

(G)(1) The statewide voter registration database established	11264
under this section shall be made available on a web site of the	11265
office of the secretary of state as follows:	11266

(a) Except as otherwise provided in division (G)(1)(b) of	11267
this section, only the following information from the statewide	11268
voter registration database regarding a registered voter shall be	11269
made available on the web site:	11270

(i) The voter's name;

11271

(ii) The voter's address;

11272

(iii) The voter's precinct number;

11273

(iv) The voter's voting history.

11274

(b) During the thirty days before the day of a primary or	11275
general election, the web site interface of the statewide voter	11276
registration database shall permit a voter to search for the	11277
polling location at which that voter may cast a ballot.	11278

(2) The secretary of state shall establish, by rule adopted	11279
under Chapter 119. of the Revised Code, a process for boards of	11280
elections to notify the secretary of state of changes in the	11281
locations of precinct polling places for the purpose of updating	11282
the information made available on the secretary of state's web	11283
site under division (G)(1)(b) of this section. Those rules shall	11284
require a board of elections, during the thirty days before the	11285
day of a primary or general election, to notify the secretary of	11286
state within one business day of any change to the location of a	11287
precinct polling place within the county.	11288

(3) During the thirty days before the day of a primary or	11289
general election, not later than one business day after receiving	11290
a notification from a county pursuant to division (G)(2) of this	11291
section that the location of a precinct polling place has changed,	11292
the secretary of state shall update that information on the	11293
secretary of state's web site for the purpose of division	11294
(G)(1)(b) of this section.	11295

(H)(1) The secretary of state and the registrar of motor	11296
vehicles shall enter into an agreement to match information in the	11297
statewide voter registration database with information in the	11298
database of the registrar of motor vehicles to the extent required	11299
to enable each such official to verify the accuracy of the	11300
information provided on applications for voter registration, as	11301
required under 42 U.S.C. 15483.	11302

(2) The secretary of state shall establish, by rule adopted	11303
under Chapter 119. of the Revised Code, a process for notifying	11304
boards of elections of any relevant nonmatch that the secretary	11305
of state receives under division (H)(1) of this section.	11306

(3) The secretary of state shall establish, by rule adopted	11307
under Chapter 119. of the Revised Code, procedures for boards of	11308
elections to process relevant nonmatches.	11309

(4) Notwithstanding any provision of the Revised Code to the	11310
contrary, a nonmatch shall not be the sole reason for any of the	11311
following:	11312

(a) Failing to add a voter to the statewide voter	11313
registration database;	11314

(b) Challenging or upholding a challenge to a person's voter	11315
registration, a person's right to cast a regular or absent voter's	11316
ballot, or a person's completed regular, provisional, or absent	11317
voter's ballot;	11318

11319

(d) Requiring a person to vote a provisional ballot; or

11320

(e) Failing to provide a regular ballot or absent voter's	11321
ballot to an otherwise eligible voter.	11322

(5) As used in division (H) of this section, "nonmatch"	11323
means an individual's voter registration record in which any of	11324
the following data fields are not substantially the same when the	11325
secretary of state matches information in the statewide voter	11326
registration database with information in the database of the	11327
registrar of motor vehicles to the extent required to enable	11328
each such official to verify the accuracy of the information	11329
provided on applications for voter registration, as required	11330
under 42 U.S.C. 15483:	11331

(a) Ohio driver's license number, if provided by the	11332
individual;	11333

(b) Last four digits of social security number if the	11334
individual did not provide an Ohio driver's license number and did	11335
provide the last four digits of the individual's social security	11336
number;	11337

11338

(d) Name (first name or derivative, and last name).

11339

Sec. 3503.16. (A) Whenever a registered elector changes the	11340
place of residence of that registered elector from one precinct to	11341
another within a county or from one county to another, or has a	11342
change of name, that registered elector shall report the change by	11343
delivering a change of residence or change of name form, whichever	11344
is appropriate, as prescribed by the secretary of state under	11345
section 3503.14 of the Revised Code to the state or local office	11346
of a designated agency, a public high school or vocational school,	11347
a public library, the office of the county treasurer, the office	11348
of the secretary of state, any office of the registrar or deputy	11349
registrar of motor vehicles, or any office of a board of elections	11350
in person or by a third person. Any voter registration, change of	11351
address, or change of name application, returned by mail, may be	11352
sent only to the secretary of state or the office of a board of	11353
elections.	11354

A registered elector also may update the registration of that	11355
registered elector by filing a change of residence or change of	11356
name form on the day of a special, primary, or general election at	11357
the polling place in the precinct in which that registered elector	11358
resides or at the board of elections or at another site designated	11359
by the board.	11360

(B)(1)~~(a)~~ Any registered elector who moves within a precinct	11361
on or prior to the day of a general, primary, or special election	11362
and has not filed a notice of change of residence with the board	11363
of elections may vote in that election pursuant to division (G) of	11364
this section or by going to that registered elector's assigned	11365
polling place, completing and signing a notice of change of	11366
residence, ~~showing identification in the form of a current and~~	11367
~~valid photo identification, a military identification, or a copy~~	11368
~~of a current utility bill, bank statement, government check,~~	11369
~~paycheck, or other government document, other than a notice of~~	11370
~~an election mailed by a board of elections under section 3501.19~~	11371
~~of the Revised Code or a notice of voter registration mailed by~~	11372
~~a board of elections under section 3503.19 of the Revised Code,~~	11373
~~that shows the name and current address of the elector,~~ and	11374
casting a ballot. ~~If the elector provides either a driver's~~	11375
~~license or a state identification card issued under section~~	11376
~~4507.50 of the Revised Code that does not contain the elector's~~	11377
~~current residence address, the elector shall provide the last~~	11378
~~four digits of the elector's driver's license number or state~~	11379
~~identification card number, and the precinct election official~~	11380
~~shall mark the poll list or signature pollbook to indicate that~~	11381
~~the elector has provided a driver's license or state~~	11382
~~identification card number with a former address and record the~~	11383
~~last four digits of the elector's driver's license number or~~	11384
~~state identification card number.~~	11385

~~(b) Any registered elector who changes the name of that~~	11386
~~registered elector and remains within a precinct on or prior to~~	11387
~~the day of a general, primary, or special election and has not~~	11388
~~filed a notice of change of name with the board of elections may~~	11389
~~vote in that election by going to that registered elector's~~	11390
~~assigned polling place, completing and signing a notice of a~~	11391
~~change of name, and casting a provisional ballot under section~~	11392
~~3505.181 of the Revised Code.~~	11393

(2) Any registered elector who moves from one precinct to	11394
another within a county ~~or moves from one precinct to another and~~	11395
~~changes the name of that registered elector~~ on or prior to the day	11396
of a general, primary, or special election and has not filed a	11397
notice of change of residence ~~or change of name, whichever is~~	11398
~~appropriate,~~ with the board of elections may vote in that election	11399
if that registered elector complies with division (G) of this	11400
section or does all of the following:	11401

(a) Appears at anytime during regular business hours ~~on or~~	11402
after the ~~twenty-eighth day prior to the election in which that~~	11403
~~registered elector wishes to vote or, if the election is held on~~	11404
~~the day of a presidential primary election, the twenty-fifth day~~	11405
~~prior to the election, through noon of the Saturday prior to the~~	11406
~~election at the office of the board of elections, appears at any~~	11407
~~time during regular business hours on the Monday prior to the~~	11408
close of voter registration for that election at the office of the	11409
board of elections or at another location if pursuant to division	11410
(C) of section 3501.10 of the Revised Code the board has	11411
designated one or more other locations in the county at which	11412
registered electors may vote, or appears on the day of the	11413
election at either of the following locations:	11414

(i) The polling place in the precinct in which that	11415
registered elector resides;	11416

(ii) The office of the board of elections or, if pursuant to	11417
division (C) of section 3501.10 of the Revised Code the board has	11418
designated ~~another location~~one or more other locations in the	11419
county at which registered electors may vote, at ~~that~~such other	11420
location instead of the office of the board of elections.	11421

(b) Completes and signs, under penalty of election	11422
falsification, a notice of change of residence ~~or change of name,~~	11423
~~whichever is appropriate,~~ and files it with election officials at	11424
the polling place, at the office of the board of elections, or, if	11425
pursuant to division (C) of section 3501.10 of the Revised Code	11426
the board has designated ~~another location~~one or more other	11427
locations in the county at which registered electors may vote, at	11428
~~that~~such other location instead of the office of the board of	11429
elections, whichever is appropriate;	11430

(c) ~~Votes~~Casts a ~~provisional~~ ballot ~~under section 3505.181~~	11431
~~of the Revised Code~~ at the polling place, at the office of the	11432
board of elections, or, if pursuant to division (C) of section	11433
3501.10 of the Revised Code the board has designated ~~another~~	11434
~~location~~one or more other locations in the county at which	11435
registered electors may vote, at ~~that~~such other location	11436
instead of the office of the board of elections, whichever is	11437
appropriate, using the address to which that registered elector	11438
has moved ~~or the name of that registered elector as changed,~~	11439
~~whichever is appropriate~~;	11440

(d) Completes and signs, under penalty of election	11441
falsification, a statement attesting that that registered elector	11442
moved ~~or had a change of name, whichever is appropriate,~~ on or	11443
prior to the day of the election, has voted ~~a provisional ballot~~	11444
at the polling place in the precinct in which that registered	11445
elector resides, at the office of the board of elections, or, if	11446
pursuant to division (C) of section 3501.10 of the Revised Code	11447
the board has designated ~~another location~~one or more other	11448
locations in the county at which registered electors may vote, at	11449
~~that~~such other location instead of the office of the board of	11450
elections, whichever is appropriate, and will not vote or attempt	11451
to vote at any other location for that particular election. The	11452
statement required under division (B)(2)(d) of this section shall	11453
be included on the notice of change of residence ~~or change of~~	11454
~~name, whichever is appropriate,~~ required under division (B)(2)(b)	11455
of this section.	11456

(C) Any registered elector who moves from one county to	11457
another county within the state on or prior to the day of a	11458
general, primary, or special election and has not registered to	11459
vote in the county to which that registered elector moved may vote	11460
in that election if that registered elector complies with division	11461
(G) of this section or does all of the following:	11462

(1) Appears at any time during regular business hours ~~on or~~	11463
after the ~~twenty-eighth day prior to the election in which that~~	11464
~~registered elector wishes to vote or, if the election is held on~~	11465
~~the day of a presidential primary election, the twenty-fifth day~~	11466
~~prior to the election, through noon of the Saturday prior to the~~	11467
~~election at the office of the board of elections or, if pursuant~~	11468
~~to division (C) of section 3501.10 of the Revised Code the board~~	11469
~~has designated another location in the county at which registered~~	11470
~~electors may vote, at that other location instead of the office of~~	11471
~~the board of elections, appears during regular business hours on~~	11472
~~the Monday prior to the~~close of voter registration for that	11473
election at the office of the board of elections or, if pursuant	11474
to division (C) of section 3501.10 of the Revised Code the board	11475
has designated ~~another location~~one or more other locations in the	11476
county at which registered electors may vote, at ~~that~~such other	11477
location instead of the office of the board of elections, or	11478
appears on the day of the election at the office of the board of	11479
elections or, if pursuant to division (C) of section 3501.10 of	11480
the Revised Code the board has designated ~~another location~~one or	11481
more other locations in the county at which registered electors	11482
may vote, at ~~that~~such other location instead of the office of	11483
the board of elections;	11484

(2) Completes and signs, under penalty of election	11485
falsification, a notice of change of residence and files it with	11486
election officials at the board of elections or, if pursuant to	11487
division (C) of section 3501.10 of the Revised Code the board has	11488
designated ~~another location~~one or more other locations in the	11489
county at which registered electors may vote, at ~~that~~such other	11490
location instead of the office of the board of elections;	11491

(3) ~~Votes~~Casts a provisional ballot under section 3505.181	11492
of the Revised Code at the office of the board of elections or,	11493
if pursuant to division (C) of section 3501.10 of the Revised	11494
Code the board has designated ~~another location~~one or more other	11495
locations in the county at which registered electors may vote,	11496
at ~~that~~such other location instead of the office of the board	11497
of elections, using the address to which that registered elector	11498
has moved;	11499

(4) Completes and signs, under penalty of election	11500
falsification, a statement attesting that that registered elector	11501
has moved from one county to another county within the state on or	11502
prior to the day of the election, has voted at the office of the	11503
board of elections or, if pursuant to division (C) of section	11504
3501.10 of the Revised Code the board has designated ~~another~~	11505
~~location~~one or more other locations in the county at which	11506
registered electors may vote, at ~~that~~such other location instead	11507
of the office of the board of elections, and will not vote or	11508
attempt to vote at any other location for that particular	11509
election. The statement required under division (C)(4) of this	11510
section shall be included on the notice of change of residence	11511
required under division (C)(2) of this section.	11512

(D) ~~A person who votes by absent voter's ballots pursuant to~~	11513
~~division (G) of this section shall not make written application~~	11514
~~for the ballots pursuant to Chapter 3509. of the Revised Code.~~	11515
~~Ballots cast pursuant to division (G) of this section shall be set~~	11516
~~aside in a special envelope and counted during the official~~	11517
~~canvass of votes in the manner provided for in sections 3505.32~~	11518
~~and 3509.06 of the Revised Code insofar as that manner is~~	11519
~~applicable. The board shall examine the pollbooks to verify that~~	11520
~~no ballot was cast at the polls or by absent voter's ballots under~~	11521
~~Chapter 3509. or 3511. of the Revised Code by an elector who has~~	11522
~~voted by absent voter's ballots pursuant to division (G) of this~~	11523
~~section. Any ballot determined to be insufficient for any of the~~	11524
~~reasons stated above or stated in section 3509.07 of the Revised~~	11525
~~Code shall not be counted.~~	11526

~~Subject to division (C) of section 3501.10 of the Revised~~	11527
~~Code, a board of elections may lease or otherwise acquire a site~~	11528
~~different from the office of the board at which registered~~	11529
~~electors may vote pursuant to division (B) or (C) of this section.~~	11530
(1) Any registered elector who changes the elector's name on or	11531
prior to the day of a general, primary, or special election and	11532
has not filed a notice of change of name with the board of	11533
elections may vote in that election if that registered elector	11534
complies with division (G) of this section or does all of the	11535
following:	11536

(a) Appears at anytime during regular business hours after	11537
the close of voter registration for that election at the office of	11538
the board of elections or at another location if pursuant to	11539
division (C) of section 3501.10 of the Revised Code the board has	11540
designated one or more other locations in the county at which	11541
registered electors may vote, or appears on the day of the	11542
election at either of the following locations:	11543

(i) The polling place in the precinct in which that	11544
registered elector resides;	11545

(ii) The office of the board of elections or, if pursuant to	11546
division (C) of section 3501.10 of the Revised Code the board has	11547
designated one or more other locations in the county at which	11548
registered electors may vote, at such other location instead of	11549
the office of the board of elections.	11550

(b) Completes and signs, under penalty of election	11551
falsification, a notice of change of name and files it with	11552
election officials at the polling place, at the office of the	11553
board of elections, or, if pursuant to division (C) of section	11554
3501.10 of the Revised Code the board has designated one or more	11555
other locations in the county at which registered electors may	11556
vote, at such other location instead of the office of the board of	11557
elections, whichever is appropriate;	11558

(c) Casts a ballot at the polling place, at the office of the	11559
board of elections, or, if pursuant to division (C) of section	11560
3501.10 of the Revised Code the board has designated one or more	11561
other locations in the county at which registered electors may	11562
vote, at such other location instead of the office of the board of	11563
elections, whichever is appropriate, using the name of that	11564
registered elector as changed;	11565

(d) Completes and signs, under penalty of election	11566
falsification, a statement attesting that the registered elector	11567
changed the elector's name prior to the day of the election, has	11568
voted at the polling place in the precinct in which that	11569
registered elector resides, at the office of the board of	11570
elections, or, if pursuant to division (C) of section 3501.10 of	11571
the Revised Code the board has designated one or more other	11572
locations in the county at which registered electors may vote, at	11573
such other location instead of the office of the board of	11574
elections, whichever is appropriate, and will not vote or attempt	11575
to vote at any other location for that particular election. The	11576
statement required under division (D)(1)(d) of this section shall	11577
be included on the notice of change of name required under	11578
division (D)(1)(b) of this section.	11579

(2) A registered elector who moves from one precinct to	11580
another within a county and changes the elector's name, on or	11581
prior to the day of a general, primary, or special election and	11582
has not filed a notice of change of residence and a notice of	11583
change of name with the board of elections prior to the thirtieth	11584
day before the day of the election may vote in that election if	11585
the registered elector complies with division (G) of this section	11586
or does both of the following:	11587

(a) Complies with the procedures specified in division (B)(2)	11588
of this section for electors who move from one precinct to another	11589
within a county before an election; and	11590

(b) Files the notice of change of name specified in division	11591
(D)(1)(b) of this section in addition to any change of residence	11592
required under division (B)(2) of this section.	11593

(3) A registered elector who moves from one county to another	11594
county and changes the elector's name on or prior to the day of a	11595
general, primary, or special election and has not filed a notice	11596
of change of residence and a notice of change of name with the	11597
board of elections prior to the thirtieth day before the day of	11598
the election may vote in that election if the registered elector	11599
complies with division (G) of this section or does both of the	11600
following:	11601

(a) Complies with the procedures specified in division (C) of	11602
this section for electors who move from one county to another	11603
before an election; and	11604

(b) Files the notice of change of name specified in division	11605
(D)(1)(b) of this section in addition to any notice of change of	11606
residence required under division (C) of this section.	11607

(E) Upon receiving a change of residence or change of name	11608
form, the board of elections shall ~~immediately~~promptly send the	11609
registrant an acknowledgment notice. If the change of residence	11610
or change of name form is valid, the board shall update the	11611
voter's registration as appropriate. If that form is incomplete,	11612
the board shall inform the registrant in the acknowledgment	11613
notice specified in this division of the information necessary to	11614
complete or update that registrant's registration.	11615

(F) Change of residence and change of name forms shall be	11616
available at each polling place, and when these forms are	11617
completed, noting changes of residence or name, as appropriate,	11618
they shall be filed with election officials at the polling place.	11619
Election officials shall return completed forms, together with the	11620
pollbooks and tally sheets, to the board of elections.	11621

The board of elections shall provide change of residence and	11622
change of name forms to the probate court and court of common	11623
pleas. The court shall provide the forms to any person eighteen	11624
years of age or older who has a change of name by order of the	11625
court or who applies for a marriage license. The court shall	11626
forward all completed forms to the board of elections within five	11627
days after receiving them.	11628

(G) A registered elector who otherwise would qualify to vote	11629
under division (B) or, (C), or (D) of this section but is unable	11630
to appear at the office of the board of elections or, if pursuant	11631
to division (C) of section 3501.10 of the Revised Code the board	11632
has designated ~~another location~~one or more other locations in	11633
the county at which registered electors may vote, at ~~that~~such	11634
other location, ~~on account of personal illness, physical~~	11635
~~disability, or infirmity,~~ may vote ~~on the day of the~~in that	11636
election if that registered elector does all of the following:	11637

(1) Makes a written application that includes all of the	11638
information required under section 3509.03 of the Revised Code to	11639
the appropriate board for an absent voter's ballot on or after the	11640
~~twenty-seventh~~twenty-eighth day prior to the election in which	11641
the registered elector wishes to vote through noon of the	11642
Saturday prior to that election and requests that the absent	11643
voter's ballot be sent to the address to which the registered	11644
elector has moved if the registered elector has moved or moved	11645
and changed the elector's name, or to the address of ~~that~~a	11646
registered elector who has not moved but has had a change of	11647
name;	11648

(2) Declares that the registered elector has moved or, had a	11649
change of name, ~~whichever is appropriate~~or both, and otherwise	11650
is qualified to vote under the circumstances described in	11651
~~division (B) or (C) of~~ this section, ~~whichever is appropriate,~~	11652
but that the registered elector is unable to appear at the board	11653
of elections ~~because of personal illness, physical disability, or~~	11654
~~infirmity~~;	11655

(3) Completes and returns along with the completed absent	11656
voter's ballot a notice of change of residence indicating the	11657
address to which the registered elector has moved, or a notice of	11658
change of name, or both, whichever is appropriate;	11659

(4) Completes and signs, under penalty of election	11660
falsification, a statement attesting that the registered elector	11661
has moved or, had a change of name, or both, on or prior to the	11662
day before the election, has voted by absent voter's ballot	11663
~~because of personal illness, physical disability, or infirmity~~	11664
~~that prevented the registered elector from appearing at the board~~	11665
~~of elections~~, and will not vote or attempt to vote at any other	11666
location or by absent voter's ballot mailed to any other location	11667
or address for that particular election.	11668

Sec. 3503.19. (A) Persons qualified to register or to change	11669
their registration because of a change of address or change of	11670
name may register or change their registration in person at any	11671
state or local office of a designated agency, at the office of the	11672
registrar or any deputy registrar of motor vehicles, at a public	11673
high school or vocational school, at a public library, at the	11674
office of a county treasurer, or at a branch office established	11675
by the board of elections, or in person, through another person,	11676
or by mail at the office of the secretary of state or at the	11677
office of a board of elections. A registered elector may also	11678
change the elector's registration on election day at any polling	11679
place where the elector is eligible to vote, in the manner	11680
provided under section 3503.16 of the Revised Code.	11681

Any state or local office of a designated agency, the office	11682
of the registrar or any deputy registrar of motor vehicles, a	11683
public high school or vocational school, a public library, or the	11684
office of a county treasurer shall transmit any voter registration	11685
application or change of registration form that it receives to the	11686
board of elections of the county in which the state or local	11687
office is located, within five business days after receiving the	11688
voter registration application or change of registration form.	11689

An otherwise valid voter registration application that is	11690
returned to the appropriate office other than by mail must be	11691
received by a state or local office of a designated agency, the	11692
office of the registrar or any deputy registrar of motor vehicles,	11693
a public high school or vocational school, a public library, the	11694
office of a county treasurer, the office of the secretary of	11695
state, or the office of a board of elections no later than the	11696
thirtieth day preceding a primary, special, or general election	11697
for the person to qualify as an elector eligible to vote at that	11698
election. An otherwise valid registration application received	11699
after that day entitles the elector to vote at all subsequent	11700
elections.	11701

Any state or local office of a designated agency, the office	11702
of the registrar or any deputy registrar of motor vehicles, a	11703
public high school or vocational school, a public library, or the	11704
office of a county treasurer shall date stamp a registration	11705
application or change of name or change of address form it	11706
receives using a date stamp that does not disclose the identity of	11707
the state or local office that receives the registration.	11708

Voter registration applications, if otherwise valid, that are	11709
returned by mail to the office of the secretary of state or to the	11710
office of a board of elections must be postmarked no later than	11711
the thirtieth day preceding a primary, special, or general	11712
election in order for the person to qualify as an elector eligible	11713
to vote at that election. If an otherwise valid voter registration	11714
application that is returned by mail does not bear a postmark or a	11715
legible postmark, the registration shall be valid for that	11716
election if received by the office of the secretary of state or	11717
the office of a board of elections no later than twenty-five days	11718
preceding any special, primary, or general election.	11719

(B)(1) Any person may apply in person, by telephone, by mail,	11720
or through another person for voter registration forms to the	11721
office of the secretary of state or the office of a board of	11722
elections or may apply for voter registration forms by electronic	11723
means to the office of the secretary of state or, if the	11724
secretary of state has established procedures pursuant to	11725
division (B) of section 3503.191 of the Revised Code, to the	11726
board of elections.	11727

(2)(a) An applicant may return the applicant's completed	11728
registration form in person ~~or by mail~~ to any state or local	11729
office of a designated agency, to a public high school or	11730
vocational school, to a public library, or to the office of a	11731
county treasurer, or in person or by mail to the office of the	11732
secretary of state, or to the office of a board of elections, or	11733
electronically to the office of the secretary of state or, if the	11734
secretary of state has established procedures pursuant to	11735
division (B) of section 3503.191 of the Revised Code, to the	11736
board of elections.	11737

(b) Subject to division (B)(2)(c) of this section, an	11738
applicant may return the applicant's completed registration form	11739
through another person to any board of elections or the office of	11740
the secretary of state.	11741

(c) A person who receives compensation for registering a	11742
voter shall return any registration form entrusted to that person	11743
by an applicant to any board of elections or to the office of the	11744
secretary of state.	11745

(d) If a board of elections or the office of the secretary of	11746
state receives a registration form under division (B)(2)(b) or (c)	11747
of this section before the thirtieth day before an election, the	11748
board or the office of the secretary of state, as applicable,	11749
shall forward the registration to the board of elections of the	11750
county in which the applicant is seeking to register to vote	11751
within ten days after receiving the application. If a board of	11752
elections or the office of the secretary of state receives a	11753
registration form under division (B)(2)(b) or (c) of this section	11754
on or after the thirtieth day before an election, the board or the	11755
office of the secretary of state, as applicable, shall forward the	11756
registration to the board of elections of the county in which the	11757
applicant is seeking to register to vote within thirty days after	11758
that election.	11759

(e) If the office of the secretary of state receives a voter	11760
registration application electronically on or before the thirtieth	11761
day before the day of an election, the office of the secretary of	11762
state shall forward the application to the board of elections of	11763
the county in which the applicant is seeking to register within	11764
ten days after receiving the application. If the office of the	11765
secretary of state receives a voter registration application	11766
electronically after the thirtieth day before the day of an	11767
election, the office of the secretary of state shall forward the	11768
application to the board of elections of the county in which the	11769
applicant is seeking to register within thirty days after that	11770
election.	11771

(f) A completed registration application that is received	11772
electronically shall be processed in the same manner as a	11773
registration form that is received in person or by mail.	11774

(C)(1) A board of elections that receives a voter	11775
registration application and is satisfied as to the truth of the	11776
statements made in the registration form shall register the	11777
applicant not later than twenty business days after receiving the	11778
application, unless that application is ~~received~~submitted during	11779
the thirty days immediately preceding the ~~day of an election~~end	11780
of the voter registration period for an election, in which case	11781
the board of elections shall register the applicant not later	11782
than ten business days after receiving the voter registration	11783
application. The board shall promptly notify the applicant in	11784
writing of each of the following:	11785

(a) The applicant's registration;

11786

(b) The precinct in which the applicant is to vote;

11787

11788

"Voters must bring identification to the polls in order to	11789
verify identity. Identification may include either a current and	11790
valid photo identification issued by the state or an agency or	11791
political subdivision of the state, an institution of higher	11792
education, or the United States government, or an affirmation of	11793
the voter's identity. Identification for a first-time voter who	11794
registered to vote by mail, did not include proper	11795
identification with the registration application, and has not	11796
previously voted in a federal election in Ohio may include a	11797
current and valid photo identification, a military	11798
identification, or a copy of a current utility bill, bank	11799
statement, government check, paycheck, or other government	11800
document~~, other than this notification or a notification of an~~	11801
~~election mailed by a board of elections,~~ that shows the voter's	11802
name and current address. Voters who do not have or who do not	11803
provide one of these documents will still be able to vote by	11804
~~providing the last four digits of the voter's social security~~	11805
~~number and~~ by casting a provisional ballot. ~~Voters who do not~~	11806
~~have any of the above forms of identification, including a~~	11807
~~social security number, will still be able to vote by signing an~~	11808
~~affirmation swearing to the voter's identity under penalty of~~	11809
~~election falsification and by casting a provisional ballot.~~"	11810

The notification shall be by nonforwardable mail. If the mail	11811
is returned to the board, it shall investigate and cause the	11812
notification to be delivered to the correct address.	11813

(2) Except as otherwise provided in this division, if the	11814
board finds that the applicant failed to provide all of the	11815
required information, but provided enough information on the form	11816
to enable the board to identify and contact the applicant, the	11817
board shall immediately notify the applicant of the error and	11818
give the applicant an opportunity to correct the form. If the	11819
application was submitted after the end of the voter registration	11820
period for an election, the board of elections may notify the	11821
applicant of the error not later than twenty days after	11822
completion of the official canvass for that election.	11823

The applicant may provide the required information by mail,	11824
electronic mail, telephone, or facsimile transmission, through the	11825
internet, or in person at the office of the board of elections. If	11826
the application is missing a signature, the applicant may provide	11827
a signed statement that the applicant submitted the application. A	11828
signature provided on a signed statement under this division shall	11829
be considered the applicant's signature on the application for the	11830
purposes of processing an otherwise valid application for voter	11831
registration.	11832

The secretary of state shall prescribe uniform standards for	11833
processing additional information by mail, electronic mail,	11834
telephone, facsimile transmission, through the internet, or in	11835
person at the office of the board of elections under this	11836
division.	11837

If the applicant corrects the application not less than	11838
fifteen days before the day of an election and is determined by	11839
the board of elections to be eligible to vote, the applicant shall	11840
be considered registered as of the date the application was	11841
submitted, and the board shall permit such an otherwise eligible	11842
elector to vote a regular ballot at that election.	11843

If the board of elections finds that an applicant failed to	11844
correct the application at least fifteen days before the day of	11845
an election, voted a provisional ballot at that election, and	11846
provided on the provisional ballot affirmation information	11847
sufficient to correct the voter registration application, the	11848
applicant shall be considered registered as of the date the	11849
application was submitted, and the board shall count the otherwise	11850
valid provisional ballot.	11851

(3) If, after investigating as required under division (C)(1)	11852
of this section, the board is unable to verify the voter's correct	11853
address, it shall cause the voter's name in the official	11854
registration list and in the poll list or signature pollbook to be	11855
marked to indicate that the voter's notification was returned to	11856
the board.	11857

At the first election at which a voter whose name has been so	11858
marked appears to vote, the voter shall be required to provide	11859
identification to the election officials ~~and to vote by~~	11860
~~provisional ballot under section 3505.181 of the Revised Code~~. If	11861
~~the provisional ballot is counted pursuant to division (B)(3) of~~	11862
~~section 3505.183 of the Revised Code~~Based on the provided	11863
identification, the board shall correct that voter's	11864
registration, if needed, and shall remove the indication that the	11865
voter's notification was returned from that voter's name on the	11866
official registration list and on the poll list or signature	11867
pollbook. ~~If the provisional ballot is not counted pursuant to~~	11868
~~division (B)(4)(a)(i), (v), or (vi) of section 3505.183 of the~~	11869
~~Revised Code, the voter's registration shall be canceled. The~~	11870
~~board shall notify the voter by United States mail of the~~	11871
~~cancellation.~~	11872

~~(3)~~(4) If a notice of the disposition of an otherwise valid	11873
registration application is sent by nonforwardable mail and is	11874
returned undelivered, the person shall be registered as provided	11875
in division (C)~~(2)~~(3) of this section and sent a confirmation	11876
notice by forwardable mail. If the person fails to respond to the	11877
confirmation notice, update the person's registration, or vote by	11878
~~provisional ballot as provided in division (C)(2) of this section~~	11879
in any election during the period of two federal elections	11880
subsequent to the mailing of the confirmation notice, the person's	11881
registration shall be canceled.	11882

Sec. 3503.191. (A)(1) The secretary of state shall	11883
establish, not later than August 30, 2010, procedures that allow	11884
any person to request voter registration forms electronically from	11885
the office of the secretary of state.	11886

(2) The procedures shall allow any person to express a	11887
preference for the manner in which the person will receive the	11888
requested voter registration forms, whether by mail,	11889
electronically, or in person. The registration forms shall be	11890
transmitted by the preferred method. If the requestor does not	11891
express a preferred method, the registration forms shall be	11892
delivered via standard mail.	11893

(3) The appropriate state or local election official shall	11894
establish and maintain reasonable procedures necessary to protect	11895
the security, confidentiality, and integrity of personal	11896
information collected, stored, or otherwise used in the electronic	11897
voter registration form request process established under this	11898
section. To the extent practicable, the procedures shall protect	11899
the security and integrity of the electronic voter registration	11900
form request process and protect the privacy of the identity and	11901
personal data of the person when such forms are requested,	11902
processed, and sent.	11903

(4) In establishing procedures under this section, the	11904
secretary of state shall designate at least one means of	11905
electronic communication for use by persons to request voter	11906
registration forms, for use by the state to send voter	11907
registration forms to those who have requested electronic	11908
delivery, and for providing public election and voting	11909
information. Such designated means of electronic communication	11910
shall be identified on all information and instructional materials	11911
that accompany balloting materials.	11912

(B) The secretary of state may establish procedures that	11913
allow any person to request voter registration forms	11914
electronically from a board of elections. The procedures must meet	11915
all the requirements of division (A) of this section.	11916

Sec. 3503.20. (A) Not later than August 1, 2012, all Ohioans	11917
who meet the qualifications of an elector and do any of the	11918
following shall be automatically registered to vote, provided that	11919
each individual shall have the ability to opt out of voter	11920
registration:	11921

(1) Graduates from a public, private, or community high	11922
school;	11923

(2) Registers for or updates their services with any	11924
designated agency under the National Voter Registration Act or	11925
under rules promulgated by the secretary of state; or	11926

(3) Applies for, renews, or updates a driver's license, state	11927
identification, or vehicle registration issued by the Ohio bureau	11928
of motor vehicles.	11929

(B) A person who registers to vote under this section shall	11930
be considered to have registered by mail for the purpose of Title	11931
XXXV of the Revised Code and federal election law.	11932

(C) The secretary of state shall adopt rules under Chapter	11933
119. of the Revised Code to implement this section.	11934

(D) Notwithstanding any provision of the Revised Code to the	11935
contrary, a digitized signature on a voter registration	11936
application that is transmitted by an entity listed under division	11937
(A)(1), (2), or (3) of this section shall be considered an	11938
original signature on a voter registration application.	11939

(E) The secretary of state shall establish a task force	11940
comprised of individuals designated by the designated agencies,	11941
the Ohio department of education, and the Ohio bureau of motor	11942
vehicles to implement the requirements of division (A) of this	11943
section. The purpose of the task force shall be to develop a	11944
memorandum of understanding between the secretary of state and the	11945
participating entities. The memorandum of understanding shall	11946
identify the responsibilities of the secretary of state and the	11947
responsibilities of each participating entity to provide for the	11948
orderly implementation and maintenance of the voter registration	11949
process established by this section.	11950

Expenses incurred by the task force are the responsibility of	11951
the secretary of state. The operation of the task force ceases	11952
upon completion of the tasks necessary to provide for	11953
implementation of this section. The secretary of state at any	11954
time may form a new task force to address the maintenance of or	11955
changes to the implementation process for this section.	11956

Sec. 3503.21. (A) The registration of a registered elector	11957
shall be canceled upon the occurrence of any of the following:	11958

(1) The filing by a registered elector of a written request	11959
with a board of elections, ~~on a form prescribed by the secretary~~	11960
~~of state and~~ signed by the elector, that the registration be	11961
canceled. The filing of such a request does not prohibit an	11962
otherwise qualified elector from reregistering to vote at any	11963
time. For the purpose of this division, a registered elector shall	11964
be considered to have made such a request if the elector submits a	11965
signed voter registration form at any place outside the elector's	11966
current county of registration, and that form is provided to the	11967
secretary of state or a board of elections.	11968

(2) The filing of a notice of the death of the registered	11969
elector as provided in division (F) of this section or the filing	11970
of an official notice of death of the registered elector with the	11971
board of elections by the chief health officer of a jurisdiction	11972
outside of Ohio;	11973

(3) The conviction of the registered elector of a felony	11974
under the laws of this state, any other state, or the United	11975
States as provided in section 2961.01 of the Revised Code;	11976

~~(3)~~(4) The adjudication of incompetency of the registered	11977
elector for the purpose of voting as provided in section 5122.301	11978
of the Revised Code;	11979

(5) The change of residence of the registered elector to a	11980
location outside the county of registration in accordance with	11981
division (B) of this section;	11982

(6) The failure of the registered elector, after having been	11983
mailed a confirmation notice, to do either of the following:	11984

(a) Respond to such a notice and vote at least once during a	11985
period of four consecutive years, which period shall include two	11986
general federal elections;	11987

(b) Update the elector's registration and vote at least once	11988
during a period of four consecutive years, which period shall	11989
include two general federal elections.	11990

(B)(1) The secretary of state shall prescribe procedures to	11991
identify and cancel the registration in a prior county of	11992
residence of any registrant who changes the registrant's voting	11993
residence to a location outside the registrant's current county of	11994
registration. Any procedures prescribed in this division shall be	11995
uniform and nondiscriminatory, and shall comply with the Voting	11996
Rights Act of 1965. The secretary of state may prescribe	11997
procedures under this division that include the use of the	11998
national change of address service provided by the United States	11999
postal system through its licensees. Any program so prescribed	12000
shall be completed not later than ninety days prior to the date of	12001
any primary or general election for federal office.	12002

(2) The registration of any elector identified as having	12003
changed the elector's voting residence to a location outside the	12004
elector's current county of registration shall not be canceled	12005
unless the registrant is sent a confirmation notice on a form	12006
prescribed by the secretary of state and the registrant fails to	12007
respond to the confirmation notice or otherwise update the	12008
registration and fails to vote in any election during the period	12009
of two federal elections subsequent to the mailing of the	12010
confirmation notice.	12011

(C) The registration of a registered elector shall not be	12012
canceled except as provided in this section, division (Q) of	12013
section 3501.05 of the Revised Code, ~~division (C)(2) of section~~	12014
~~3503.19 of the Revised Code,~~ or division ~~(C)~~(E) of section 3503.24	12015
of the Revised Code.	12016

(D) Boards of elections shall send their voter registration	12017
information to the secretary of state as required under section	12018
3503.15 of the Revised Code. In the first quarter of each	12019
odd-numbered year, the secretary of state shall send the	12020
information to the national change of address service described in	12021
division (B) of this section and request that service to provide	12022
the secretary of state with a list of any voters sent by the	12023
secretary of state who have moved within the last thirty-six	12024
months. The secretary of state shall transmit to each appropriate	12025
board of elections whatever lists the secretary of state receives	12026
from that service. The board shall send a notice to each person on	12027
the list transmitted by the secretary of state requesting	12028
confirmation of the person's change of address, together with a	12029
postage prepaid, preaddressed return envelope containing a form on	12030
which the voter may verify or correct the change of address	12031
information.	12032

(E) The registration of a registered elector described in	12033
division (A)(6) or (B)(2) of this section shall be canceled not	12034
later than one hundred twenty days after the date of the second	12035
general federal election in which the elector fails to vote or not	12036
later than one hundred twenty days after the expiration of the	12037
four-year period in which the elector fails to vote or respond to	12038
a confirmation notice, whichever is later.	12039

(F)(1) The chief health officer of each political subdivision	12040
and the state director of health shall file with the board of	12041
elections, at least once each month, the names, dates of birth,	12042
dates of death, and residence addresses of all Ohio residents,	12043
over eighteen years of age, who have been reported as deceased	12044
within such subdivision or within this state or another state,	12045
respectively, within such month.	12046

(2) At least once each month the probate judge shall file	12047
with the board of elections the names and residence addresses of	12048
all persons over eighteen years of age who have been adjudicated	12049
incompetent for the purpose of voting, as provided in section	12050
5122.301 of the Revised Code.	12051

(3) At least once each month the clerk of the court of	12052
common pleas shall file with the board of elections the names and	12053
residence addresses of all persons who, in the previous month,	12054
have been convicted of crimes under the laws of this state and	12055
thus scheduled for incarceration. The board of elections shall	12056
compile from that filing a list of persons who have been convicted	12057
and incarcerated for crimes under the laws of this state that	12058
disenfranchise an elector under section 2961.01 of the Revised	12059
Code. Reports of conviction and incarceration of crimes under	12060
the laws of the United States that would disenfranchise an	12061
elector and that are provided to the secretary of state by any	12062
United States attorney shall be forwarded by the secretary of	12063
state to the appropriate board of elections.	12064

(4) Upon receipt of any report described in division (F)(1),	12065
(2), or (3) of this section, the board of elections shall	12066
promptly cancel the registration of the elector and record the	12067
reason for the cancellation. If the report contains a residence	12068
address of an elector in a county other than the county in	12069
which the board of elections is located, the director shall	12070
promptly send a copy of the report to the appropriate board of	12071
elections, which shall cancel the registration and record the	12072
reason for the cancellation.	12073

Sec. 3503.22. (A) Sixty days prior to the day of a general	12074
election and sixty days prior to the day of a primary election in	12075
an even-numbered year, each board of elections shall send to the	12076
secretary of state a list of all individuals in the county who	12077
failed to respond to a confirmation notice or whose voter	12078
registration was canceled in the previous twelve months. The list	12079
shall include, at a minimum, the full name, address, including	12080
city, county, state, and zip code, and precinct for each	12081
individual voter, along with the reason that the individual is	12082
included on the list.	12083

(B) Not less than fifty days before the day of the election,	12084
the secretary of state shall aggregate the information provided by	12085
boards of elections under division (A) of this section and make	12086
the aggregated information available for public inspection on the	12087
secretary of state's web site.	12088

(C) The secretary of state may establish uniform categories	12089
for lists prepared under division (A) of this section and uniform	12090
standards for sending those lists to the secretary of state, which	12091
boards of elections shall follow in compiling and sending those	12092
lists.	12093

Sec. 3503.24. (A) Application for the correction of any	12094
precinct registration list or a challenge of the right to vote of	12095
any registered elector may be made by any qualified elector of the	12096
county at the office of the board of elections not later than	12097
twenty days prior to the election. The ~~applications~~application or	12098
~~challenges~~challenge, with the reasons for the application or	12099
challenge, shall be filed with the board on a form prescribed by	12100
the secretary of state and shall be signed under penalty of	12101
election falsification.	12102

(B) A challenge to an elector's right to vote shall be	12103
considered by the board of elections only if the elector is being	12104
challenged on any of the following grounds:	12105

(1) That the person is not a resident of the precinct in	12106
which the person is registered to vote;	12107

(2) That the person is not a citizen of the United States;

12108

(3) That the person is not eighteen years of age or older;

12109

(4) That the person is not a qualified elector for that	12110
election;	12111

(5) That the person is not the elector that the person	12112
purports to be.	12113

Challenges shall be made only if the challenger knows or	12114
reasonably believes that the challenged elector is not qualified	12115
and entitled to vote.	12116

(C) On receiving an application or challenge filed under this	12117
section, the board of elections promptly shall review the board's	12118
records. If the board is able to determine that ~~an application or~~	12119
a challenge should be ~~granted or~~ denied solely on the basis of the	12120
records maintained by the board, the board immediately shall vote	12121
to ~~grant or~~ deny that ~~application or~~ challenge.	12122

~~If the board is not able to determine whether an application~~	12123
~~or challenge should be granted or denied solely on the basis of~~	12124
~~the records maintained by the board~~If the board is able to	12125
determine that an application for the correction of any precinct	12126
registration list should be granted solely on the basis of the	12127
records maintained by the board, the board immediately shall vote	12128
to grant that application.	12129

Otherwise, the director shall promptly set a time and date	12130
for a hearing before the board. ~~Except as otherwise provided in~~	12131
~~division (D) of this section, the~~The hearing shall be held, and	12132
the application or challenge shall be decided, no later than ten	12133
days after the board receives the application or challenge. The	12134
director shall send written notice to any elector whose right to	12135
vote is challenged and to any person whose name is alleged to have	12136
been omitted from a registration list. The notice shall inform the	12137
person of ~~the time and date of the hearing, and of the person's~~	12138
~~right to appear and testify, call witnesses, and be represented by~~	12139
~~counsel. The~~all of the following:	12140

(1) That an application for the correction of a precinct	12141
registration list or a challenge of the right to vote of the	12142
registered elector has been made;	12143

(2) The name of the person submitting the application or	12144
challenge, as applicable, which shall be accompanied by a copy of	12145
the application or challenge form submitted to the board;	12146

(3) The time, date, and place of the hearing;

12147

(4) That the elector has a right to appear and testify at the	12148
public hearing and present evidence relevant to the challenge or	12149
application;	12150

(5) That the elector has a right to call and subpoena	12151
witnesses to appear at the hearing;	12152

(6) That the elector has a right to be represented by counsel	12153
at the hearing and may cross-examine witnesses;	12154

(7) That, at the conclusion of the hearing, the cancellation	12155
of the voter's registration or correction of the precinct	12156
registration list requires a majority vote of the members of the	12157
board of elections.	12158

The notice shall be sent by first class mail no later than	12159
~~three~~seven days before the day of any scheduled hearing. The	12160
director shall also provide the person who filed the application	12161
or challenge with ~~such~~the same written notice ~~of the date and~~	12162
~~time of the hearing~~.	12163

At the request of either party or any member of the board,	12164
the board shall issue subpoenas to witnesses to appear and testify	12165
before the board at a hearing held under this section. All	12166
witnesses shall testify under oath. ~~The~~	12167

(D) The board shall reach a decision on all applications and	12168
challenges immediately after hearing. A public vote of three	12169
members of the board shall be necessary to uphold a challenge on	12170
a person's right to vote or to correct a precinct registration	12171
list under this section. In the case of a tie vote or	12172
disagreement in the board, the board shall submit the matter and	12173
all related materials to the secretary of state in accordance	12174
with division (X) of section 3501.11 of the Revised Code.	12175

~~(C)~~(E) If the board decides that any such person is not	12176
entitled to have the person's name on the registration list, the	12177
person's name shall be removed from the list and the person's	12178
registration forms canceled. If the board decides that the name of	12179
any such person should appear on the registration list, it shall	12180
be added to the list, and the person's registration forms placed	12181
in the proper registration files. All such corrections and	12182
additions shall be made on a copy of the precinct lists, which	12183
shall constitute the poll lists, to be furnished to the respective	12184
precincts with other election supplies on the day preceding the	12185
election, to be used by the election officials in receiving the	12186
signatures of voters and in checking against the registration	12187
forms.	12188

~~(D)(1) If an application or challenge for which a hearing is~~	12189
~~required to be conducted under division (B) of this section is~~	12190
~~filed after the thirtieth day before the day of an election, the~~	12191
~~board of elections, in its discretion, may postpone that hearing~~	12192
~~and any notifications of that hearing until after the day of the~~	12193
~~election. Any hearing postponed under this division shall be~~	12194
~~conducted not later than ten days after the day of the election.~~	12195

~~(2) The board of elections shall cause the name of any~~	12196
~~registered elector whose registration is challenged and whose~~	12197
~~challenge hearing is postponed under division (D)(1) of this~~	12198
~~section to be marked in the official registration list and in the~~	12199
~~poll list or signature pollbook for that elector's precinct to~~	12200
~~indicate that the elector's registration is subject to challenge.~~	12201

~~(3) Any elector who is the subject of an application or~~	12202
~~challenge hearing that is postponed under division (D)(1) of this~~	12203
~~section shall be permitted to vote a provisional ballot under~~	12204
~~section 3505.181 of the Revised Code. The validity of a~~	12205
~~provisional ballot cast pursuant to this section shall be~~	12206
~~determined in accordance with section 3505.183 of the Revised~~	12207
~~Code, except that no such provisional ballot shall be counted~~	12208
~~unless the hearing conducted under division (B) of this section~~	12209
~~after the day of the election results in the elector's inclusion~~	12210
~~in the official registration list.~~	12211

(F) The person challenging an elector's right to vote bears	12212
the burden of proving, by clear and convincing evidence, that the	12213
challenged elector's registration should be canceled.	12214

Sec. 3503.28. (A) The secretary of state shall develop an	12215
information brochure regarding voter registration. The brochure	12216
shall include, but is not limited to, all of the following	12217
information:	12218

(1) The applicable deadlines for registering to vote or for	12219
returning an applicant's completed registration form;	12220

(2) The applicable deadline for returning an applicant's	12221
completed registration form if the person returning the form is	12222
being compensated for registering voters;	12223

(3) The locations to which a person may return an applicant's	12224
completed registration form;	12225

(4) The location to which a person who is compensated for	12226
registering voters may return an applicant's completed	12227
registration form;	12228

(5) The registration and affirmation requirements applicable	12229
to persons who are compensated for registering voters under	12230
section 3503.29 of the Revised Code;	12231

(6) A notice, which shall be written in bold type, stating as	12232
follows:	12233

"Voters must bring identification to the polls in order to	12234
verify identity. Identification may include a current and valid	12235
photo identification issued by the state or an Ohio agency or	12236
political subdivision of the state, an institution of higher	12237
education, or the United States government, or an affirmation of	12238
the voter's identity. Identification for a first-time voter who	12239
registered to vote by mail, did not include proper identification	12240
with the registration application, and has not previously voted in	12241
a federal election in Ohio may include a current and valid photo	12242
identification, a military identification, or a copy of a current	12243
utility bill, bank statement, government check, paycheck, or	12244
other government document~~, other than a notice of an election or~~	12245
~~a voter registration notification sent by a board of elections,~~	12246
that shows the voter's name and current address. Voters who do	12247
not have or who do not provide one of these documents will still	12248
be able to vote ~~by providing the last four digits of the voter's~~	12249
~~social security number and~~ by casting a provisional ballot.	12250
~~Voters who do not have any of the above forms of identification,~~	12251
~~including a social security number, will still be able to vote by~~	12252
~~signing an affirmation swearing to the voter's identity under~~	12253
~~penalty of election falsification and by casting a provisional~~	12254
~~ballot.~~"	12255

(B) Except as otherwise provided in division (D) of this	12256
section, a board of elections, designated agency, public high	12257
school, public vocational school, public library, office of a	12258
county treasurer, or deputy registrar of motor vehicles shall	12259
distribute a copy of the brochure developed under division (A) of	12260
this section to any person who requests more than two voter	12261
registration forms at one time.	12262

(C)(1) The secretary of state shall provide the information	12263
required to be included in the brochure developed under division	12264
(A) of this section to any person who prints a voter registration	12265
form that is made available on a web site of the office of the	12266
secretary of state.	12267

(2) If a board of elections operates and maintains a web	12268
site, the board shall provide the information required to be	12269
included in the brochure developed under division (A) of this	12270
section to any person who prints a voter registration form that is	12271
made available on that web site.	12272

(D) A board of elections shall not be required to distribute	12273
a copy of a brochure under division (B) of this section to any of	12274
the following officials or employees who are requesting more than	12275
two voter registration forms at one time in the course of the	12276
official's or employee's normal duties:	12277

(1) An election official;

12278

(2) A county treasurer;

12279

(3) A deputy registrar of motor vehicles;

12280

(4) An employee of a designated agency;

12281

(5) An employee of a public high school;

12282

(6) An employee of a public vocational school;

12283

(7) An employee of a public library;

12284

(8) An employee of the office of a county treasurer;

12285

(9) An employee of the bureau of motor vehicles;

12286

(10) An employee of a deputy registrar of motor vehicles;

12287

(11) An employee of an election official.

12288

(E) As used in this section, "registering voters" includes	12289
any effort, for compensation, to provide voter registration forms	12290
or to assist persons in completing or returning those forms.	12291

Sec. 3505.01. (A)(1) Except as otherwise provided in section	12292
3519.08 of the Revised Code, on the ~~sixtieth~~seventieth day before	12293
the day of the next general election, the secretary of state shall	12294
certify to the board of elections of each county the forms of the	12295
official ballots to be used at that general election, together	12296
with the names of the candidates to be printed on those ballots	12297
whose candidacy is to be submitted to the electors of the entire	12298
state. ~~In the case of the presidential ballot for a general~~	12299
~~election, that certification shall be made on the fifty-fifth day~~	12300
~~before the day of the general election.~~ On the ~~seventy-fifth~~	12301
seventieth day before a special election to be held on the day	12302
specified by division (E) of section 3501.01 of the Revised Code	12303
for the holding of a primary election, designated by the general	12304
assembly for the purpose of submitting to the voters of the state	12305
constitutional amendments proposed by the general assembly, the	12306
secretary of state shall certify to the board of elections of each	12307
county the forms of the official ballots to be used at that	12308
election.	12309

(2) The board of the most populous county in each district	12310
comprised of more than one county but less than all of the	12311
counties of the state, in which there are candidates whose	12312
candidacies are to be submitted to the electors of that district,	12313
shall, on the ~~sixtieth~~seventieth day before the day of the next	12314
general election, certify to the board of each county in the	12315
district the names of those candidates to be printed on such	12316
ballots.	12317

(3) The board of a county in which the major portion of a	12318
subdivision, located in more than one county, is located shall, on	12319
the ~~sixtieth~~seventieth day before the day of the next general	12320
election, certify to the board of each county in which other	12321
portions of that subdivision are located the names of candidates	12322
whose candidacies are to be submitted to the electors of that	12323
subdivision, to be printed on such ballots.	12324

(B) If, subsequently to the ~~sixtieth~~seventieth day before,	12325
~~or in the case of a presidential ballot for a general election the~~	12326
~~fifty-fifth day before,~~ and prior to the tenth day before the day	12327
of a general election, a certificate is filed with the secretary	12328
of state to fill a vacancy caused by the death of a candidate, the	12329
secretary of state shall forthwith make a supplemental	12330
certification to the board of each county amending and correcting	12331
the secretary of state's original certification provided for in	12332
the first paragraph of this section. If, within that time, such a	12333
certificate is filed with the board of the most populous county in	12334
a district comprised of more than one county but less than all of	12335
the counties of the state, or with the board of a county in which	12336
the major portion of the population of a subdivision, located in	12337
more than one county, is located, the board with which the	12338
certificate is filed shall forthwith make a supplemental	12339
certification to the board of each county in the district or to	12340
the board of each county in which other portions of the	12341
subdivision are located, amending and correcting its original	12342
certification provided for in ~~the second and third paragraphs~~	12343
division (A)(2) or (3) of this section. If, at the time such	12344
supplemental certification is received by a board, ballots	12345
carrying the name of the deceased candidate have been printed, the	12346
board shall cause strips of paper bearing the name of the	12347
candidate certified to fill the vacancy to be printed and pasted	12348
on those ballots so as to cover the name of the deceased	12349
candidate, except that in voting places using marking devices, the	12350
board shall cause strips of paper bearing the revised list of	12351
candidates for the office, after certification of a candidate to	12352
fill the vacancy, to be printed and pasted on the ballot cards so	12353
as to cover the names of candidates shown prior to the new	12354
certification, before such ballots are delivered to electors.	12355

Sec. 3505.03. On the office type ballot shall be printed the	12356
names of all candidates for election to offices, except judicial	12357
offices, who were nominated at the most recent primary election as	12358
candidates of a political party or who were nominated in	12359
accordance with section 3513.02 of the Revised Code, and the names	12360
of all candidates for election to offices who were nominated by	12361
nominating petitions, except candidates for judicial offices, for	12362
member of the state board of education, for member of a board of	12363
education, for municipal offices, and for township offices.	12364

The face of the ballot below the stub shall be substantially	12365
in the following form:	12366

"~~OFFICIAL OFFICE TYPE BALLOT~~ Official Office Type Ballot	12367

(A) To vote ~~for a candidate record~~, mark your ~~vote in the~~	12368
~~manner provided~~choice next to the candidate's name ~~of such~~	12369
~~candidate~~.	12370

(B) If you ~~tear, soil, deface, or erroneously mark this~~	12371
~~ballot, return it to the precinct election officers or, if you~~	12372
~~cannot return it, notify the precinct election officers, and~~	12373
~~obtain another ballot~~make a mistake or want to change your vote,	12374
ask an election official for a new ballot. You may ask for a new	12375
ballot up to two times."	12376

The order in which the offices shall be listed on the ballot	12377
shall be prescribed by, and certified to each board of elections	12378
by, the secretary of state; provided that for state, district, and	12379
county offices the order from top to bottom shall be as follows:	12380
governor and lieutenant governor, attorney general, auditor of	12381
state, secretary of state, treasurer of state, United States	12382
senator, representative to congress, state senator, state	12383
representative, county commissioner, county auditor, prosecuting	12384
attorney, clerk of the court of common pleas, sheriff, county	12385
recorder, county treasurer, county engineer, and coroner. The	12386
offices of governor and lieutenant governor shall be printed on	12387
the ballot in a manner that requires a voter to cast one vote	12388
jointly for the candidates who have been nominated by the same	12389
political party or petition.	12390

The names of all candidates for an office shall be arranged	12391
in a group under the title of that office, and, except for	12392
~~absentee~~absent voter's ballots or when the number of candidates	12393
for a particular office is the same as the number of candidates to	12394
be elected for that office, shall be rotated from one precinct to	12395
another. On ~~absentee~~absent voter's ballots, the names of all	12396
candidates for an office shall be arranged in a group under the	12397
title of that office and shall be so alternated that each name	12398
shall appear, insofar as may be reasonably possible, substantially	12399
an equal number of times at the beginning, at the end, and in each	12400
intermediate place, if any, of the group in which such name	12401
belongs, unless the number of candidates for a particular office	12402
is the same as the number of candidates to be elected for that	12403
office.	12404

The method of printing the ballots to meet the rotation	12405
requirement of this section shall be as follows: the least common	12406
multiple of the number of names in each of the several groups of	12407
candidates shall be used, and the number of changes made in the	12408
printer's forms in printing the ballots shall correspond with that	12409
multiple. The board of elections shall number all precincts in	12410
regular serial sequence. In the first precinct, the names of the	12411
candidates in each group shall be listed in alphabetical order. In	12412
each succeeding precinct, the name in each group that is listed	12413
first in the preceding precinct shall be listed last, and the name	12414
of each candidate shall be moved up one place. In each precinct	12415
using paper ballots, the printed ballots shall then be assembled	12416
in tablets. ~~Under~~	12417

The title of each office and the name of each candidate shall	12418
be printed flush left and shall not be centered on the ballot or	12419
in any column appearing on the ballot. The name of each candidate	12420
shall be printed using standard capitalization in accordance with	12421
instructions provided by the secretary of state and shall not be	12422
printed using all capital letters.	12423

Except as otherwise provided in any section of the Revised	12424
Code, the names of candidates for nomination or election to the	12425
same office shall not appear on different pages of a printed	12426
ballot. To the extent practical, the names of candidates for	12427
nomination or election to the same office shall not appear in	12428
different columns on the same page.	12429

Except as otherwise provided in any section of the Revised	12430
Code, the names of candidates for nomination or election to the	12431
same office shall not appear on different ballot screens on direct	12432
recording electronic voting machines. To the extent practical, the	12433
names of candidates for the same office shall not appear in	12434
different columns on the same screen.	12435

Under the name of each candidate nominated at a primary	12436
election ~~and each candidate~~nominated pursuant to section 3513.02	12437
of the Revised Code, or certified by a party committee to fill a	12438
vacancy under section 3513.31 of the Revised Code shall be	12439
printed, in less prominent type face than that in which the	12440
candidate's name is printed, the name of the political party by	12441
which the candidate was nominated or certified. Under the name of	12442
each candidate appearing on the ballot who filed a nominating	12443
petition and requested a ballot designation as a nonparty	12444
candidate under section 3513.257 of the Revised Code shall be	12445
printed, in less prominent type face than that in which the	12446
candidate's name is printed, the designation of "nonparty	12447
candidate." Under the name of each candidate appearing on the	12448
ballot who filed a nominating petition and requested a ballot	12449
designation as an other-party candidate under section 3513.257 of	12450
the Revised Code shall be printed, in less prominent type face	12451
than that in which the candidate's name is printed, the	12452
designation of "other-party candidate." No designation shall	12453
appear under the name of a candidate appearing on the ballot who	12454
filed a nominating petition and requested that no ballot	12455
designation appear under the candidate's name under section	12456
3513.257 of the Revised Code, or who filed a nominating petition	12457
and failed to request a ballot designation either as a nonparty	12458
candidate or as an other-party candidate under that section.	12459

Except as provided in this section, no words, designations,	12460
or emblems descriptive of a candidate or the candidate's political	12461
affiliation, or indicative of the method by which the candidate	12462
was nominated or certified, shall be printed under or after a	12463
candidate's name that is printed on the ballot.	12464

Sec. 3505.04. On the nonpartisan ballot shall be printed the	12465
names of all nonpartisan candidates for election to judicial	12466
office, office of member of the state board of education, office	12467
of member of a board of education, municipal or township offices	12468
for municipal corporations and townships in which primary	12469
elections are not held for nomination of candidates by political	12470
parties, and municipal offices of municipal corporations having	12471
charters which provide for separate ballots for elections for such	12472
municipal offices.	12473

Such ballots shall have printed across the top, and below the	12474
stubs, "Official Nonpartisan Ballot."	12475

The order in which the offices are listed on the ballot shall	12476
be prescribed by, and certified to each board of elections by, the	12477
secretary of state; provided that the office of member of the	12478
state board of education shall be listed first on the ballot, then	12479
state, district, and county judicial offices shall be listed on	12480
the ballot in such order, followed by municipal and township	12481
offices, and by offices of member of a board of education, in the	12482
order stated.	12483

Within the rectangular space within which the title of each	12484
judicial office is printed on the ballot and immediately below	12485
such title shall be printed the date of the commencement of the	12486
term of the office, if a full term, as follows: "Full term	12487
commencing .......(Date).......," or the date of the end of the	12488
term of the office, if an unexpired term, as follows: "Unexpired	12489
term ending .......(Date)........"	12490

The secretary of state shall prescribe the information and	12491
directions to the voter to be printed on the ballot within the	12492
rectangular space in which the title of office of member of the	12493
state board of education appears.	12494

Within the rectangular space within which the title of each	12495
office for member of a board of education is printed on the ballot	12496
shall be printed "For Member of Board of Education," and the	12497
number to be elected, directions to the voter as to voting for	12498
one, two, or more, and, if the office to be voted for is member of	12499
a board of education of a city school district, words shall be	12500
printed in said space on the ballot to indicate whether candidates	12501
are to be elected from subdistricts or at large.	12502

The names of all nonpartisan candidates for an office shall	12503
be arranged in a group under the title of that office, and shall	12504
be rotated and printed on the ballot as provided in section	12505
3505.03 of the Revised Code.	12506

The title of each office and the name of each candidate shall	12507
be printed flush left and shall not be centered on the ballot or	12508
in any column appearing on the ballot. The name of each candidate	12509
shall be printed using standard capitalization in accordance with	12510
instructions provided by the secretary of state and shall not be	12511
printed using all capital letters. No name or designation of any	12512
political party nor any words, designations, or emblems	12513
descriptive of a candidate or ~~his~~the candidate's political	12514
affiliation, or indicative of the method by which such candidate	12515
was nominated or certified, shall be printed under or after any	12516
nonpartisan candidate's name which is printed on the ballot.	12517

Sec. 3505.06. (A) On the questions and issues ballot shall	12518
be printed all questions and issues to be submitted at any one	12519
election together with the percentage of affirmative votes	12520
necessary for passage as required by law. Such ballot shall have	12521
printed across the top thereof, and below the stubs, "Official	12522
Questions and Issues Ballot."	12523

(B)(1) Questions and issues shall be grouped together on the	12524
ballot from top to bottom as provided in division (B)(1) of this	12525
section, except as otherwise provided in division (B)(2) of this	12526
section. State questions and issues shall always appear as the top	12527
group of questions and issues. In calendar year 1997, the	12528
following questions and issues shall be grouped together on the	12529
ballot, in the following order from top to bottom, after the state	12530
questions and issues:	12531

(a) County questions and issues;

12532

(b) Municipal questions and issues;

12533

12534

(d) School or other district questions and issues.

12535

In each succeeding calendar year after 1997, each group of	12536
questions and issues described in division (B)(1)(a) to (d) of	12537
this section shall be moved down one place on the ballot except	12538
that the group that was last on the ballot during the immediately	12539
preceding calendar year shall appear at the top of the ballot	12540
after the state questions and issues. The rotation shall be	12541
performed only once each calendar year, beginning with the first	12542
election held during the calendar year. The rotation of groups of	12543
questions and issues shall be performed during each calendar year	12544
as required by division (B)(1) of this section, even if no	12545
questions and issues from any one or more such groups appear on	12546
the ballot at any particular election held during that calendar	12547
year.	12548

(2) Questions and issues shall be grouped together on the	12549
ballot, from top to bottom, in the following order when it is not	12550
practicable to group them together as required by division (B)(1)	12551
of this section because of the type of voting machines used by the	12552
board of elections: state questions and issues, county questions	12553
and issues, municipal questions and issues, township questions and	12554
issues, and school or other district questions and issues. The	12555
particular order in which each of a group of state questions or	12556
issues is placed on the ballot shall be determined by, and	12557
certified to each board of elections by, the secretary of state.	12558

(3) Failure of the board of elections to rotate questions and	12559
issues as required by division (B)(1) of this section does not	12560
affect the validity of the election at which the failure occurred,	12561
and is not grounds for contesting an election under section	12562
3515.08 of the Revised Code.	12563

(C) The particular order in which each of a group of county,	12564
municipal, township, or school district questions or issues is	12565
placed on the ballot shall be determined by the board providing	12566
the ballots.	12567

(D) The printed matter pertaining to each question or issue	12568
on the ballot shall be enclosed at the top and bottom thereof by a	12569
heavy horizontal line across the width of the ballot. Immediately	12570
below such top line shall be printed a brief title descriptive of	12571
the question or issue below it, such as "Proposed Constitutional	12572
Amendment," "Proposed Bond Issue," "Proposed Annexation of	12573
Territory," "Proposed Increase in Tax Rate," or such other brief	12574
title as will be descriptive of the question or issue to which it	12575
pertains, together with a brief statement of the percentage of	12576
affirmative votes necessary for passage, such as "A sixty-five per	12577
cent affirmative vote is necessary for passage," "A majority vote	12578
is necessary for passage," or such other brief statement as will	12579
be descriptive of the percentage of affirmative votes required.	12580

(E)(1) The questions and issues ballot need not contain the	12581
full text of the proposal to be voted upon. A condensed text that	12582
will properly describe the question, issue, or an amendment	12583
proposed by other than the general assembly shall be used as	12584
prepared and certified by the secretary of state for state-wide	12585
questions or issues or by the board for local questions or issues.	12586
If other than a full text is used, the full text of the proposed	12587
question, issue, or amendment together with the percentage of	12588
affirmative votes necessary for passage as required by law shall	12589
be posted in each polling place in some spot that is easily	12590
accessible to the voters.	12591

(2)(a) Except as otherwise provided in division (E)(2)(b) of	12592
this section, ballot language for any state or local question,	12593
issue, or amendment shall not exceed three hundred words.	12594

(b) Division (E)(2)(a) of this section shall not apply to any	12595
question, issue, or amendment if the Revised Code or a municipal	12596
or county charter specifies a ballot form or ballot language for	12597
that question, issue, or amendment, and the ballot form or	12598
ballot language specified in the Revised Code or a municipal or	12599
county charter exceeds three hundred words.	12600

(F) Each question and issue appearing on the questions and	12601
issues ballot may be consecutively numbered. The question or issue	12602
determined to appear at the top of the ballot may be designated on	12603
the face thereof by the Arabic numeral "1" and all questions and	12604
issues placed below on the ballot shall be consecutively numbered.	12605
Such numeral shall be placed below the heavy top horizontal line	12606
enclosing such question or issue and to the left of the brief	12607
title thereof.	12608

Sec. 3505.062. The Ohio ballot board shall do all of the	12609
following:	12610

(A) Examine, within ten days after its receipt, each written	12611
initiative petition received from the attorney general under	12612
section 3519.01 of the Revised Code to determine whether it	12613
contains only one proposed law or constitutional amendment so as	12614
to enable the voters to vote on a proposal separately. If the	12615
board so determines, it shall certify its approval to the attorney	12616
general, who then shall file with the secretary of state in	12617
accordance with division (A) of section 3519.01 of the Revised	12618
Code a verified copy of the proposed law or constitutional	12619
amendment together with its summary and the attorney general's	12620
certification of it.	12621

If the board determines that the initiative petition contains	12622
more than one proposed law or constitutional amendment, the board	12623
shall divide the initiative petition into individual petitions	12624
containing only one proposed law or constitutional amendment so as	12625
to enable the voters to vote on each proposal separately and	12626
certify its approval to the attorney general. If the board so	12627
divides an initiative petition and so certifies its approval to	12628
the attorney general, the petitioners shall resubmit to the	12629
attorney general appropriate summaries for each of the individual	12630
petitions arising from the board's division of the initiative	12631
petition, and the attorney general then shall review the	12632
resubmissions as provided in division (A) of section 3519.01 of	12633
the Revised Code.	12634

(B) Prescribe the ballot language for constitutional	12635
amendments proposed by the general assembly to be printed on the	12636
questions and issues ballot, which language shall properly	12637
identify the substance of the proposal to be voted upon but shall	12638
not exceed three hundred words;	12639

(C) Prepare an explanation of each constitutional amendment	12640
proposed by the general assembly, which explanation may include	12641
the purpose and effects of the proposed amendment;	12642

(D) Certify the ballot language and explanation, if any, to	12643
the secretary of state no later than seventy-five days before the	12644
election at which the proposed question or issue is to be	12645
submitted to the voters;	12646

(E) Prepare, or designate a group of persons to prepare,	12647
arguments in support of or in opposition to a constitutional	12648
amendment proposed by a resolution of the general assembly, a	12649
constitutional amendment or state law proposed by initiative	12650
petition, or a state law, or section or item of state law, subject	12651
to a referendum petition, if the persons otherwise responsible for	12652
the preparation of those arguments fail to timely prepare and file	12653
them;	12654

(F) Direct the means by which the secretary of state shall	12655
disseminate information concerning proposed constitutional	12656
amendments, proposed laws, and referenda to the voters;	12657

(G) Direct the secretary of state to contract for the	12658
publication in a newspaper of general circulation in each county	12659
in the state of the ballot language, explanations, and arguments	12660
regarding each of the following:	12661

(1) A constitutional amendment or law proposed by initiative	12662
petition under Section 1g of Article II of the Ohio Constitution;	12663

(2) A law, section, or item of law submitted to the electors	12664
by referendum petition under Section 1g of Article II of the Ohio	12665
Constitution;	12666

(3) A constitutional amendment submitted to the electors by	12667
the general assembly under Section 1 of Article XVI of the Ohio	12668
Constitution.	12669

Sec. 3505.08. (A) Ballots shall be provided by the board of	12670
elections for all general and special elections. The ballots shall	12671
be printed with black ink on No. 2 white book paper fifty pounds	12672
in weight per ream assuming such ream to consist of five hundred	12673
sheets of such paper twenty-five by thirty-eight inches in size.	12674
Each ballot shall have attached at the top two stubs, each of the	12675
width of the ballot and not less than one-half inch in length,	12676
except that, if the board of elections has an alternate method to	12677
account for the ballots that the secretary of state has	12678
authorized, each ballot may have only one stub that shall be the	12679
width of the ballot and not less than one-half inch in length. In	12680
the case of ballots with two stubs, the stubs shall be separated	12681
from the ballot and from each other by perforated lines. The top	12682
stub shall be known as Stub B and shall have printed on its face	12683
"Stub B." The other stub shall be known as Stub A and shall have	12684
printed on its face "Stub A." Each stub shall also have printed on	12685
its face "Consecutive Number .........."	12686

Each ballot of each kind of ballot provided for use in each	12687
precinct shall be numbered consecutively beginning with number 1	12688
by printing such number upon both of the stubs attached to the	12689
ballot. ~~On ballots bearing the names of candidates, each~~	12690
~~candidate's name shall be printed in twelve point boldface upper~~	12691
~~case type in an enclosed rectangular space, and an enclosed blank~~	12692
~~rectangular space shall be provided at the left of the candidate's~~	12693
~~name. The name of the political party of a candidate nominated at~~	12694
~~a primary election or certified by a party committee shall be~~	12695
~~printed in ten point lightface upper and lower case type and shall~~	12696
~~be separated by a two point blank space. The name of each~~	12697
~~candidate shall be indented one space within the enclosed~~	12698
~~rectangular space, and the name of the political party shall be~~	12699
~~indented two spaces within the enclosed rectangular space.~~	12700

~~The title of each office on the ballots shall be printed in~~	12701
~~twelve point boldface upper and lower case type in a separate~~	12702
~~enclosed rectangular space. A four point rule shall separate the~~	12703
~~name of a candidate or a group of candidates for the same office~~	12704
~~from the title of the office next appearing below on the ballot; a~~	12705
~~two point rule shall separate the title of the office from the~~	12706
~~names of candidates; and a one point rule shall separate names of~~	12707
~~candidates. Headings shall be printed in display Roman type. When~~	12708
~~the names of several candidates are grouped together as candidates~~	12709
~~for the same office, there shall be printed on the ballots~~	12710
~~immediately below the title of the office and within the separate~~	12711
~~rectangular space in which the title is printed "Vote for not more~~	12712
~~than ........," in six point boldface upper and lower case filling~~	12713
~~the blank space with that number which will indicate the number of~~	12714
~~persons who may be lawfully elected to the office.~~	12715

~~Columns on ballots shall be separated from each other by a~~	12716
~~heavy vertical border or solid line at least one-eighth of an inch~~	12717
~~wide, and a similar vertical border or line shall enclose the left~~	12718
~~and right side of ballots. Ballots shall be trimmed along the~~	12719
~~sides close to such lines.~~	12720

The ballots provided for by this section shall be comprised	12721
of four kinds of ballots designated as follows: office type	12722
ballot; nonpartisan ballot; questions and issues ballot; and	12723
presidential ballot.	12724

On ~~the back of~~ each office type ballot shall be printed	12725
"Official Office Type Ballot;" on ~~the back of~~ each nonpartisan	12726
ballot shall be printed "Official Nonpartisan Ballot;" on ~~the back~~	12727
of each questions and issues ballot shall be printed "Official	12728
Questions and Issues Ballot;" and on ~~the back of~~ each presidential	12729
ballot shall be printed "Official Presidential Ballot." On ~~the~~	12730
~~back of~~ every ballot also shall be printed the date of the	12731
election at which the ballot is used and the facsimile signatures	12732
of the members of the board of the county in which the ballot is	12733
used. For the purpose of identifying the kind of ballot, ~~the back~~	12734
of every ballot may be numbered in the order the board shall	12735
determine. The numbers shall be printed in not less than	12736
thirty-six point type above the words "Official Office Type	12737
Ballot," "Official Nonpartisan Ballot," "Official Questions and	12738
Issues Ballot," or "Official Presidential Ballot," as the case may	12739
be. Ballot boxes bearing corresponding numbers shall be furnished	12740
for each precinct in which the above-described numbered ballots	12741
are used.	12742

On ~~the back of~~ every ballot used, there shall be a solid	12743
black line printed opposite the blank rectangular space that is	12744
used to mark the choice of the voter. This line shall be printed	12745
wide enough so that the mark in the blank rectangular space will	12746
not be visible from the back side of the ballot.	12747

Sample ballots may be printed by the board of elections for	12748
all general elections. The ballots shall be printed on colored	12749
paper, and "Sample Ballot" shall be plainly printed in boldface	12750
type on the face of each ballot. ~~In counties of less than one~~	12751
~~hundred thousand population, the board may print not more than~~	12752
~~five hundred sample ballots; in all other counties, it may print~~	12753
~~not more than one thousand sample ballots.~~ The sample ballots	12754
shall not be distributed by a political party or a candidate, nor	12755
shall a political party or candidate cause their title or name to	12756
be imprinted on sample ballots.	12757

(B) Notwithstanding division (A) of this section, in	12758
approving the form of an official ballot, the secretary of state	12759
may authorize the use of fonts, type face settings, and ballot	12760
formats other than those prescribed in that division.	12761

Sec. 3505.10. (A) On the presidential ballot below the stubs	12762
at the top of the face of the ballot shall be printed "Official	12763
Presidential Ballot." ~~centered between the side edges of the~~	12764
~~ballot.~~ Below "Official Presidential Ballot" shall be printed a	12765
heavy line ~~centered~~ between the side edges of the ballot. Below	12766
the line shall be printed ~~"Instruction~~instructions to ~~Voters"~~	12767
~~centered between the side edges of the ballot, and below those~~	12768
~~words shall be printed the following instructions~~voters, which	12769
shall be substantially as follows:	12770

~~"(1) To vote for the candidates for president and~~	12771
~~vice-president whose names are printed below, record your vote in~~	12772
~~the manner provided next to the names of such candidates. That~~	12773
~~recording of the vote will be counted as a vote for each of the~~	12774
~~candidates for presidential elector whose names have been~~	12775
~~certified to the secretary of state and who are members of the~~	12776
~~same political party as the nominees for president and~~	12777
~~vice-president. A recording of the vote for independent candidates~~	12778
~~for president and vice-president shall be counted as a vote for~~	12779
~~the presidential electors filed by such candidates with the~~	12780
~~secretary of state.~~	12781

~~(2) To vote for candidates for president and vice-president~~	12782
~~in the blank space below, record your vote in the manner provided~~	12783
~~and write the names of your choice for president and~~	12784
~~vice-president under the respective headings provided for those~~	12785
~~offices. Such write-in will be counted as a vote for the~~	12786
~~candidates' presidential electors whose names have been properly~~	12787
~~certified to the secretary of state.~~	12788

~~(3) If you tear, soil, deface, or erroneously mark this~~	12789
~~ballot, return it to the precinct election officers or, if you~~	12790
~~cannot return it, notify the precinct election officers, and~~	12791
~~obtain another ballot."~~	12792

"To vote for President and Vice-president, mark your choice	12793
next to the joint candidates' names."	12794

(B) Below those instructions to the voter shall be printed a	12795
single vertical column of enclosed rectangular spaces equal in	12796
number to the number of presidential candidates plus one	12797
additional space for write-in candidates. Each of those	12798
rectangular spaces shall be enclosed by a heavy line along each of	12799
its four sides, and such spaces shall be separated from each other	12800
by one-half inch of open space.	12801

In each of those enclosed rectangular spaces, except the	12802
space provided for write-in candidates, shall be printed the names	12803
of the candidates for president and vice-president certified to	12804
the secretary of state or nominated in one of the following	12805
manners:	12806

(1) Nominated by the national convention of a political party	12807
to which delegates and alternates were elected in this state at	12808
the next preceding primary election. A political party certifying	12809
candidates so nominated shall certify the names of those	12810
candidates to the secretary of state on or before the ~~sixtieth~~	12811
eighty-fifth day before the day of the general election.	12812

(2) Nominated by nominating petition in accordance with	12813
section 3513.257 of the Revised Code. Such a petition shall be	12814
filed on or before the ~~seventy-fifth~~eighty-fifth day before the	12815
day of the general election to provide sufficient time to verify	12816
the sufficiency and accuracy of signatures on it.	12817

(3) Certified to the secretary of state for placement on the	12818
presidential ballot by authorized officials of ~~an intermediate or~~	12819
a minor political party that has held a state or national	12820
convention for the purpose of choosing those candidates or that	12821
may, without a convention, certify those candidates in accordance	12822
with the procedure authorized by its party rules. The officials	12823
shall certify the names of those candidates to the secretary of	12824
state on or before the ~~sixtieth~~eighty-fifth day before the day	12825
of the general election. The certification shall be accompanied	12826
by a designation of a sufficient number of presidential	12827
electors to satisfy the requirements of law.	12828

The names of candidates for electors of president and	12829
vice-president shall not be placed on the ballot, but shall be	12830
certified to the secretary of state as required by sections	12831
3513.11 and 3513.257 of the Revised Code. A vote for any	12832
candidates for president and vice-president shall be a vote for	12833
the electors of those candidates whose names have been certified	12834
to the secretary of state.	12835

(C) The arrangement of the printing in each of the enclosed	12836
rectangular spaces shall be substantially as follows: Near the top	12837
~~and centered~~ within the rectangular space shall be printed "For	12838
President" in ten-point boldface upper and lower case type. Below	12839
"For President" shall be printed the name of the candidate for	12840
president in twelve-point boldface upper and lower case type.	12841
Below the name of the candidate for president shall be printed the	12842
name of the political party by which that candidate for president	12843
was nominated in eight-point lightface upper and lower case type.	12844
Below the name of such political party shall be printed "For	12845
Vice-President" in ten-point boldface upper and lower case type.	12846
Below "For Vice-President" shall be printed the name of the	12847
candidate for vice-president in twelve-point boldface upper and	12848
lower case type. Below the name of the candidate for	12849
vice-president shall be printed the name of the political party by	12850
which that candidate for vice-president was nominated in	12851
eight-point lightface upper and lower case type. No political	12852
identification or name of any political party shall be printed	12853
below the names of presidential and vice-presidential candidates	12854
nominated by petition. The title of each office and the name of	12855
each candidate shall be printed flush left and shall not be	12856
centered on the ballot or in any column appearing on the ballot.	12857

The rectangular spaces on the ballot described in this	12858
section shall be rotated and printed as provided in section	12859
3505.03 of the Revised Code.	12860

Sec. 3505.11. (A)(1) The ballots, with the stubs attached,	12861
shall be bound into tablets for each precinct, which tablets shall	12862
contain at least ~~one per cent more ballots than the total~~	12863
~~registration in the precinct~~the following minimum number of	12864
ballots, except as otherwise provided in ~~division~~divisions (A)(2)	12865
and (B) of this section~~. Upon~~:	12866

(a) For regular state elections when the office of the	12867
president of the United States appears on the ballot, ballots	12868
equal to at least one hundred one per cent of the total	12869
registration in the precinct;	12870

(b) For regular state elections when the office of governor	12871
appears on the ballot, ballots equal to at least one hundred one	12872
per cent of the total registration in the precinct;	12873

(c) For regular municipal elections, ballots equal to at	12874
least eighty per cent of the total registration in the precinct;	12875

(d) For primary elections and special elections held on the	12876
day of a primary election in an even-numbered year:	12877

(i) For partisan primaries, ballots equal to at least one	12878
hundred fifty per cent of the number of voters who voted in that	12879
party's primary election in the previous applicable primary	12880
election in that precinct held in an even-numbered year, or if the	12881
political party has not held a primary election in that precinct	12882
within the previous four years, ballots equal to at least fifty	12883
per cent of the number of voters who voted in any other party's	12884
primary election in the previous applicable primary election in	12885
that precinct held in an even-numbered year;	12886

(ii) For ballots containing only questions and issues,	12887
ballots equal to at least one hundred fifty per cent of the number	12888
of voters who voted only a questions and issues ballot in the	12889
previous applicable special election held on the day of a primary	12890
election held in the precinct in an even-numbered year;	12891

(e) For primary elections and special elections held on the	12892
day of a primary election in an odd-numbered year:	12893

(i) For partisan primaries, ballots equal to at least one	12894
hundred fifty per cent of the number of voters who voted in that	12895
party's primary election in the previous applicable primary	12896
election in that precinct held in an odd-numbered year, or if the	12897
political party has not held a primary election in that precinct	12898
within the previous four years, ballots equal to at least fifty	12899
per cent of the number of voters who voted in any other party's	12900
primary election in the previous applicable primary election in	12901
that precinct held in an odd-numbered year;	12902

(ii) For ballots containing only questions and issues,	12903
ballots equal to at least one hundred fifty per cent of the number	12904
of voters who voted only a questions and issues ballot in the	12905
previous applicable special election held on the day of a primary	12906
election held in the precinct in an odd-numbered year;	12907

(f) For special elections held on a day other than the day of	12908
a primary or general election, ballots equal to at least sixty per	12909
cent of the total registration in the precinct.	12910

(2) If the board of elections finds that the minimum number	12911
of ballots required for a precinct under division (A)(1) of this	12912
section is less than the number of ballots cast in that precinct	12913
in the previous applicable election, the board of elections shall	12914
provide for that precinct ballots equal to not less than one	12915
hundred twenty-five per cent of the number of ballots cast in that	12916
previous applicable election or ballots equal to not less than one	12917
hundred one per cent of the total registration in that precinct,	12918
whichever is less.	12919

If, after the board complies with the requirements of	12920
division (A)(1) of this section, the precinct election officials	12921
determine that the precinct will not have sufficient ballots to	12922
enable all the qualified electors in the precinct who wish to vote	12923
at a particular election to do so, the officials shall request	12924
that the board provide additional ballots, and the board shall	12925
provide enough additional ballots, to that precinct in a timely	12926
manner so that all qualified electors in that precinct who wish to	12927
vote at that election may do so.	12928

(3) Upon the covers of the tablets shall be written, printed,	12929
or stamped the designation of the precinct for which the ballots	12930
have been prepared. All official ballots shall be printed	12931
uniformly upon the same kind and quality of paper and shall be of	12932
the same shape, size, and type.	12933

Electors who have failed to respond within thirty days to any	12934
confirmation notice shall not be counted in determining the number	12935
of ballots to be printed under this section.	12936

(B)(1) A board of elections may choose to provide ballots on	12937
demand. If a board so chooses, the board shall have prepared for	12938
each precinct at least ~~five~~ten per cent more ballots for an	12939
election than the number specified below for that kind of	12940
election:	12941

(a) For a primary election or a special election held on the	12942
day of a primary election, the total number of electors in that	12943
precinct who voted in the primary election held four years	12944
previously;	12945

(b) For a general election or a special election held on the	12946
day of a general election, the total number of electors in that	12947
precinct who voted in the general election held four years	12948
previously;	12949

(c) For a special election held at any time other than on the	12950
day of a primary or general election, the total number of electors	12951
in that precinct who voted in the most recent primary or general	12952
election, whichever of those elections occurred in the precinct	12953
most recently.	12954

(2) If, after the board complies with the requirements of	12955
division (B)(1) of this section, the election officials of a	12956
precinct determine that the precinct will not have enough ballots	12957
to enable all the qualified electors in the precinct who wish to	12958
vote at a particular election to do so, the officials shall	12959
request that the board provide additional ballots, and the board	12960
shall provide enough additional ballots, to that precinct in a	12961
timely manner so that all qualified electors in that precinct who	12962
wish to vote at that election may do so.	12963

(3) If a board of elections decides to print ballots on	12964
demand, in addition to meeting the requirements of division (B)(1)	12965
of this section, the board shall have ready for use an amount of	12966
ballot printing paper that would allow the board to print a total	12967
number of ballots for that election equal to eighty per cent of	12968
the number of ballots required to be printed and available under	12969
division (A) of this section if the county had not decided to	12970
print ballots on demand.	12971

(C) Nothing in this section precludes a board of elections	12972
from providing more than the minimum number of ballots required	12973
for a precinct or polling location if the board of elections	12974
determines that any precinct or polling location will not have	12975
enough ballots to enable all the qualified electors in the	12976
precinct who wish to vote at a particular election to do so.	12977

Sec. 3505.12. The board of elections shall cause to be	12978
printed in English in twelve-point type on paper or cardboard	12979
instructions ~~as issued by the secretary of state~~ for the guidance	12980
of electors in marking their ballots~~. Such instructions shall~~	12981
~~inform the voters as to how to prepare the ballots for voting, how~~	12982
~~to obtain a new ballot in case of accidentally spoiling one, and,~~	12983
~~in a smaller type, a summary of the important sections of the~~	12984
~~penal law relating to crimes against the elective franchise. The~~,	12985
which shall be substantially as follows:	12986

"To vote, mark your choice next to the candidate's name or	12987
answer of your choice.	12988

If you make a mistake or want to change your vote, ask an	12989
election official for a new ballot. You may ask for a new ballot	12990
up to two times."	12991

The precinct election officials shall cause to be posted	12992
immediately in front of or on the polling place and in each voting	12993
shelf one or more of such cards of instructions.	12994

Sec. 3505.13. A contract for the printing of ballots	12995
involving a cost in excess of ~~ten~~twenty-five thousand dollars	12996
shall not be let until after five days' notice published once in a	12997
leading newspaper published in the county or upon notice given by	12998
mail by the board of elections, addressed to the responsible	12999
printing offices within the state. Except as otherwise provided in	13000
this section, each bid for such printing must be accompanied by a	13001
bond with at least two sureties, or a surety company, satisfactory	13002
to the board, in a sum double the amount of the bid, conditioned	13003
upon the faithful performance of the contract for such printing as	13004
is awarded and for the payment as damages by such bidder to the	13005
board of any excess of cost over the bid which it may be obliged	13006
to pay for such work by reason of the failure of the bidder to	13007
complete the contract. No bid unaccompanied by such bond shall be	13008
considered by the board. The board may, however, waive the	13009
requirement that each bid be accompanied by a bond if the cost of	13010
the contract is ~~ten~~twenty-five thousand dollars or less. The	13011
contract shall be let to the lowest responsible bidder in the	13012
state. All ballots shall be printed within the state.	13013

Sec. 3505.18. (A)(1) When an elector appears in a polling	13014
place to vote, the elector shall announce to the precinct election	13015
officials the elector's full name and current address and provide	13016
~~proof of the elector's identity in the form of a current and~~	13017
~~valid photo~~identification. If the elector's voter registration	13018
record is marked pursuant to section 3503.141 of the Revised Code,	13019
the elector shall provide first-time mail-in registrant	13020
identification~~, a military identification,~~ ~~or a copy of a~~	13021
~~current utility bill, bank statement, government check,~~	13022
~~paycheck, or other government document, other than a notice of~~	13023
~~an election mailed by a board of elections under section~~	13024
~~3501.19 of the Revised Code or a notice of voter registration~~	13025
~~mailed by a board of elections under section 3503.19 of the~~	13026
~~Revised Code, that shows the name and current address of the~~	13027
~~elector~~. ~~If the elector provides either a driver's license or a~~	13028
~~state identification card issued under section 4507.50 of the~~	13029
~~Revised Code that does not contain the elector's current~~	13030
~~residence address, the elector shall provide the last four~~	13031
~~digits of the elector's driver's license number or state~~	13032
~~identification card number, and the precinct election official~~	13033
~~shall mark the poll list or signature pollbook to indicate that~~	13034
~~the elector has provided a driver's license or state~~	13035
~~identification card number with a former address and record the~~	13036
~~last four digits of the elector's driver's license number or~~	13037
~~state identification card number.~~	13038

(2) ~~If an elector has but is unable to provide to the~~	13039
~~precinct election officials any of the forms of identification~~	13040
~~required under division (A)(1) of this section, but has a social~~	13041
~~security number, the elector may provide the last four digits of~~	13042
~~the elector's social security number. Upon providing the social~~	13043
~~security number information, the elector may cast a provisional~~	13044
~~ballot under section 3505.181 of the Revised Code, the envelope of~~	13045
~~which ballot shall include that social security number~~	13046
~~information.~~	13047

~~(3) If an elector has but is unable to provide to the~~	13048
~~precinct election officials any of the forms of identification~~	13049
~~required under division (A)(1) of this section and if the elector~~	13050
~~has a social security number but is unable to provide the last~~	13051
~~four digits of the elector's social security number, the elector~~	13052
~~may cast a provisional ballot under section 3505.181 of the~~	13053
~~Revised Code.~~	13054

~~(4) If an elector does not have any of the forms of~~	13055
~~identification required under division (A)(1) of this section and~~	13056
~~cannot provide the last four digits of the elector's social~~	13057
~~security number because the elector does not have a social~~	13058
~~security number, the elector may execute an affirmation under~~	13059
~~penalty of election falsification that the elector cannot provide~~	13060
~~the identification required under that division or the last four~~	13061
~~digits of the elector's social security number for those reasons.~~	13062
~~Upon signing the affirmation, the elector may cast a provisional~~	13063
~~ballot under section 3505.181 of the Revised Code. The secretary~~	13064
~~of state shall prescribe the form of the affirmation, which shall~~	13065
~~include spaces for all of the following:~~	13066

~~(a) The elector's name;~~

13067

~~(b) The elector's address;~~

13068

~~(c) The current date;~~

13069

~~(d) The elector's date of birth;~~

13070

~~(e) The elector's signature.~~

13071

~~(5) If an elector does not have any of the forms of~~	13072
~~identification required under division (A)(1) of this section and~~	13073
~~cannot provide the last four digits of the elector's social~~	13074
~~security number because the elector does not have a social~~	13075
~~security number, and if the elector declines to execute an~~	13076
~~affirmation under division (A)(4) of this section, the elector may~~	13077
~~cast a provisional ballot under section 3505.181 of the Revised~~	13078
~~Code, the envelope of which ballot shall include the elector's~~	13079
~~name.~~	13080

~~(6)~~ If an elector ~~has but~~does not have or declines to	13081
provide to the precinct election officials ~~any of~~ the ~~forms of~~	13082
identification required under division (A)(1) of this section or	13083
~~the elector has a social security number but declines to provide~~	13084
~~to the precinct election officials the last four digits of the~~	13085
~~elector's social security number~~, the elector may cast a	13086
provisional ballot under section 3505.181 of the Revised Code.	13087

(B) After the elector has announced the elector's full name	13088
and current address and provided ~~any of~~ the ~~forms of~~	13089
identification required under division (A)(1) of this section, the	13090
elector shall ~~write~~confirm the elector's name and address by	13091
signing the elector's name at the proper place in the poll list	13092
or signature pollbook provided for the purpose, except that if,	13093
for any reason, an elector is unable to ~~write~~sign the elector's	13094
name ~~and current address~~ in the poll list or signature pollbook,	13095
the elector may make the elector's mark at the place intended for	13096
the elector's name, and a precinct election official shall write	13097
the name of the elector at the proper place on the poll list or	13098
signature pollbook following the elector's mark. The making of	13099
such a mark shall be attested by the precinct election official,	13100
who shall evidence the same by signing the precinct election	13101
official's name on the poll list or signature pollbook as a	13102
witness to the mark. Alternatively, if applicable, an attorney in	13103
fact acting pursuant to section 3501.382 of the Revised Code may	13104
sign the elector's signature in the poll list or signature	13105
pollbook in accordance with that section.	13106

The elector's signature in the poll list or signature	13107
pollbook then shall be compared with the elector's signature on	13108
the elector's registration form or a digitized signature list as	13109
provided for in section 3503.13 of the Revised Code, and if, in	13110
the opinion of a majority of the precinct election officials, the	13111
signatures are the signatures of the same person, the election	13112
officials shall enter the date of the election on the registration	13113
form or shall record the date by other means prescribed by the	13114
secretary of state. The validity of an attorney in fact's	13115
signature on behalf of an elector shall be determined in	13116
accordance with section 3501.382 of the Revised Code.	13117

If the right of the elector to vote is not then challenged,	13118
or, if being challenged, the elector establishes the elector's	13119
right to vote, the elector shall be allowed to proceed to use the	13120
voting machine. If voting machines are not being used in that	13121
precinct, the judge in charge of ballots shall then detach the	13122
next ballots to be issued to the elector from Stub B attached to	13123
each ballot, leaving Stub A attached to each ballot, hand the	13124
ballots to the elector, and call the elector's name and the stub	13125
number on each of the ballots. The judge shall enter the stub	13126
numbers opposite the signature of the elector in the pollbook. The	13127
elector shall then retire to one of the voting compartments to	13128
mark the elector's ballots. No mark shall be made on any ballot	13129
which would in any way enable any person to identify the person	13130
who voted the ballot.	13131

Sec. 3505.181. (A) All of the following individuals shall be	13132
permitted to cast a provisional ballot at an election:	13133

(1) An individual who declares that the individual is a	13134
registered voter ~~in the jurisdiction in which the individual~~	13135
~~desires to vote~~ and that the individual is eligible to vote in an	13136
election, but the name of the individual does not appear on the	13137
official list of eligible voters for the polling place ~~or an~~	13138
~~election official asserts that the individual is not eligible to~~	13139
~~vote~~;	13140

(2) ~~An individual who has a social security number and~~	13141
~~provides to the election officials the last four digits of the~~	13142
~~individual's social security number as permitted by division~~	13143
~~(A)(2) of section 3505.18 of the Revised Code;~~	13144

~~(3)~~ An individual who ~~has but is unable to~~does not have or	13145
declines to provide to the election officials ~~any of~~ the ~~forms of~~	13146
identification required under division (A)(1) of section 3505.18	13147
of the Revised Code ~~and who has a social security number but is~~	13148
~~unable to provide the last four digits of the individual's social~~	13149
~~security number as permitted under division (A)(2) of that~~	13150
~~section~~;	13151

~~(4) An individual who does not have any of the forms of~~	13152
~~identification required under division (A)(1) of section 3505.18~~	13153
~~of the Revised Code, who cannot provide the last four digits of~~	13154
~~the individual's social security number under division (A)(2) of~~	13155
~~that section because the individual does not have a social~~	13156
~~security number, and who has executed an affirmation as permitted~~	13157
~~under division (A)(4) of that section;~~	13158

~~(5)~~(3) An individual whose name in the poll list or signature	13159
pollbook has been marked under section 3509.09 or 3511.13 of the	13160
Revised Code as having requested an absent voter's ballot or an	13161
armed service absent voter's ballot for that election and who	13162
appears to vote at the polling place;	13163

~~(6) An individual whose notification of registration has been~~	13164
~~returned undelivered to the board of elections and whose name in~~	13165
~~the official registration list and in the poll list or signature~~	13166
~~pollbook has been marked under division (C)(2) of section 3503.19~~	13167
~~of the Revised Code;~~	13168

~~(7) An individual who is challenged under section 3505.20 of~~	13169
~~the Revised Code and the election officials determine that the~~	13170
~~person is ineligible to vote or are unable to determine the~~	13171
~~person's eligibility to vote;~~	13172

~~(8) An individual whose application or challenge hearing has~~	13173
~~been postponed until after the day of the election under division~~	13174
~~(D)(1) of section 3503.24 of the Revised Code;~~	13175

~~(9) An individual who changes the individual's name and~~	13176
~~remains within the precinct, moves from one precinct to another~~	13177
~~within a county, moves from one precinct to another and changes~~	13178
~~the individual's name, or moves from one county to another within~~	13179
~~the state, and completes and signs the required forms and~~	13180
~~statements under division (B) or (C) of section 3503.16 of the~~	13181
~~Revised Code;~~	13182

~~(10) An individual whose signature, in the opinion of the~~	13183
~~precinct officers under section 3505.22 of the Revised Code, is~~	13184
~~not that of the person who signed that name in the registration~~	13185
~~forms;~~	13186

~~(11) An individual who is challenged under section 3513.20 of~~	13187
~~the Revised Code who refuses to make the statement required under~~	13188
~~that section, who a majority of the precinct officials find lacks~~	13189
~~any of the qualifications to make the individual a qualified~~	13190
~~elector, or who a majority of the precinct officials find is not~~	13191
~~affiliated with or a member of the political party whose ballot~~	13192
~~the individual desires to vote;~~	13193

~~(12) An individual who does not have any of the forms of~~	13194
~~identification required under division (A)(1) of section 3505.18~~	13195
~~of the Revised Code, who cannot provide the last four digits of~~	13196
~~the individual's social security number under division (A)(2) of~~	13197
~~that section because the person does not have a social security~~	13198
~~number, and who declines to execute an affirmation as permitted~~	13199
~~under division (A)(4) of that section;~~	13200

~~(13) An individual who has but declines to provide to the~~	13201
~~precinct election officials any of the forms of identification~~	13202
~~required under division (A)(1) of section 3501.18 of the Revised~~	13203
~~Code or who has a social security number but declines to provide~~	13204
~~to the precinct election officials the last four digits of the~~	13205
~~individual's social security number~~.	13206

(B) Notwithstanding any provision of the Revised Code to the	13207
contrary, no person who is deemed ineligible to cast a regular	13208
ballot shall be denied, for any reason, the opportunity to cast a	13209
provisional ballot under this section at any polling location.	13210

(C) An individual who is eligible to cast a provisional	13211
ballot under ~~division~~divisions (A) and (B) of this section shall	13212
be permitted to cast a provisional ballot as follows:	13213

(1) An election official at the polling place shall notify	13214
the individual that the individual may cast a provisional ballot	13215
in that election.	13216

(2) ~~The individual shall be permitted to cast a provisional~~	13217
~~ballot at that polling place upon the execution of a written~~	13218
~~affirmation by the individual before an election official at the~~	13219
~~polling place stating that the individual is both of the~~	13220
~~following:~~	13221

~~(a) A registered voter in the jurisdiction in which the~~	13222
~~individual desires to vote;~~	13223

~~(b) Eligible to vote in that election.~~

13224

~~(3)~~An election official shall provide the individual with a	13225
provisional ballot envelope containing the affirmation required	13226
under section 3505.182 of the Revised Code.	13227

(3) The individual shall complete the voter's portion of the	13228
affirmation. If the individual is unable to physically complete	13229
the voter's portion of the affirmation, an election official shall	13230
complete the voter's portion of the affirmation for the individual	13231
at the direction of the individual.	13232

(4) The election official shall review the affirmation to	13233
determine if the voter's portion of the affirmation has been	13234
completed. If the election official finds that the voter's portion	13235
of the affirmation has been completed, the election official shall	13236
provide the individual with a provisional ballot. If the election	13237
official finds that the voter's portion of the affirmation has not	13238
been completed, the official shall direct the individual to	13239
properly complete the affirmation. If the individual refuses to	13240
complete the affirmation, the election official shall do all of	13241
the following:	13242

(a) Write the individual's name on the affirmation in the	13243
space for the individual's name;	13244

(b) Indicate on the affirmation form that the individual	13245
refused to complete the affirmation;	13246

(c) Notify the individual that the provisional ballot will	13247
only be counted if the individual signs the affirmation;	13248

(d) Provide the individual with a provisional ballot.

13249

(5) The voter shall place the voted provisional ballot in the	13250
completed envelope, seal the envelope, and return the envelope to	13251
the election official.	13252

(6) An election official at the polling place shall transmit	13253
the voter's sealed provisional ballot ~~cast by the individual, the~~	13254
~~voter information contained in the written affirmation executed~~	13255
~~by the individual under division (B)(2) of this section, or the~~	13256
~~individual's name if the individual declines to execute such an~~	13257
~~affirmation~~envelope to an appropriate local election official	13258
for verification under ~~division (B)(4) of this section~~section	13259
3505.183 of the Revised Code.	13260

~~(4) If the appropriate local election official to whom the~~	13261
~~ballot or voter or address information is transmitted under~~	13262
~~division (B)(3) of this section determines that the individual is~~	13263
~~eligible to vote, the individual's provisional ballot shall be~~	13264
~~counted as a vote in that election.~~	13265

~~(5)~~(7)(a) At the time that an individual casts a provisional	13266
ballot, the appropriate local election official shall give the	13267
individual written information that states that any individual who	13268
casts a provisional ballot will be able to ascertain under the	13269
system established under division ~~(B)(5)~~(C)(7)(b) of this section	13270
whether the vote was counted, and, if the vote was not counted,	13271
the reason that the vote was not counted.	13272

(b) The appropriate state or local election official shall	13273
establish a free access system, in the form of a toll-free	13274
telephone number, that any individual who casts a provisional	13275
ballot may access to discover whether the vote of that individual	13276
was counted, and, if the vote was not counted, the reason that the	13277
vote was not counted. The free access system established under	13278
this division also shall provide to an individual whose	13279
provisional ballot was not counted information explaining how that	13280
individual may contact the board of elections to register to vote	13281
or to resolve problems with the individual's voter registration.	13282

The appropriate state or local election official shall	13283
establish and maintain reasonable procedures necessary to protect	13284
the security, confidentiality, and integrity of personal	13285
information collected, stored, or otherwise used by the free	13286
access system established under this division. Access to	13287
information about an individual ballot shall be restricted to the	13288
individual who cast the ballot.	13289

~~(6) If, at the time that an individual casts a provisional~~	13290
~~ballot, the individual provides identification in the form of a~~	13291
~~current and valid photo identification, a military identification,~~	13292
~~or a copy of a current utility bill, bank statement, government~~	13293
~~check, paycheck, or other government document, other than a~~	13294
~~notice of an election mailed by a board of elections under~~	13295
~~section 3501.19 of the Revised Code or a notice of voter~~	13296
~~registration mailed by a board of elections under section 3503.19~~	13297
~~of the Revised Code, that shows the individual's name and current~~	13298
~~address, or provides the last four digits of the individual's~~	13299
~~social security number, or executes an affirmation that the~~	13300
~~elector does not have any of those forms of identification or the~~	13301
~~last four digits of the individual's social security number~~	13302
~~because the individual does not have a social security number, or~~	13303
~~declines to execute such an affirmation, the appropriate local~~	13304
~~election official shall record the type of identification~~	13305
~~provided, the social security number information, the fact that~~	13306
~~the affirmation was executed, or the fact that the individual~~	13307
~~declined to execute such an affirmation and include that~~	13308
~~information with the transmission of the ballot or voter or~~	13309
~~address information under division (B)(3) of this section. If the~~	13310
~~individual declines to execute such an affirmation, the~~	13311
~~appropriate local election official shall record the individual's~~	13312
~~name and include that information with the transmission of the~~	13313
~~ballot under division (B)(3) of this section.~~	13314

~~(7) If an individual casts a provisional ballot pursuant to~~	13315
~~division (A)(3), (7), (8), (12), or (13) of this section, the~~	13316
~~election official shall indicate, on the provisional ballot~~	13317
~~verification statement required under section 3505.182 of the~~	13318
~~Revised Code, that the individual is required to provide~~	13319
~~additional information to the board of elections or that an~~	13320
~~application or challenge hearing has been postponed with respect~~	13321
~~to the individual, such that additional information is required~~	13322
~~for the board of elections to determine the eligibility of the~~	13323
~~individual who cast the provisional ballot.~~	13324

~~(8) During the ten days after the day of an election, an~~	13325
~~individual who casts a provisional ballot pursuant to division~~	13326
~~(A)(3), (7), (12), or (13) of this section shall appear at the~~	13327
~~office of the board of elections and provide to the board any~~	13328
~~additional information necessary to determine the eligibility of~~	13329
~~the individual who cast the provisional ballot.~~	13330

~~(a) For a provisional ballot cast pursuant to division~~	13331
~~(A)(3), (12), or (13) of this section to be eligible to be~~	13332
~~counted, the individual who cast that ballot, within ten days~~	13333
~~after the day of the election, shall do any of the following:~~	13334

~~(i) Provide to the board of elections proof of the~~	13335
~~individual's identity in the form of a current and valid photo~~	13336
~~identification, a military identification, or a copy of a current~~	13337
~~utility bill, bank statement, government check, paycheck, or~~	13338
~~other government document, other than a notice of an election~~	13339
~~mailed by a board of elections under section 3501.19 of the~~	13340
~~Revised Code or a notice of voter registration mailed by a board~~	13341
~~of elections under section 3503.19 of the Revised Code, that~~	13342
~~shows the individual's name and current address;~~	13343

~~(ii) Provide to the board of elections the last four digits~~	13344
~~of the individual's social security number;~~	13345

~~(iii) In the case of a provisional ballot executed pursuant~~	13346
~~to division (A)(12) of this section, execute an affirmation as~~	13347
~~permitted under division (A)(4) of section 3505.18 of the Revised~~	13348
~~Code.~~	13349

~~(b) For a provisional ballot cast pursuant to division (A)(7)~~	13350
~~of this section to be eligible to be counted, the individual who~~	13351
~~cast that ballot, within ten days after the day of that election,~~	13352
~~shall provide to the board of elections any identification or~~	13353
~~other documentation required to be provided by the applicable~~	13354
~~challenge questions asked of that individual under section 3505.20~~	13355
~~of the Revised Code.~~	13356

~~(C)~~(D)(1) If an individual declares that the individual is	13357
eligible to vote in a jurisdiction other than the jurisdiction in	13358
which the individual desires to vote, or if, upon review of the	13359
precinct voting location guide using the residential street	13360
address provided by the individual, an election official at the	13361
polling place at which the individual desires to vote determines	13362
that the individual is not ~~eligible~~registered to vote in that	13363
~~jurisdiction~~precinct, the election official shall direct the	13364
individual to the polling place for the ~~jurisdiction~~precinct in	13365
which the individual appears to be ~~eligible~~registered to vote,	13366
explain that the individual may cast a provisional ballot at the	13367
current location but the ballot will not be counted if it is cast	13368
in the wrong ~~precinct~~county, and provide the telephone number	13369
of the board of elections in case the individual has additional	13370
questions.	13371

(2) If the individual refuses to travel to the polling place	13372
for the correct jurisdiction or to the office of the board of	13373
elections to cast a ballot, the individual shall be permitted to	13374
vote a provisional ballot at that jurisdiction in accordance with	13375
division ~~(B)~~(C) of this section. ~~If any of the following apply,~~	13376
~~the provisional ballot cast by that individual shall not be~~	13377
~~opened or counted:~~	13378

~~(a) The individual is not properly registered in that~~	13379
~~jurisdiction.~~	13380

~~(b) The individual is not eligible to vote in that election~~	13381
~~in that jurisdiction.~~	13382

~~(c) The individual's eligibility to vote in that jurisdiction~~	13383
~~in that election cannot be established upon examination of the~~	13384
~~records on file with the board of elections.~~	13385

~~(D)~~(E) The appropriate local election official shall cause	13386
voting information to be publicly posted at each polling place on	13387
the day of each election.	13388

~~(E)~~(F) The secretary of state shall prescribe the form and	13389
content of provisional ballot envelopes. The provisional ballot	13390
envelopes prescribed under this division shall include the	13391
affirmation required by section 3505.182 of the Revised Code.	13392

The provisional ballot envelopes used by each board of	13393
elections in conducting provisional voting within a county shall	13394
conform to the form and content prescribed by the secretary of	13395
state under this division.	13396

(G) As used in this section and sections 3505.182 and	13397
3505.183 of the Revised Code:	13398

(1) "Jurisdiction" means the ~~precinct~~county in which a	13399
person is a legally qualified elector.	13400

(2) "Precinct voting location guide" means either of the	13401
following:	13402

(a) An electronic or paper record that lists the correct	13403
~~jurisdiction~~precinct and polling place for either each specific	13404
residential street address in the county or the range of	13405
residential street addresses located in each neighborhood block in	13406
the county;	13407

(b) Any other method that a board of elections creates that	13408
allows a precinct election official or any elector who is at a	13409
polling place in that county to determine the correct ~~jurisdiction~~	13410
precinct and polling place of any qualified elector who resides in	13411
the county.	13412

(3) "Voting information" means all of the following:

13413

(a) A sample version of the ballot that will be used for that	13414
election;	13415

(b) Information regarding the date of the election and the	13416
hours during which polling places will be open;	13417

(c) Instructions on how to vote, including how to cast a vote	13418
and how to cast a provisional ballot;	13419

(d) Instructions for mail-in registrants and first-time	13420
voters under applicable federal and state laws;	13421

(e) General information on voting rights under applicable	13422
federal and state laws, including information on the right of an	13423
individual to cast a provisional ballot and instructions on how to	13424
contact the appropriate officials if these rights are alleged to	13425
have been violated;	13426

(f) General information on federal and state laws regarding	13427
prohibitions against acts of fraud and misrepresentation.	13428

(4) The "signature" of an individual on a provisional voter's	13429
affirmation includes all of the following:	13430

(a) An individual's mark attested by an election official who	13431
shall write the individual's name on the affirmation and sign the	13432
election official's name as a witness to the mark, if the	13433
individual is unable to physically sign the affirmation;	13434

(b) The attestation of two election officials who shall write	13435
the individual's name on the affirmation and sign the election	13436
officials' names, if the individual is unable to physically make	13437
any mark; and	13438

(c) The signature of an attorney in fact made pursuant to	13439
section 3501.382 of the Revised Code.	13440

Sec. 3505.182. ~~Each individual who casts a provisional~~	13441
~~ballot under section 3505.181 of the Revised Code shall execute a~~	13442
~~written affirmation. The form of the written affirmation shall be~~	13443
~~printed upon the face of the provisional ballot envelope and~~The	13444
secretary of state shall prescribe the form and content of a	13445
provisional voter's affirmation, which shall be substantially as	13446
follows:	13447

"Provisional ~~Ballot~~ Voter's Affirmation	13448

STATE OF OHIO	13449

TO BE COMPLETED BY PROVISIONAL BALLOT VOTER	13450

Voter's Provisional Ballot Affirmation	13451

Please review the following statement and sign.

13452

Your provisional ballot will be counted only if you sign this	13453
affirmation.	13454

"I~~, .................... (Name of provisional voter),~~	13455
solemnly swear or affirm that I am a registered voter in the	13456
~~jurisdiction in which~~county where I am ~~voting~~offering to vote	13457
this ~~provisional~~ ballot and that I am eligible to vote in the	13458
election in which I am voting this ~~provisional~~ ballot.	13459

I understand that, ~~if the above-provided information is not~~	13460
~~fully completed and correct,~~ if the board of elections determines	13461
that I am not registered ~~to vote, a resident of this precinct,~~ or	13462
eligible to vote in this election, or if the board of elections	13463
determines that I have already voted in this election, my	13464
~~provisional~~ ballot will not be counted. ~~I further understand that~~	13465
~~knowingly providing false information is a violation of law and~~	13466
~~subjects me to possible criminal prosecution.~~	13467

I hereby declare, under penalty of election falsification,	13468
that the above statements are true and correct to the best of my	13469
knowledge and belief."	13470

			13471
	~~(Signature of Voter)~~		13472
			13473
	~~(Voter's date of birth)~~		13474

	~~The last four digits of the voter's social security number~~		13475
			13476
	(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits)		13477

SIGNATURE OF VOTER (required):.............................	13478

PRINT FIRST AND LAST NAME:.................................	13479

ADDRESS: ..................................................	13480

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	13481
OF THE FIFTH DEGREE.	13482

~~Additional Information For Determining Ballot Validity~~	13483

~~(May be completed at voter's discretion)~~	13484

~~Voter's current address:~~				13485
~~Voter's former address if photo identification does not contain voter's current address~~				13486
~~Voter's driver's license number or, if not provided above, the last four digits of voter's social security number~~				13487
~~(Please circle number type)~~				13488
(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.)				13489
~~Reason for voting provisional ballot (Check one):~~				13490
~~..... Requested, but did not receive, absent voter's ballot~~				13491
~~..... Other~~				13492

~~Verification Statement~~	13493

~~(To be completed by election official)~~	13494

RECOMMENDED VOTER INFORMATION	13495

The following optional information may be helpful for the	13496
board of elections in processing your provisional ballot. However,	13497
none of the following information may be the only reason for	13498
invalidating your provisional ballot.	13499

Name: ................................................

13500

Address: .............................................

13501

Birthdate: .......................................

13502

Ohio driver's license number: ........................

13503

Last four digits of your Social Security Number ......

13504

Are you a United States citizen? YES/NO (circle one)

13505

Will you be at least eighteen years of age on or before the	13506
next general election? YES/NO (circle one)	13507

For identification purposes, you may attach a copy of either	13508
a current and valid photo identification issued by the state or an	13509
agency or political subdivision of the state, an institution of	13510
higher education, or the United States government, or an	13511
affirmation of your identity.	13512

TO BE COMPLETED BY ELECTION OFFICIAL AFTER VOTER RETURNS BALLOT	13513

The following must be completed by the election official	13514
assisting the voter with the provisional ballot.	13515

REASON THE VOTER RECEIVED A PROVISIONAL BALLOT (check one):

13516

..... Previously requested an absent voter's ballot or a	13517
regular ballot	13518

..... Name does not appear in the pollbook or poll list

13519

..... Did not present valid identification

13520

The Provisional ~~Ballot~~Voter's Affirmation printed above was	13521
subscribed and affirmed before me this .......... day of	13522
.......... (Month), .......... (Year).	13523

~~(If applicable, the election official must check the~~	13524
~~following true statement concerning additional information needed~~	13525
~~to determine the eligibility of the provisional voter.)~~	13526

~~...... The provisional voter is required to provide~~	13527
~~additional information to the board of elections.~~	13528

~~...... An application or challenge hearing regarding this~~	13529
~~voter has been postponed until after the election.~~	13530

~~(The election official must check the following true~~	13531
~~statement concerning identification provided by the provisional~~	13532
~~voter, if any.)~~	13533

~~...... The provisional voter provided a current and valid~~	13534
~~photo identification.~~	13535

~~...... The provisional voter provided a current valid photo~~	13536
~~identification, other than a driver's license or a state~~	13537
~~identification card, with the voter's former address instead of~~	13538
~~current address and has provided the election official both the~~	13539
~~current and former addresses.~~	13540

~~...... The provisional voter provided a military~~	13541
~~identification or a copy of a current utility bill, bank~~	13542
~~statement, government check, paycheck, or other government~~	13543
~~document, other than a notice of an election mailed by a board of~~	13544
~~elections under section 3501.19 of the Revised Code or a notice~~	13545
~~of voter registration mailed by a board of elections under~~	13546
~~section 3503.19 of the Revised Code, with the voter's name and~~	13547
~~current address.~~	13548

~~...... The provisional voter provided the last four digits of~~	13549
~~the voter's social security number.~~	13550

~~...... The provisional voter is not able to provide a current~~	13551
~~and valid photo identification, a military identification, or a~~	13552
~~copy of a current utility bill, bank statement, government check,~~	13553
~~paycheck, or other government document, other than a notice of an~~	13554
~~election mailed by a board of elections under section 3501.19 of~~	13555
~~the Revised Code or a notice of voter registration mailed by a~~	13556
~~board of elections under section 3503.19 of the Revised Code,~~	13557
~~with the voter's name and current address but does have one of~~	13558
~~these forms of identification. The provisional voter must provide~~	13559
~~one of the foregoing items of identification to the board of~~	13560
~~elections within ten days after the election.~~	13561

~~..... The provisional voter is not able to provide a current~~	13562
~~and valid photo identification, a military identification, or a~~	13563
~~copy of a current utility bill, bank statement, government check,~~	13564
~~paycheck, or other government document, other than a notice of an~~	13565
~~election mailed by a board of elections under section 3501.19 of~~	13566
~~the Revised Code or a notice of voter registration mailed by a~~	13567
~~board of elections under section 3503.19 of the Revised Code,~~	13568
~~with the voter's name and current address but does have one of~~	13569
~~these forms of identification. Additionally, the provisional~~	13570
~~voter does have a social security number but is not able to~~	13571
~~provide the last four digits of the voter's social security~~	13572
~~number before voting. The provisional voter must provide one of~~	13573
~~the foregoing items of identification or the last four digits of~~	13574
~~the voter's social security number to the board of elections~~	13575
~~within ten days after the election.~~	13576

~~..... The provisional voter does not have a current and valid~~	13577
~~photo identification, a military identification, a copy of a~~	13578
~~current utility bill, bank statement, government check, paycheck,~~	13579
~~or other government document with the voter's name and current~~	13580
~~address, or a social security number, but has executed an~~	13581
~~affirmation.~~	13582

~~..... The provisional voter does not have a current and valid~~	13583
~~photo identification, a military identification, a copy of a~~	13584
~~current utility bill, bank statement, government check,~~	13585
~~paycheck, or other government document with the voter's name~~	13586
~~and current address, or a social security number, and has~~	13587
~~declined to execute an affirmation.~~	13588

~~..... The provisional voter declined to provide a current and~~	13589
~~valid photo identification, a military identification, a copy of a~~	13590
~~current utility bill, bank statement, government check, paycheck,~~	13591
~~or other government document with the voter's name and current~~	13592
~~address, or the last four digits of the voter's social security~~	13593
~~number but does have one of these forms of identification or a~~	13594
~~social security number. The provisional voter must provide one~~	13595
~~of the foregoing items of identification or the last four~~	13596
~~digits of the voter's social security number to the board of~~	13597
~~elections within ten days after the election.~~	13598

I have notified the voter that the voter MUST/MUST NOT	13599
(circle one) provide additional information to the board of	13600
elections within 10 days after Election Day for this provisional	13601
ballot to be counted.	13602

(LIST INFORMATION TO BE PROVIDED, if applicable: .....)

13603

			13604
	(Signature of Election Official)"		13605

~~In addition to any information required to be included on the~~	13606
~~written affirmation, an~~An individual casting a provisional ballot	13607
may provide additional information to the election official to	13608
assist the board of elections in determining the individual's	13609
eligibility to vote in that election, including the date and	13610
location at which the individual registered to vote, if known. Any	13611
information so provided shall not be the sole basis for	13612
invalidating the individual's provisional ballot.	13613

~~If the individual declines to execute the affirmation, an~~	13614
~~appropriate local election official shall comply with division~~	13615
~~(B)(6) of section 3505.181 of the Revised Code.~~	13616

Sec. 3505.183. (A) When the ballot boxes are delivered to	13617
the board of elections from the precincts, the board shall	13618
separate the provisional ballot envelopes from the rest of the	13619
ballots. Teams of employees of the board consisting of one member	13620
of each major political party shall place the sealed provisional	13621
ballot envelopes in a secure location within the office of the	13622
board. The sealed provisional ballot envelopes shall remain in	13623
that secure location until the validity of those ballots is	13624
determined under division (B) of this section. While the	13625
provisional ballot is stored in that secure location, and prior to	13626
the counting of the provisional ballots, if the board receives	13627
information regarding the validity of a specific provisional	13628
ballot ~~under division (B) of this section~~, the board ~~may~~shall	13629
note, on the sealed provisional ballot envelope for that ballot,	13630
whether the ballot is valid and entitled to be counted.	13631

(B)(1) ~~To determine~~In determining whether a provisional	13632
ballot is valid and entitled to be counted, the board shall	13633
examine its registration records and ~~determine whether the~~	13634
~~individual who cast the provisional ballot is registered and~~	13635
~~eligible to vote in the applicable election. The board shall~~	13636
~~examine the information contained in the written affirmation~~	13637
~~executed by the individual who cast the provisional ballot under~~	13638
~~division (B)(2) of~~ ~~section 3505.181 of the Revised Code. If the~~	13639
~~individual declines to execute such an affirmation, the~~	13640
~~individual's name, written by either the individual or the~~	13641
~~election official at the direction of the individual, shall be~~	13642
~~included in a written affirmation in order for the provisional~~	13643
~~ballot to be eligible to be counted; otherwise, the following~~	13644
~~information shall be included in the written affirmation in order~~	13645
~~for the provisional ballot to be eligible to be counted:~~	13646

~~(a) The individual's name and signature;~~

13647

~~(b) A statement that the individual is a registered voter in~~	13648
~~the jurisdiction in which the provisional ballot is being voted;~~	13649

~~(c) A statement that the individual is eligible to vote in~~	13650
~~the election in which the provisional ballot is being voted.~~	13651

~~(2)In addition to the information required to be included in~~	13652
~~an affirmation~~ ~~under division (B)(1) of this section~~, in	13653
determining whether a provisional ballot is valid and entitled to	13654
be counted, the board also shall examine any ~~additional~~	13655
information for determining ballot validity provided by the	13656
provisional voter on the affirmation~~, provided by the provisional~~	13657
~~voter to an election official under section 3505.182 of the~~	13658
~~Revised Code,~~ or provided to the board of elections during the ten	13659
days after the day of the election ~~under division (B)(8)~~ of	13660
section 3505.181 of the Revised Code, to assist the board in	13661
determining the individual's eligibility to vote.	13662

~~(3)~~If, in examining a provisional ballot affirmation and	13663
additional information, the board determines that the individual	13664
failed to sign the affirmation, but provided enough information on	13665
the affirmation to enable the board of elections to identify and	13666
contact the individual, the board of elections shall immediately	13667
notify the individual, by whatever means of contact the individual	13668
has provided on the affirmation or using any available contact	13669
information in the board's records, that the affirmation is	13670
missing a signature and provide the individual an opportunity to	13671
correct the affirmation not later than ten days after the day of	13672
an election.	13673

The individual may provide the required information by mail,	13674
electronic mail, telephone, or facsimile transmission, through the	13675
internet, or in person at the office of the board of elections. If	13676
the affirmation is missing a signature, the individual may provide	13677
a signed statement that the applicant submitted the application. A	13678
signature provided on a signed statement under this division shall	13679
be considered the individual's signature on the affirmation for	13680
the purposes of processing an otherwise valid provisional ballot	13681
affirmation.	13682

The secretary of state shall prescribe uniform standards for	13683
processing additional information by mail, electronic mail,	13684
telephone, facsimile transmission, through the internet, or in	13685
person at the office of the board of elections under this	13686
division.	13687

(2) If, in examining a provisional ballot affirmation and	13688
additional information ~~under divisions (B)(1)~~ ~~and (2) of this~~	13689
~~section~~, the board determines that all of the following apply,	13690
the provisional ballot envelope shall be opened, and the ballot	13691
shall be placed in a ballot box to be counted:	13692

(a) A signature has been provided on the provisional ballot	13693
affirmation.	13694

(b) The individual's voter registration record is located	13695
based on the signature and other information provided on the	13696
affirmation, and the signature provided on the affirmation	13697
substantially conforms to the signature in the individual's voter	13698
registration record.	13699

(c) The individual ~~named on the affirmation~~ is properly	13700
registered to vote.	13701

~~(b)~~(d) The individual ~~named on the affirmation~~ is eligible to	13702
cast a ballot ~~in the precinct and~~ for the election in which the	13703
individual cast the provisional ballot.	13704

~~(c) The individual provided all of the information required~~	13705
~~under division (B)(1) of this section in the affirmation that the~~	13706
~~individual executed at the time the individual cast the~~	13707
~~provisional ballot.~~	13708

~~(d) If applicable, the individual provided any additional~~	13709
~~information required under division (B)(8) of section 3505.181 of~~	13710
~~the Revised Code within ten days after the day of the election.~~	13711

~~(e) If applicable, the hearing conducted under division (B)~~	13712
~~of section 3503.24 of the Revised Code after the day of the~~	13713
~~election resulted in the individual's inclusion in the official~~	13714
~~registration list.~~	13715

~~(4)(a)~~(3) If, in examining a provisional ballot affirmation	13716
and additional information ~~under divisions (B)(1) and (2) of this~~	13717
~~section~~, the board determines that any of the following applies,	13718
the provisional ballot envelope shall not be opened, and the	13719
ballot shall not be counted:	13720

~~(i)~~(a) The individual's signature does not appear on the	13721
affirmation and the individual does not provide the missing	13722
signature not later than ten days after the day of an election,	13723
or the signature provided does not substantially conform to the	13724
signature in the individual's voter registration record.	13725

(b) The individual ~~named on the affirmation~~ is not qualified	13726
to vote or is not ~~properly~~ registered to vote.	13727

~~(ii) The individual named on the affirmation is not eligible~~	13728
~~to cast a ballot in the precinct or for the election in which the~~	13729
~~individual cast the provisional ballot.~~	13730

~~(iii) The individual did not provide all of the information~~	13731
~~required under division (B)(1) of this section in the affirmation~~	13732
~~that the individual executed at the time the individual cast the~~	13733
~~provisional ballot.~~	13734

~~(iv)~~(c) The individual has already cast a ballot for the	13735
election in which the individual cast the provisional ballot.	13736

~~(v) If applicable, the individual did not provide any~~	13737
~~additional information required under division (B)(8) of section~~	13738
~~3505.181 of the Revised Code within ten days after the day of the~~	13739
~~election.~~	13740

~~(vi) If applicable, the hearing conducted under division (B)~~	13741
~~of section 3503.24 of the Revised Code after the day of the~~	13742
~~election did not result in the individual's inclusion in the~~	13743
~~official registration list.~~	13744

~~(vii) The individual failed to provide a current and valid~~	13745
~~photo identification, a military identification, a copy of a~~	13746
~~current utility bill, bank statement, government check,~~	13747
~~paycheck, or other government document, other than a notice of~~	13748
~~an election mailed by a board of elections under section 3501.19~~	13749
~~of the Revised Code or a notice of voter registration mailed by~~	13750
~~a board of elections under section 3503.19 of the Revised Code,~~	13751
~~with the voter's name and current address, or the last four~~	13752
~~digits of the individual's social security number or to execute~~	13753
~~an affirmation under division (A) of section 3505.18 or division~~	13754
~~(B) of section 3505.181 of the Revised Code.~~	13755

~~(b) If, in examining a provisional ballot affirmation and~~	13756
~~additional information under divisions (B)(1) and (2) of this~~	13757
~~section, the board is unable to determine either of the following,~~	13758
~~the provisional ballot envelope shall not be opened, and the~~	13759
~~ballot shall not be counted:~~	13760

~~(i) Whether the individual named on the affirmation is~~	13761
~~qualified or properly registered to vote;~~	13762

~~(ii) Whether the individual named on the affirmation is~~	13763
~~eligible to cast a ballot in the precinct or for the election in~~	13764
~~which the individual cast the provisional ballot.~~	13765

(C) If, in examining a provisional ballot affirmation and	13766
additional information that may have been provided by the	13767
provisional voter, the board determines that the individual named	13768
on the affirmation is a qualified elector but that the individual	13769
is registered to vote in a different precinct than the precinct	13770
in which the individual cast the provisional ballot, the board	13771
shall remake the provisional ballot on a ballot for the	13772
appropriate precinct to reflect the offices, questions, and	13773
issues for which the provisional voter was eligible to cast a	13774
ballot and for which the provisional voter attempted to cast a	13775
provisional ballot. The remade ballot shall be counted for each	13776
office, question, and issue for which the provisional voter was	13777
eligible to vote.	13778

(D)(1) For each provisional ballot rejected under division	13779
(B)~~(4)~~(3) of this section, the board shall record the name of the	13780
provisional voter who cast the ballot, the identification number	13781
of the provisional ballot envelope, the names of the election	13782
officials who determined the validity of that ballot, the date and	13783
time that the determination was made, and the reason that the	13784
ballot was not counted.	13785

(2) Provisional ballots that are rejected under division	13786
(B)~~(4)~~(3) of this section shall not be counted but shall be	13787
preserved in their provisional ballot envelopes unopened until	13788
the time provided by section 3505.31 of the Revised Code for the	13789
destruction of all other ballots used at the election for which	13790
ballots were provided, at which time they shall be destroyed.	13791

~~(D)~~(E) Provisional ballots that the board determines are	13792
eligible to be counted under division (B)~~(3)~~(2) of this section	13793
shall be counted in the same manner as provided for other	13794
ballots under section 3505.27 of the Revised Code. No provisional	13795
ballots shall be counted in a particular county until the board	13796
determines the eligibility to be counted of all provisional	13797
ballots cast in that county under division (B) of this section	13798
for that election. Observers, as provided in section 3505.21 of	13799
the Revised Code, may be present at all times that the board is	13800
determining the eligibility of provisional ballots to be counted	13801
and counting those provisional ballots determined to be eligible.	13802
No person shall recklessly disclose the count or any portion of	13803
the count of provisional ballots in such a manner as to	13804
jeopardize the secrecy of any individual ballot.	13805

~~(E)~~(F)(1) Except as otherwise provided in division ~~(E)~~(F)(2)	13806
of this section, nothing in this section shall prevent a board	13807
of elections from examining provisional ballot affirmations and	13808
additional information under ~~divisions~~division (B)~~(1) and (2)~~ of	13809
this section to determine the eligibility of provisional ballots	13810
to be counted during the ten days after the day of an election.	13811

(2) A board of elections shall ~~not examine the provisional~~	13812
~~ballot affirmation and additional information under divisions~~	13813
~~(B)(1) and (2) of this section of any provisional ballot for which~~	13814
~~an election official has indicated under division (B)(7) of~~	13815
~~section 3505.181 of the Revised Code that additional information~~	13816
~~is required for the board of elections to determine the~~	13817
~~eligibility of the individual who cast that provisional ballot~~	13818
~~until the individual provides any information required under~~	13819
~~division (B)(8) of section 3505.181 of the Revised Code, until any~~	13820
~~hearing required to be conducted under section 3503.24 of the~~	13821
~~Revised Code with regard to the provisional voter is held, or~~	13822
~~until~~vote not earlier than the eleventh day after the day of the	13823
election~~, whichever is earlier~~to certify the validity of any	13824
provisional ballot.	13825

(G) Not later than twenty-four hours after the unofficial	13826
results for an election have been determined, the board of	13827
elections shall make available for public inspection the names of	13828
provisional voters and the precincts in which they voted. However,	13829
no election official, observer, or other person shall knowingly	13830
disclose personal information about an individual provisional	13831
ballot, including information provided on the provisional ballot	13832
affirmation form and information as to whether the ballot was	13833
counted to any person other than the voter who cast the	13834
provisional ballot.	13835

Sec. 3505.20. (A) Any person offering to vote may be	13836
challenged at the polling place by any judge of elections on any	13837
of the following grounds:	13838

(1) That the person is not a citizen of the United States;

13839

(2) That the person is not a resident of the precinct in	13840
which the person offers to vote;	13841

(3) That the person is not eighteen years of age or older;

13842

(4) That the person is not a qualified elector for that	13843
election;	13844

(5) That the person is not the elector that the person	13845
purports to be.	13846

Challenges shall be made only if the challenger knows or	13847
reasonably believes that the challenged elector is not qualified	13848
and entitled to vote. If the board of elections has ruled on the	13849
question presented by a challenge prior to election day, its	13850
finding and decision shall be final, ~~and~~ the presiding judge	13851
shall be notified in writing, and the judges of elections shall	13852
not challenge the elector on that ground. ~~If the board has not~~	13853
~~ruled, the question shall be determined as set forth in this~~	13854
~~section.~~ If any person is so challenged as unqualified to vote,	13855
the presiding judge shall tender the person the following oath:	13856
"You do swear or affirm under penalty of election falsification	13857
that you will fully and truly answer all of the following	13858
questions put to you concerning your qualifications as an elector	13859
at this election."	13860

A challenge may be upheld only if a majority of the judges of	13861
elections for the precinct at which the person offers to vote find	13862
by clear and convincing evidence that the person challenged is not	13863
eligible to vote a regular ballot on the grounds so challenged.	13864

~~(A)~~(B) If the person is challenged as unqualified on the	13865
ground that the person is not a citizen, the judges shall put the	13866
~~following questions:~~	13867

~~(1)~~question, "Are you a citizen of the United States?

13868

~~(2) Are you a native or naturalized citizen?~~

13869

~~(3) Where were you born?~~

13870

~~(4) What official documentation do you possess to prove your~~	13871
~~citizenship? Please provide that documentation.~~"	13872

If the person ~~offering to vote claims to be a naturalized~~	13873
~~citizen of the United States, the person shall, before the vote is~~	13874
~~received, produce for inspection of the judges a certificate of~~	13875
~~naturalization and declare under oath that the person is the~~	13876
~~identical person named in the certificate. If the person states~~	13877
~~under oath that, by reason of the naturalization of the person's~~	13878
~~parents or one of them, the person has become a citizen of the~~	13879
~~United States, and when or where the person's parents were~~	13880
~~naturalized, the certificate of naturalization need not be~~	13881
~~produced. If the person is unable to provide a certificate of~~	13882
~~naturalization on the day of~~answers in the affirmative, the	13883
challenge shall be denied. If the judges are unable to verify the	13884
person's eligibility to cast a ballot in the election, the judges	13885
shall provide to the person, and the person may vote, a	13886
provisional ballot under section 3505.181 of the Revised Code.	13887
~~The provisional ballot shall not be counted unless it is properly~~	13888
~~completed and the board of elections determines that the voter is~~	13889
~~properly registered and eligible to vote in the election.~~	13890

~~(B) If the person is challenged as unqualified on the ground~~	13891
~~that the person has not resided in this state for thirty days~~	13892
~~immediately preceding the election, the judges shall put the~~	13893
~~following questions:~~	13894

~~(1) Have you resided in this state for thirty days~~	13895
~~immediately preceding this election? If so, where have you~~	13896
~~resided?~~	13897

~~(2) Did you properly register to vote?~~

13898

~~(3) Can you provide some form of identification containing~~	13899
~~your current mailing address in this precinct? Please provide that~~	13900
~~identification.~~	13901

~~(4) Have you voted or attempted to vote at any other location~~	13902
~~in this or in any other state at this election?~~	13903

~~(5) Have you applied for an absent voter's ballot in any~~	13904
~~state for this election?~~	13905

~~If the judges are unable to verify the person's eligibility~~	13906
~~to cast a ballot in the election, the judges shall provide to the~~	13907
~~person, and the person may vote, a provisional ballot under~~	13908
~~section 3505.181 of the Revised Code. The provisional ballot shall~~	13909
~~not be counted unless it is properly completed and the board of~~	13910
~~elections determines that the voter is properly registered and~~	13911
~~eligible to vote in the election.~~	13912

(C) If the person is challenged as unqualified on the ground	13913
that the person is not a resident of the precinct where the	13914
person offers to vote, the judges shall put the following	13915
questions:	13916

(1) Do you reside in this precinct?

13917

(2) When did you move into this precinct?

13918

(3) When you came into this precinct, did you come for a	13919
temporary purpose merely or for the purpose of making it your	13920
home?	13921

(4) What is your current mailing address?

13922

(5) Do you have some official identification containing your	13923
current address in this precinct? Please provide that	13924
identification.	13925

(6) Have you voted or attempted to vote at any other location	13926
in this or in any other state at this election?	13927

(7) Have you applied for any absent voter's ballot in any	13928
state for this election?	13929

The judges shall direct an individual who is not in the	13930
appropriate polling place to the appropriate polling place. If the	13931
individual refuses to go to the appropriate polling place, or if	13932
the judges are unable to verify the person's eligibility to cast a	13933
ballot in the election, the judges shall provide to the person,	13934
and the person may vote, a provisional ballot under section	13935
3505.181 of the Revised Code. ~~The provisional ballot shall not be~~	13936
~~counted unless it is properly completed and the board of elections~~	13937
~~determines that the voter is properly registered and eligible to~~	13938
~~vote in the election.~~	13939

(D) If the person is challenged as unqualified on the ground	13940
that the person is not of legal voting age, the judges shall put	13941
the following questions:	13942

(1) Are you eighteen years of age or more?

13943

(2) What is your date of birth?

13944

(3) Do you have some official identification verifying your	13945
age? Please provide that identification.	13946

If the judges are unable to verify the person's age and	13947
eligibility to cast a ballot in the election, the judges shall	13948
provide to the person, and the person may vote, a provisional	13949
ballot under section 3505.181 of the Revised Code. ~~The provisional~~	13950
~~ballot shall not be counted unless it is properly completed and~~	13951
~~the board of elections determines that the voter is properly~~	13952
~~registered and eligible to vote in the election.~~	13953

~~The presiding judge shall put such other questions to the~~	13954
~~person challenged as are necessary to determine the person's~~	13955
~~qualifications as an elector at the election. If a person~~	13956
~~challenged refuses to answer fully any question put to the person,~~	13957
~~is unable to answer the questions as they were answered on the~~	13958
~~registration form by the person under whose name the person offers~~	13959
~~to vote, or refuses to sign the person's name or make the person's~~	13960
~~mark, or if for any other reason a majority of the judges believes~~	13961
~~the person is not entitled to vote, the judges shall provide to~~	13962
~~the person, and the person may vote, a provisional ballot under~~	13963
~~section 3505.181 of the Revised Code. The provisional ballot shall~~	13964
~~not be counted unless it is properly completed and the board of~~	13965
~~elections determines that the voter is properly registered and~~	13966
~~eligible to vote in the election.~~	13967

(E) If the person is challenged as unqualified on the ground	13968
that the person is not a qualified elector for the applicable	13969
election, the judges shall put the following questions:	13970

(1) Have you resided in this state for thirty days	13971
immediately preceding the day of this election? If so, where have	13972
you resided?	13973

(2) Did you properly register to vote?

13974

(3) Can you provide some form of identification containing	13975
your current mailing address in this precinct? Please provide that	13976
identification.	13977

(4) Have you voted or attempted to vote at any other location	13978
in this or in any other state at this election?	13979

(5) Have you applied for an absent voter's ballot in any	13980
state for this election?	13981

If the judges are unable to verify the person's eligibility	13982
to cast a ballot in the election, the judges shall provide to the	13983
person, and the person may vote, a provisional ballot under	13984
section 3505.181 of the Revised Code.	13985

(F) If the person is challenged as unqualified on the ground	13986
that the person is not the elector that the person purports to	13987
be, the judges shall put the following questions:	13988

(1) What is your full name, date of birth, and address for	13989
voting purposes?	13990

(2) Can you sign your name on this paper so that we can	13991
compare it with the voter registration records? Please sign this	13992
paper.	13993

If the judges are unable to verify the person's eligibility	13994
to cast a ballot in the election, the judges shall provide to the	13995
person, and the person may vote, a provisional ballot under	13996
section 3505.181 of the Revised Code.	13997

(G) The person challenging an elector's right to vote bears	13998
the burden of proving, by clear and convincing evidence, that the	13999
challenged elector's registration should be canceled.	14000

(H) A qualified citizen who has certified the citizen's	14001
intention to vote for president and vice-president as provided by	14002
Chapter 3504. of the Revised Code shall be eligible to receive	14003
only the ballot ~~containing~~for presidential and vice-presidential	14004
candidates.	14005

~~However, prior to the nineteenth day before the day of an~~	14006
~~election and in accordance with section 3503.24 of the Revised~~	14007
~~Code, any person qualified to vote may challenge the right of any~~	14008
~~other person to be registered as a voter, or the right to cast an~~	14009
~~absent voter's ballot, or to make application for such ballot.~~	14010
~~Such challenge shall be made in accordance with section 3503.24 of~~	14011
~~the Revised Code, and the board of elections of the county in~~	14012
~~which the voting residence of the challenged voter is situated~~	14013
~~shall make a final determination relative to the legality of such~~	14014
~~registration or application.~~	14015

Sec. 3505.21. (A) As used in this section, "during the	14016
casting of the ballots" includes any time during which a board of	14017
elections permits an elector to receive, complete, and return an	14018
absent voter's ballot in person at the office of the board or at	14019
another site designated by the board under division (C) of	14020
section 3501.10 of the Revised Code and any time ballots may be	14021
cast in a precinct polling place on the day of an election.	14022

(B) At any primary, special, or general election, any	14023
political party supporting candidates to be voted upon at such	14024
election and any group of five or more candidates may appoint to	14025
the board of elections or to any of the precincts in the county or	14026
city one person, a qualified elector, who shall serve as observer	14027
for such party or such candidates during the casting of the	14028
ballots and during the counting of the ballots; provided that	14029
separate observers may be appointed to serve during the casting	14030
and during the counting of the ballots. No candidate, no uniformed	14031
peace officer as defined by section 2935.01 of the Revised Code,	14032
no uniformed state highway patrol trooper, no uniformed member of	14033
any fire department, no uniformed member of the armed services, no	14034
uniformed member of the organized militia, no person wearing any	14035
other uniform, and no person carrying a firearm or other deadly	14036
weapon shall serve as an observer, nor shall any candidate be	14037
represented by more than one observer at any one precinct or other	14038
voting location except that a candidate who is a member of a party	14039
controlling committee, as defined in section 3517.03 of the	14040
Revised Code, may serve as an observer. ~~Any~~	14041

(C) Any political party or group of candidates appointing	14042
observers shall notify the board of elections of the names and	14043
addresses of its appointees and ~~the precincts~~each precinct or	14044
other location at which they shall serve. Notification of	14045
observers appointed to serve on the day of an election shall take	14046
place not less than eleven days before the day of the election on	14047
forms prescribed by the secretary of state and may be amended by	14048
filing an amendment with the board of elections at any time until	14049
four p.m. of the day before the election. Notification of	14050
observers appointed to serve at the office of the board or at	14051
another location during the time absent voter's ballots may be	14052
cast in person shall take place not less than eleven days before	14053
absent voter's ballots are required to be ready for use pursuant	14054
to section 3509.01 of the Revised Code on forms prescribed by the	14055
secretary of state and may be amended by filing an amendment with	14056
the board of elections at any time until four p.m. of the day	14057
before the observer is appointed to serve. The observer serving on	14058
behalf of a political party shall be appointed in writing by the	14059
chairperson and secretary of the respective controlling party	14060
committee. Observers serving for any five or more candidates shall	14061
have their certificates signed by those candidates. Observers	14062
appointed to a precinct may file their certificates of appointment	14063
with the presiding judge of the precinct at the meeting on the	14064
evening prior to the election, or with the presiding judge of the	14065
precinct on the day of the election. ~~Upon~~Observers appointed to	14066
the office of the board or another designated location to observe	14067
the casting of absent voter's ballots in person prior to the day	14068
of the election may file their certificates with the director of	14069
the board of elections, or, if pursuant to division (C) of	14070
section 3501.10 of the Revised Code the board has designated one	14071
or more other locations in the county at which registered electors	14072
may vote, with the election officials at such other location,	14073
whichever is appropriate, on the day that the observers are	14074
scheduled to serve at the office of the board or other designated	14075
location.	14076

Upon the filing of a certificate, the person named as	14077
observer in the certificate shall be permitted to be in and about	14078
the applicable polling place ~~for the precinct~~ during the casting	14079
of the ballots and shall be permitted to watch every proceeding of	14080
the judges of elections from the time of the opening until the	14081
closing of the polls. The observer also may inspect the counting	14082
of all ballots in the polling place or board of elections from the	14083
time of the closing of the polls until the counting is completed	14084
and the final returns are certified and signed. Observers	14085
appointed to serve at the board of elections on the day of an	14086
election under this section may observe at the board of elections	14087
and may observe at any precinct in the county. The judges of	14088
elections shall protect such observers in all of the rights and	14089
privileges granted to them by Title XXXV of the Revised Code.	14090

(D) No persons other than the judges of elections, the	14091
observers, a police officer, other persons who are detailed to any	14092
precinct on request of the board of elections, or the secretary of	14093
state or the secretary of state's legal representative shall be	14094
admitted to the polling place, or any room in which a board of	14095
elections is counting ballots, after the closing of the polls	14096
until the counting, certifying, and signing of the final returns	14097
of each election have been completed.	14098

(E) Not later than four p.m. of the twentieth day prior to an	14099
election at which questions are to be submitted to a vote of the	14100
people, any committee that in good faith advocates or opposes a	14101
measure may file ~~a petition~~an application with the board of any	14102
county asking that the ~~petitioners~~applicants be recognized as	14103
the committee entitled to appoint observers to the count at the	14104
election. If more than one committee alleging themselves to	14105
advocate or oppose the same measure file such ~~a petition~~an	14106
application, the board shall decide and ~~announce by registered~~	14107
~~mail to~~notify each committee not less than twelve days	14108
immediately preceding the election which committee is recognized	14109
as being entitled to appoint observers. The decision shall ~~not~~ be	14110
final, but any aggrieved party may institute mandamus proceedings	14111
in the court of common pleas of the county in which the board has	14112
jurisdiction to compel the judges of elections to accept the	14113
appointees of such aggrieved party. Any such recognized committee	14114
may appoint an observer to the count in each precinct. Committees	14115
appointing observers shall notify the board of elections of the	14116
names and addresses of its appointees and the precincts at which	14117
they shall serve. Notification shall take place not less than	14118
eleven days before the election on forms prescribed by the	14119
secretary of state and may be amended by filing an amendment with	14120
the board of elections at any time until four p.m. on the day	14121
before the election. A person so appointed shall file the person's	14122
certificate of appointment with the presiding judge in the	14123
precinct in which the person has been appointed to serve.	14124
Observers shall file their certificates before the polls are	14125
closed. In no case shall more than ~~six~~four observers for such	14126
recognized committees be appointed for any one election in any	14127
one precinct. If more than ~~three~~two questions are to be voted	14128
on, the committees which have appointed observers may agree upon	14129
not to exceed ~~six~~four observers, and the judges of elections	14130
shall appoint such observers. If such committees fail to agree,	14131
the judges of elections shall appoint ~~six~~four observers from the	14132
appointees so certified, in such manner that each side of the	14133
several questions shall be represented.	14134

(F) No person shall serve as an observer at any precinct or	14135
other voting location unless the board of elections of the county	14136
in which such observer is to serve has first been notified of the	14137
name, address, and precinct or other location at which such	14138
observer is to serve. Notification to the board of elections shall	14139
be given by the political party, group of candidates, or committee	14140
appointing such observer as prescribed in this section. No such	14141
observers shall receive any compensation from the county,	14142
municipal corporation, or township, and they shall take the	14143
following oath, to be administered by one of the judges of	14144
elections:	14145

"You do solemnly swear that you will faithfully and	14146
impartially discharge the duties as an official observer, assigned	14147
by law; that you will not cause any delay to persons offering to	14148
vote; and that you will not disclose or communicate to any person	14149
how any elector has voted at such election."	14150

(G)(1) An observer who serves during the casting of the	14151
ballots shall only be permitted to do the following:	14152

(a) Watch and listen to the activities conducted by the	14153
precinct election officials and the interactions between precinct	14154
election officials and voters, as long as the precinct election	14155
officials are not delayed in performing the officials' prescribed	14156
duties and voters are not delayed in casting their ballots;	14157

(b) Document the observer's observations;

14158

(c) Discuss with the election officials any alleged	14159
violations of Title XXXV of the Revised Code, any provision of	14160
federal election law, or any directive or advisory issued by the	14161
secretary of state.	14162

(2)(a) No observer who serves during the casting of the	14163
ballots shall interact with any voter while the observer is	14164
inside the polling place, within the area between the polling	14165
place and the small flags of the United States placed on the	14166
thoroughfares and walkways leading to the polling place, or	14167
within ten feet of any elector in line waiting to vote, if the	14168
line of electors waiting to vote extends beyond those small	14169
flags.	14170

(b) An observer does not violate division (G)(2)(a) of this	14171
section as a result of an incidental interaction with a voter,	14172
such as an exchange of greetings or directing a voter to an	14173
election official.	14174

(3) Each person who serves as an observer during the casting	14175
of ballots shall display a name tag or badge upon which may only	14176
be stated "Observer" followed by the first and last name of the	14177
observer.	14178

(H) The secretary of state shall prescribe uniform observer	14179
training materials, which shall be made available on the secretary	14180
of state's web site not less than sixty days before the day of an	14181
election. A board of elections shall provide to each political	14182
party, group of five candidates, or committee appointing observers	14183
an electronic link to those training materials, and the political	14184
party, group of five candidates, or committee shall make its best	14185
effort to provide the link to all observers it appoints.	14186

(I) The board of elections shall provide for each observer	14187
and each election official a brief overview of the rules and	14188
responsibilities for election officials and observers, which shall	14189
be prescribed by the secretary of state.	14190

Sec. 3505.23. No voter shall be allowed to occupy a voting	14191
compartment or use a voting machine more than ~~five~~ten minutes	14192
when all the voting compartments or machines are in use and	14193
voters are waiting to occupy them. Except as otherwise provided	14194
by section 3505.24 of the Revised Code, no voter shall occupy a	14195
voting compartment or machine with another person or speak to	14196
anyone, nor shall anyone speak to the voter, while the voter is	14197
in a voting compartment or machine.	14198

In precincts that do not use voting machines the following	14199
procedure shall be followed:	14200

If a voter tears, soils, defaces, or erroneously marks a	14201
ballot the voter may return it to the precinct election officials	14202
and a second ballot shall be issued to the voter. Before returning	14203
a torn, soiled, defaced, or erroneously marked ballot, the voter	14204
shall fold it so as to conceal any marks the voter made upon it,	14205
but the voter shall not remove Stub A therefrom. If the voter	14206
tears, soils, defaces, or erroneously marks such second ballot,	14207
the voter may return it to the precinct election officials, and a	14208
third ballot shall be issued to the voter. In no case shall more	14209
than three ballots be issued to a voter. Upon receiving a returned	14210
torn, soiled, defaced, or erroneously marked ballot the precinct	14211
election officials shall detach Stub A therefrom, write "Defaced"	14212
on the back of such ballot, and place the stub and the ballot in	14213
the separate containers provided therefor.	14214

No elector shall leave the polling place until the elector	14215
returns to the precinct election officials every ballot issued to	14216
the elector with Stub A on each ballot attached thereto,	14217
regardless of whether the elector has or has not placed any marks	14218
upon the ballot.	14219

Before leaving the voting compartment, the voter shall fold	14220
each ballot marked by the voter so that no part of the face of	14221
the ballot is visible, and so that the printing thereon	14222
indicating the kind of ballot it is and the facsimile signatures	14223
of the members of the board of elections are visible. The voter	14224
shall then leave the voting compartment, deliver the voter's	14225
ballots, and state the voter's name to the judge having charge	14226
of the ballot boxes, who shall announce the name, detach Stub A	14227
from each ballot, and announce the number on the stubs. The	14228
judges in charge of the poll lists or poll books shall check to	14229
ascertain whether the number so announced is the number on Stub	14230
B of the ballots issued to such voter, and if no discrepancy	14231
appears to exist, the judge in charge of the ballot boxes shall,	14232
in the presence of the voter, deposit each such ballot in the	14233
proper ballot box and shall place Stub A from each ballot in the	14234
container provided therefor. The voter shall then immediately	14235
leave the polling place.	14236

No ballot delivered by a voter to the judge in charge of the	14237
ballot boxes with Stub A detached therefrom, and only ballots	14238
provided in accordance with Title XXXV of the Revised Code, shall	14239
be voted or deposited in the ballot boxes.	14240

In marking a presidential ballot, the voter shall record the	14241
vote in the manner provided on the ballot next to the names of the	14242
candidates for the offices of president and vice-president. Such	14243
ballot shall be considered and counted as a vote for each of the	14244
candidates for election as presidential elector whose names were	14245
certified to the secretary of state by the political party of such	14246
nominees for president and vice-president.	14247

In marking an office type ballot or nonpartisan ballot, the	14248
voter shall record the vote in the manner provided on the ballot	14249
next to the name of each candidate for whom the voter desires to	14250
vote.	14251

In marking a primary election ballot, the voter shall record	14252
the vote in the manner provided on the ballot next to the name of	14253
each candidate for whom the voter desires to vote. If the voter	14254
desires to vote for the nomination of a person whose name is not	14255
printed on the primary election ballot, the voter may do so by	14256
writing such person's name on the ballot in the proper place	14257
provided for such purpose.	14258

In marking a questions and issues ballot, the voter shall	14259
record the vote in the manner provided on the ballot at the left	14260
or at the right of "YES" or "NO" or other words of similar import	14261
which are printed on the ballot to enable the voter to indicate	14262
how the voter votes in connection with each question or issue upon	14263
which the voter desires to vote.	14264

In marking any ballot on which a blank space has been	14265
provided wherein an elector may write in the name of a person for	14266
whom the elector desires to vote, the elector shall write such	14267
person's name in such blank space and on no other place on the	14268
ballot. Unless specific provision is made by statute, no blank	14269
space shall be provided on a ballot for write-in votes, and any	14270
names written on a ballot other than in a blank space provided	14271
therefor shall not be counted or recorded.	14272

Sec. 3505.28. No ~~ballot shall be counted which is marked~~	14273
~~contrary to law, except that no~~ ballot shall be rejected for any	14274
technical error unless it is impossible to determine the voter's	14275
choice. If two or more ballots are found folded together among the	14276
ballots removed from a ballot box, they shall be deemed to be	14277
fraudulent. Such ballots shall not be counted. They shall be	14278
marked "Fraudulent" and shall be placed in an envelope indorsed	14279
"Not Counted" with the reasons therefor, and such envelope shall	14280
be delivered to the board of elections together with other	14281
uncounted ballots.	14282

No ballot shall be rejected because of being marked with ink	14283
or by any writing instrument other than one of the pencils	14284
provided by the board of elections.	14285

Sec. 3505.30. When the results of the ballots have been	14286
ascertained, such results shall be embodied in a summary statement	14287
to be prepared by the judges in duplicate, on forms provided by	14288
the board of elections. One copy shall be certified by the judges	14289
and posted on the front of the polling place, and one copy,	14290
similarly certified, shall be transmitted without delay to the	14291
board in a sealed envelope along with the other returns of the	14292
election. The board shall, immediately upon receipt of such	14293
summary statements, compile and prepare an unofficial count and	14294
upon its completion shall transmit prepaid, immediately by	14295
telephone, facsimile machine, or other telecommunications device,	14296
the results of such unofficial count to the secretary of state, or	14297
to the board of the most populous county of the district which is	14298
authorized to canvass the returns. Such count, in no event, shall	14299
be made later than twelve noon on the day following the election.	14300
The board shall also, at the same time, certify the results	14301
thereof to the secretary of state ~~by certified mail~~. The board	14302
shall remain in session from the time of the opening of the polls,	14303
continuously, until the results of the election are received from	14304
every precinct in the county and such results are communicated to	14305
the secretary of state.	14306

Sec. 3505.32. (A) Except as otherwise provided in division	14307
(D) of this section, not earlier than the eleventh day or later	14308
than the fifteenth day after a general or special election ~~or, if~~	14309
~~a special election was held on the day of a presidential primary~~	14310
~~election, not earlier than the twenty-first day or later than the~~	14311
~~twenty-fifth day after the special election~~, the board of	14312
elections shall begin to canvass the election returns from the	14313
precincts in which electors were entitled to vote at that	14314
election. It shall continue the canvass daily until it is	14315
completed and the results of the voting in that election in each	14316
of the precincts are determined.	14317

The board shall complete the canvass not later than the	14318
twenty-first day after the day of the election~~, or if a special~~	14319
~~election was held on the day of a presidential primary election,~~	14320
~~not later than the thirty-first day after the day of the special~~	14321
~~election~~. Eighty-one days after the day of the election, or	14322
~~ninety-one days after the day of a special election held on the~~	14323
~~day of the presidential primary election,~~ the canvass of election	14324
returns shall be deemed final, and no amendments to the canvass	14325
may be made after that date. The secretary of state may specify an	14326
earlier date upon which the canvass of election returns shall be	14327
deemed final, and after which amendments to the final canvass may	14328
not be made, if so required by federal law.	14329

(B) The county executive committee of each political party,	14330
each committee designated in a petition nominating an independent	14331
or nonpartisan candidate for election at an election, each	14332
committee designated in a petition to represent the petitioners	14333
pursuant to which a question or issue was submitted at an	14334
election, and any committee opposing a question or issue submitted	14335
at an election that was permitted by section 3505.21 of the	14336
Revised Code to have a qualified elector serve as an observer	14337
during the counting of the ballots at each polling place at an	14338
election may designate a qualified elector who may be present and	14339
may observe the making of the official canvass.	14340

(C) The board shall first open all envelopes containing	14341
uncounted ballots and shall count and tally them.	14342

In connection with its investigation of any apparent or	14343
suspected error or defect in the election returns from a polling	14344
place, the board may cause subpoenas to be issued and served	14345
requiring the attendance before it of the election officials of	14346
that polling place, and it may examine them under oath regarding	14347
the manner in which the votes were cast and counted in that	14348
polling place, or the manner in which the returns were prepared	14349
and certified, or as to any other matters bearing upon the voting	14350
and the counting of the votes in that polling place at that	14351
election.	14352

Finally, the board shall open the sealed container containing	14353
the ballots that were counted in the polling place at the election	14354
and count those ballots, during the official canvass, in the	14355
presence of all of the members of the board and any other persons	14356
who are entitled to witness the official canvass.	14357

(D) Prior to the tenth day after a primary, general, or	14358
special election, the board may examine the pollbooks, poll lists,	14359
and tally sheets received from each polling place for its files	14360
and may compare the results of the voting in any polling place	14361
with the summary statement received from the polling place. If the	14362
board finds that any of these records or any portion of them is	14363
missing, or that they are incomplete, not properly certified, or	14364
ambiguous, or that the results of the voting in the polling place	14365
as shown on the summary statement from the polling place are	14366
different from the results of the voting in the polling place as	14367
shown by the pollbook, poll list, or tally sheet from the polling	14368
place, or that there is any other defect in the records, the board	14369
may make whatever changes to the pollbook, poll list, or tally	14370
sheet it determines to be proper in order to correct the errors or	14371
defects.	14372

Sec. 3505.331. Not later than thirty days after the	14373
certification of the results of an election in accordance with	14374
section 3505.33 of the Revised Code, each board of elections shall	14375
send to the secretary of state any statistics or information	14376
regarding that election that the secretary of state requires, in	14377
addition to the following information, which shall be compiled by	14378
precinct:	14379

(A) The number of registered voters eligible to cast a ballot	14380
in that election;	14381

(B) The total number of ballots cast and total number of	14382
ballots counted;	14383

(C) The number of provisional ballots cast prior to election	14384
day; the reason for the voter receiving a provisional ballot,	14385
which shall be sorted by category as prescribed by the secretary	14386
of state; the number of provisional ballots cast on election day;	14387
and the number of provisional ballots counted, not counted, and	14388
the reason such ballots were not counted, which shall be sorted by	14389
category as prescribed by the secretary of state;	14390

(D) The number of absent voter's ballots requested in person;	14391
the number of such ballots provided; the number of such ballots	14392
cast; and the number of such ballots counted, not counted, and the	14393
reason such ballots were not counted, which shall be sorted by	14394
category as prescribed by the secretary of state;	14395

(E) The number of absent voter's ballots requested by mail,	14396
the number of such ballots provided, the number of such ballots	14397
cast, and the number of such ballots counted, and not counted; and	14398

(F) The number of armed service absent voter's ballots	14399
requested; the number of such ballots provided; the number of such	14400
ballots cast, and the number of such ballots counted and not	14401
counted.	14402

Sec. 3506.02. Voting machines, marking devices, and	14403
automatic tabulating equipment may be adopted for use in elections	14404
in any county in the following manner:	14405

(A) By the board of elections;

14406

(B) By the board of county commissioners of such county on	14407
the recommendation of the board of elections;	14408

(C) By the affirmative vote of a majority of the electors of	14409
such county voting upon the question of the adoption of such	14410
equipment in such county.	14411

If a petition signed by electors equal in number to two per	14412
cent of the total votes cast in the county for the office of	14413
governor at the most recent general election for that office is	14414
filed with the board of elections, such board shall submit to the	14415
electors of such county at the next general election occurring not	14416
less than ~~seventy-five~~eighty-five days thereafter the question	14417
"Shall voting machines, marking devices, and automatic tabulating	14418
equipment be adopted in the county of ........................?"	14419
Upon the filing of such petition, the board of elections shall	14420
forthwith notify the board of county commissioners, and the board	14421
of county commissioners shall forthwith determine whether it would	14422
prefer to purchase or lease such equipment in whole or in part for	14423
cash and if so whether it will be necessary or advisable to issue	14424
bonds to provide funds for the purchase of such equipment, if	14425
adopted. If the board of county commissioners determines that it	14426
is necessary or advisable to issue bonds therefor, it shall by	14427
resolution provide for the submission on the same ballot, but as a	14428
separate issue, the question of issuing such bonds. The question	14429
of issuing such bonds shall be submitted as required by division	14430
(A) of section 3506.03 of the Revised Code.	14431

Sec. 3506.11. The names of all candidates for an office	14432
shall be arranged in a group under the title of the office and	14433
printed on labels so that they may be rotated on the voting	14434
machine as provided in section 3505.03 of the Revised Code. The	14435
title of each office and the name of each candidate shall be	14436
printed flush left and shall not be centered on the ballot, in any	14437
column appearing on the ballot, or in any column appearing on the	14438
voting machine. The name of each candidate shall be printed using	14439
standard capitalization in accordance with instructions provided	14440
by the secretary of state and shall not be printed using all	14441
capital letters. Under the name of each candidate nominated at a	14442
primary election or certified by a party committee to fill a	14443
vacancy under section 3513.31 of the Revised Code, the name of	14444
the political party that nominated or certified the candidate	14445
shall be printed in less prominent typeface than that in which	14446
the candidate's name is printed.	14447

Sec. 3506.12. In counties where marking devices, automatic	14448
tabulating equipment, voting machines, or any combination of these	14449
are in use or are to be used, ~~the board of elections~~both of the	14450
following apply:	14451

(A) ~~May~~A board of elections may combine, rearrange, and	14452
enlarge precincts; but the board shall arrange for a sufficient	14453
number of these devices to accommodate the number of electors in	14454
each precinct ~~as determined by the number of votes cast in that~~	14455
~~precinct at the most recent election for the office of governor,~~	14456
~~taking into consideration the size and location of each selected~~	14457
~~polling place, available parking, handicap accessibility and other~~	14458
~~accessibility to the polling place, and the number of candidates~~	14459
~~and issues to be voted on~~by calculating the minimum number of	14460
devices required for each precinct. The board of elections shall	14461
calculate that minimum number of devices by taking into account	14462
the number of registered voters in the precinct, the voter	14463
turnout in the precinct at the most recent similar election, and	14464
the estimated length of time for an average voter to complete the	14465
voter's ballot in the election. The board may exclude from the	14466
number of voters those individuals who have failed to respond	14467
within thirty days to any confirmation notice and those voters who	14468
requested an absent voter's ballot for the most recent similar	14469
election.	14470

After establishing a minimum number of voting machines for	14471
each precinct, the board of elections shall consider the following	14472
criteria when allocating additional devices:	14473

(1) The historic voter turnout in the precinct;

14474

(2) Any increase or decrease in the number of registered	14475
voters in the precinct since the last previous election;	14476

(3) Whether voters in the precinct have historically had	14477
longer-than-average wait times to use voting equipment;	14478

(4) The historic level of requests for absent voter's ballots	14479
in the precinct;	14480

(5) The length of the ballot in a particular precinct for the	14481
applicable election;	14482

(6) The number of registered voters in the precinct; and

14483

(7) The number of voting machines needed by the board of	14484
elections for delivery on the day of election in the case of an	14485
emergency, except that the board shall adopt a specific policy	14486
governing the delivery of such emergency voting machines.	14487

The board shall post the draft voting equipment distribution	14488
plan for public comment at the office of the board of elections	14489
and, if the board of elections maintains a web site, on that web	14490
site, not later than fifteen days before the date of the election	14491
for not less than five business days. After the conclusion of the	14492
public comment period, the board of elections shall conduct a full	14493
vote of the board during a public session of the board on the	14494
allocation of voting machines, marking devices, and automatic	14495
tabulating equipment for each precinct in the county.	14496
Notwithstanding section 3501.22 of the Revised Code, the board may	14497
appoint more than four precinct officers to each precinct if this	14498
is made necessary by the number of voting machines to be used in	14499
that precinct.	14500

(B) Except as otherwise provided in this division, a board of	14501
elections shall establish one or more counting stations to receive	14502
voted ballots and other precinct election supplies after the	14503
precinct polling ~~precincts~~locations are closed. Those stations	14504
shall be under the supervision and direction of the board of	14505
elections. Processing and counting of voted ballots, and the	14506
preparation of summary sheets, shall be done in the presence of	14507
observers approved by the board. A certified copy of the summary	14508
sheet for the precinct shall be posted at each counting station	14509
immediately after completion of the summary sheet.	14510

~~In counties where punch card ballots are used, one or more~~	14511
~~counting stations, located at the board of elections, shall be~~	14512
~~established, at which location all punch card ballots shall be~~	14513
~~counted.~~	14514

~~As used in this division, "punch card ballot" has the same~~	14515
~~meaning as in section 3506.16 of the Revised Code.~~	14516

Sec. 3506.21. (A) As used in this section, "optical scan	14517
ballot" means a ballot that is marked by using a specified writing	14518
instrument to fill in a designated position to record a voter's	14519
candidate, question, or issue choice and that can be scanned and	14520
electronically read in order to tabulate the vote.	14521

(B)(1) In addition to marks that can be scanned and	14522
electronically read by automatic tabulating equipment, any of the	14523
following marks, if a majority of those marks are made in a	14524
consistent manner throughout an optical scan ballot, shall be	14525
counted as a valid vote:	14526

(a) A candidate, question, or issue choice that has been	14527
circled by the voter;	14528

(b) An oval beside the candidate, question, or issue choice	14529
that has been circled by the voter;	14530

(c) An oval beside the candidate, question, or issue choice	14531
that has been marked by the voter with an "x," a check mark, or	14532
other recognizable mark;	14533

(d) A candidate, question, or issue choice that has been	14534
marked with a writing instrument that cannot be recognized by	14535
automatic tabulating equipment.	14536

(2) Marks made on an optical scan ballot in accordance with	14537
division (B)(1) of this section shall be counted as valid votes	14538
only if that optical scan ballot contains no marks that can be	14539
scanned and electronically read by automatic tabulating equipment.	14540

(3) IfSubject to division (E) of this section, if automatic	14541
tabulating equipment detects that more marks were made on an	14542
optical scan ballot for a particular office, question, or issue	14543
than the number of selections that a voter is allowed by law to	14544
make for that office, question, or issue, the voter's ballot	14545
shall be invalidated for that office, question, or issue. The	14546
ballot shall not be invalidated for any other office, question,	14547
or issue for which the automatic tabulating equipment detects a	14548
vote to have been cast, in accordance with the law.	14549

(C) The secretary of state may adopt rules under Chapter 119.	14550
of the Revised Code to authorize additional types of optical scan	14551
ballots and to specify the types of marks on those ballots that	14552
shall be counted as a valid vote to ensure consistency in the	14553
counting of ballots throughout the state.	14554

(D)(1) A board of elections of a county that uses optical	14555
scan ballots and automatic tabulating equipment as the primary	14556
voting system for the county shall not tabulate the unofficial	14557
results of optical scan ballots voted on election day at a central	14558
location.	14559

(2) A board of elections that provides for the tabulation at	14560
each precinct of voted ballots, and then, at a central location,	14561
combines those precinct ballot totals with ballot totals from	14562
other precincts, including optical scan ballots voted by absent	14563
voters, shall not be considered to be tabulating the unofficial	14564
results of optical scan ballots at a central location for the	14565
purpose of division (D)(1) of this section.	14566

(E) If a voter has marked a ballot for a particular	14567
candidate and also has written in the same candidate's name as a	14568
write-in candidate for the same office, the ballot shall not be	14569
invalidated with respect to that office. The ballot shall be	14570
separated from the remainder of the ballots and preserved so that	14571
the ballot can be remade and tabulated for the official canvass of	14572
the election returns and for any subsequent recount or	14573
postelection audit.	14574

The election officials shall remake any such ballot by	14575
properly marking a replacement ballot with a vote for the named	14576
candidate. Ballots remade under this division shall be tabulated	14577
in the same manner as other ballots for the official canvass of	14578
the election returns and for any subsequent recount or	14579
postelection audit. The original ballot shall be marked as having	14580
been remade and shall be retained separately by the board of	14581
elections.	14582

Sec. 3507.01. (A) Notwithstanding any provision of the	14583
Revised Code to the contrary, a board of elections of a county may	14584
conduct the following elections held within the county as an	14585
election by mail:	14586

(1) A special election held on a day other than the day of a	14587
primary or general election;	14588

(2) An election to fill a vacancy in a nomination pursuant to	14589
section 3513.312 of the Revised Code or a vacancy in an elective	14590
office pursuant to section 3521.03 of the Revised Code;	14591

(3) Any election at which no nominations for or elections to	14592
office appear on the ballot.	14593

(B) The secretary of state shall adopt rules under Chapter	14594
119. of the Revised Code governing the holding of an election by	14595
mail when the district or area within which the election is being	14596
conducted includes territory in more than one county.	14597

Sec. 3507.02. Except as otherwise provided in this section,	14598
if a board of elections conducts an election by mail, the board	14599
shall mail an absent voter's ballot application on or before the	14600
forty-fifth day before the day of the election, to each	14601
qualified elector of the county who is entitled to vote on the	14602
office, question, or issue certified for placement on the	14603
ballot. A board of elections shall not mail an absent voter's	14604
ballot application to an elector under this section if the	14605
elector has previously submitted an application for annual	14606
absent voter's ballot for that year and instead shall mail	14607
absent voter's ballots for the election by mail to such an	14608
elector.	14609

Sec. 3507.03. If a board of elections conducts an election	14610
by mail, the board shall open its office from 6:30 a.m. until 7:30	14611
p.m. on the day of the election to allow qualified voters to	14612
vote in person and to receive completed absent voter's ballots.	14613
The board shall place a notice at all polling places in the	14614
jurisdiction in which the election by mail is being conducted that	14615
were used at the last regular state election stating the	14616
location of the office of the board of elections, that absent	14617
voter's ballots may be delivered to the office of the board of	14618
elections, and that absent voter's ballots may be cast in person	14619
at the office of the board of elections from 6:30 a.m. until 7:30	14620
p.m. No other polling places shall be open on the day of the	14621
election conducted as an election by mail.	14622

Sec. 3509.01. (A) The board of elections of each county shall	14623
provide absent voter's ballots for use at every primary and	14624
general election, or special election to be held on the day	14625
specified by division (E) of section 3501.01 of the Revised Code	14626
for the holding of a primary election, designated by the general	14627
assembly for the purpose of submitting constitutional amendments	14628
proposed by the general assembly to the voters of the state. Those	14629
ballots shall be the same size, shall be printed on the same kind	14630
of paper, and shall be in the same form as has been approved for	14631
use at the election for which those ballots are to be voted;	14632
~~except that, in counties using marking devices, ballot cards may~~	14633
~~be used for absent voter's ballots, and those absent voters shall~~	14634
~~be instructed to record the vote in the manner provided on the~~	14635
~~ballot cards~~. ~~In counties where punch card ballots are used, those~~	14636
~~absent voters shall be instructed to examine their marked ballot~~	14637
~~cards and to remove any chads that remain partially attached to~~	14638
~~them before returning them to election officials.~~The secretary	14639
of state shall prescribe uniform standards for absent voter's	14640
ballot materials, forms, and content. The boards of elections	14641
shall adhere to the standards prescribed by the secretary of	14642
state in preparing absent voter's ballots under this chapter.	14643

(B) The rotation of names of candidates and questions and	14644
issues shall be substantially complied with on absent voter's	14645
ballots~~, within the limitation of time allotted~~. Those ballots	14646
shall be designated as "Absent Voter's Ballots." ~~and~~Except as	14647
otherwise provided in division (D) of this section, those ballots	14648
shall be printed and ready for use as follows:	14649

(1) For overseas voters and absent uniformed services voters	14650
eligible to vote under the "Uniformed and Overseas Citizens	14651
Absentee Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	14652
1973ff, et seq., as amended, ballots shall be printed and ready	14653
for use on the ~~thirty-fifth~~forty-fifth day before the day of the	14654
election~~, except that those ballots shall be printed and ready~~	14655
~~for use on the twenty-fifth day before the day of a presidential~~	14656
~~primary election~~;	14657

(2) For all voters, other than overseas voters and absent	14658
uniformed services voters, who are applying to vote absent voter's	14659
ballots, ballots shall be printed and ready for use beginning on	14660
the twenty-eighth day before the day of the election and shall	14661
continue to be available for use through noon on the last Monday	14662
before the day of the election.	14663

(C) Absent voter's ballots provided for use at a general or	14664
primary election, or special election to be held on the day	14665
specified by division (E) of section 3501.01 of the Revised Code	14666
for the holding of a primary election, designated by the general	14667
assembly for the purpose of submitting constitutional amendments	14668
proposed by the general assembly to the voters of the state, shall	14669
include only those questions, issues, and candidacies that have	14670
been lawfully ordered submitted to the electors voting at that	14671
election.	14672

(D) Absent voter's ballots for special elections held on	14673
days other than the day on which general or primary elections are	14674
held shall be ready for use as many days before the day of the	14675
election as reasonably possible under the laws governing the	14676
holding of that special election.	14677

(E) A copy of the absent voter's ballots shall be forwarded	14678
by the director of the board in each county to the secretary of	14679
state at least twenty-five days before the election.	14680

~~As used in this section, "chad" and "punch card ballot" have~~	14681
~~the same meanings as in section 3506.16 of the Revised Code.~~	14682

Sec. 3509.02. (A) Any qualified elector may vote by absent	14683
voter's ballots at an election.	14684

(B) Any qualified elector who is unable to appear at the	14685
office of the board of elections or, if pursuant to division (C)	14686
of section 3501.10 of the Revised Code the board has designated	14687
~~another location~~one or more other locations in the county at	14688
which registered electors may vote, at ~~that~~such other location on	14689
~~account of personal illness, physical disability, or infirmity~~,	14690
and who moves from one precinct to another within a county,	14691
~~changes the elector's name and moves from one precinct to another~~	14692
~~within a county, or~~ moves from one county to another county within	14693
the state, changes the elector's name, changes the elector's name	14694
and moves from one precinct to another within a county, or changes	14695
the elector's name and moves from one county to another county	14696
within the state, on or prior to the day of a general, primary, or	14697
special election and has not filed a notice of change of residence	14698
or, change of name, or both, as applicable, may vote by absent	14699
voter's ballots in that election as specified in division (G) of	14700
section 3503.16 of the Revised Code.	14701

Sec. 3509.03. (A) Except as provided in section 3509.031 or	14702
division (B) of section 3509.08 of the Revised Code, any	14703
qualified elector desiring to vote absent voter's ballots at an	14704
election shall make written application for those ballots to the	14705
director of elections of the county in which the elector's	14706
voting residence is located. The written application may be	14707
submitted in person, by mail, by facsimile transmission, by	14708
electronic mail, or by other electronic means via the internet.	14709
The application need not be in any particular form but shall	14710
contain all of the following:	14711

~~(A)~~(1) The elector's name;

14712

~~(B)~~(2) The elector's signature or, if the application is	14713
transmitted electronically, an image of the elector's signature;	14714

~~(C)~~(3) The address at which the elector is registered to	14715
vote;	14716

~~(D)~~(4) The elector's ~~date of birth~~birthdate;

14717

~~(E)~~(5) One of the following, unless the elector is a	14718
first-time mail-in registrant:	14719

~~(1)~~(a) The elector's Ohio driver's license number;

14720

~~(2)~~(b) The last four digits of the elector's social security	14721
number;	14722

~~(3)~~(c) A copy of the elector's ~~current and valid photo~~	14723
~~identification, a copy of a military identification, or a copy of~~	14724
~~a current utility bill, bank statement, government check,~~	14725
~~paycheck, or other government document, other than a notice of~~	14726
~~an election mailed by a board of elections under section~~	14727
~~3501.19 of the Revised Code or a notice of voter registration~~	14728
~~mailed by a board of elections under section 3503.19 of the~~	14729
~~Revised Code, that shows the name and address of the elector~~	14730
identification.	14731

~~(F)~~(6) A statement identifying the election for which absent	14732
voter's ballots are requested;	14733

~~(G)~~(7) A statement that the person requesting the ballots is	14734
a qualified elector;	14735

~~(H)~~(8) If the request is for primary election ballots, the	14736
elector's party affiliation;	14737

~~(I)~~(9) If the elector desires ballots to be mailed to the	14738
elector, the address to which those ballots shall be mailed;	14739

(10) If the elector is a first-time mail-in registrant, a	14740
copy of the elector's first-time mail-in registrant	14741
identification.	14742

~~A voter who will be outside the United States on the day of~~	14743
~~any election during a calendar year may use a single federal~~	14744
~~post card application to apply for absent voter's ballots. Those~~	14745
~~ballots shall be sent to the voter for use at the primary and~~	14746
~~general elections in that year and any special election to be held~~	14747
~~on the day in that year specified by division (E) of section~~	14748
~~3501.01 of the Revised Code for the holding of a primary election,~~	14749
~~designated by the general assembly for the purpose of submitting~~	14750
~~constitutional amendments proposed by the general assembly to the~~	14751
~~voters of the state unless the voter reports a change in the~~	14752
~~voter's voting status to the board of elections or the voter's~~	14753
~~intent to vote in any such election in the precinct in this state~~	14754
~~where the voter is registered to vote. A single federal postcard~~	14755
~~application shall be processed by the board of elections pursuant~~	14756
~~to section 3509.04 of the Revised Code the same as if the voter~~	14757
~~had applied separately for absent voter's ballots for each~~	14758
~~election. When mailing absent voter's ballots to a voter who~~	14759
~~applied for them by single federal post card application, the~~	14760
~~board shall enclose notification to the voter that the voter must~~	14761
~~report to the board subsequent changes in the voter's voting~~	14762
~~status or the voter's subsequent intent to vote in any such~~	14763
~~election in the precinct in this state where the voter is~~	14764
~~registered to vote. Such notification shall be in a form~~	14765
~~prescribed by the secretary of state. As used in this section,~~	14766
~~"voting status" means the voter's name at the time the voter~~	14767
~~applied for absent voter's ballots by single federal post card~~	14768
~~application and the voter's address outside the United States to~~	14769
~~which the voter requested that those ballots be sent.~~	14770

~~Each~~(B)(1) An elector may make a single request for absent	14771
voter's ballots for all elections at which the elector is eligible	14772
to vote during a calendar year. The application shall contain the	14773
information specified in division (A) of this section and also	14774
shall specify that the elector is requesting absent voter's	14775
ballots for each election during that year. If the elector wishes	14776
to vote primary election ballots, the elector shall state the	14777
elector's party affiliation in the application.	14778

If an elector applies for annual absent voter's ballots under	14779
this division, the application shall be processed by the board of	14780
elections pursuant to section 3509.04 of the Revised Code the same	14781
as if the elector had applied separately for absent voter's	14782
ballots for each election during the applicable calendar year.	14783
Absent voter's ballots shall be sent to the elector for use at	14784
each election during the applicable calendar year for which the	14785
elector is eligible to cast a ballot. When sending absent voter's	14786
ballots to an elector who applied for them under this division,	14787
the board shall enclose notification to the elector that the	14788
elector must report to the board subsequent changes in the	14789
elector's voting status, changes in the elector's address, or the	14790
elector's intent to vote at a polling location in the jurisdiction	14791
in this state where the elector is registered to vote. Such	14792
notification shall be in a form prescribed by the secretary of	14793
state.	14794

If an absent voter's ballot or any official response to an	14795
application for an annual absent voter's ballot is returned	14796
undeliverable to the board of elections, the board shall attempt	14797
to contact the elector to verify the elector's mailing address	14798
using any available contact information in the elector's voter	14799
registration record including the elector's telephone number,	14800
facsimile transmission number, or electronic mail address. If the	14801
board is unable to contact the elector, the board shall not send	14802
absent voter's ballots for any subsequent election to that	14803
elector until the elector submits another application and the	14804
information in that application is verified. The board shall	14805
remove from the poll list or signature pollbook any notation that	14806
the elector requested an absent voter's ballot. The elector may	14807
cast a regular ballot if the elector appears to vote in person on	14808
the day of the election or the elector may cast an absent voter's	14809
ballot in person at the board of elections or if pursuant to	14810
division (C) of section 3501.10 of the Revised Code the board has	14811
designated one or more other locations in the county at which	14812
registered electors may cast an absent voter's ballot in person,	14813
at such other location.	14814

(2) Not later than the fifteenth day of December of each	14815
year, the board of elections shall send an application for annual	14816
absent voter's ballots for the following calendar year to each	14817
person who requested annual absent voter's ballots under division	14818
(B)(1) of this section for the current year and cast such ballots	14819
in the general election. An elector who completes and returns	14820
such an application shall be eligible to receive annual absent	14821
voter's ballots under division (B)(1) of this section for the	14822
applicable year.	14823

(C) Except for annual applications for absent voter's ballots	14824
submitted under division (B)(2) of this section, each application	14825
for absent voter's ballots shall be delivered to the director not	14826
earlier than the first day of January of the year of the elections	14827
for which the absent voter's ballots are requested or not earlier	14828
than ninety days before the day of the election at which the	14829
ballots are to be voted, whichever is earlier, and not later than	14830
twelve noon of the third day before the day of the election at	14831
which the ballots are to be voted, or not later than ~~the close of~~	14832
~~regular business hours~~noon on the day before the day of the	14833
election at which the ballots are to be voted if the application	14834
is delivered in person to the office of the board.	14835

Sec. 3509.031. (A) Any qualified elector who is a member of	14836
the organized militia called to active duty within the state and	14837
who will be unable to vote on election day on account of that	14838
active duty may make written application for absent voter's	14839
ballots to the director of elections for the county in which the	14840
elector's voting residence is located. The elector may personally	14841
deliver the application to the director or may mail it, send it by	14842
facsimile machine, send it by electronic mail, send it by other	14843
electronic means via the internet, or otherwise send it to the	14844
director. The application need not be in any particular form but	14845
shall contain all of the following:	14846

(1) The elector's name;

14847

(2) The elector's signature or, if the application is	14848
transmitted electronically, an image of the elector's signature;	14849

(3) The address at which the elector is registered to vote;

14850

(4) The elector's ~~date of birth~~birthdate;

14851

(5) One of the following, unless the elector is a first-time	14852
mail-in registrant:	14853

(a) The elector's Ohio driver's license number;

14854

(b) The last four digits of the elector's social security	14855
number;	14856

(c) A copy of the elector's ~~current and valid photo~~	14857
~~identification, a copy of a military identification, or a copy of~~	14858
~~a current utility bill, bank statement, government check,~~	14859
~~paycheck, or other government document, other than a notice of~~	14860
~~an election mailed by a board of elections under section~~	14861
~~3501.19 of the Revised Code or a notice of voter registration~~	14862
~~mailed by a board of elections under section 3503.19 of the~~	14863
~~Revised Code,~~ that shows the name and address of the elector	14864
identification.	14865

(6) A statement identifying the election for which absent	14866
voter's ballots are requested;	14867

(7) A statement that the person requesting the ballots is a	14868
qualified elector;	14869

(8) A statement that the elector is a member of the organized	14870
militia serving on active duty within the state;	14871

(9) If the request is for primary election ballots, the	14872
elector's party affiliation;	14873

(10) If the elector desires ballots to be mailed to the	14874
elector, the address to which those ballots shall be mailed;	14875

(11) If the elector desires ballots to be sent to the elector	14876
by facsimile machine, the telephone number to which they shall be	14877
so sent;	14878

(12) If the elector is a first-time mail-in registrant, a	14879
copy of the elector's first-time mail-in registrant	14880
identification.	14881

(B) Application to have absent voter's ballots mailed or,	14882
sent by facsimile machine, or otherwise sent to a qualified	14883
elector who is a member of the organized militia called to active	14884
duty within the state and who will be unable to vote on election	14885
day on account of that active duty may be made by the spouse of	14886
the militia member or the father, mother, father-in-law,	14887
mother-in-law, grandfather, grandmother, brother or sister of the	14888
whole blood or half blood, son, daughter, adopting parent,	14889
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	14890
niece of the militia member. The application shall be in writing	14891
upon a blank form furnished only by the director. The form of the	14892
application shall be prescribed by the secretary of state. The	14893
director shall furnish that blank form to any of the relatives	14894
specified in this division desiring to make the application, only	14895
upon the request of such a relative in person at the office of	14896
the board or upon the written request of such a relative mailed,	14897
sent by facsimile transmission, sent by electronic mail, or sent	14898
by other electronic means via the internet to the office of the	14899
board. The application, subscribed and sworn to by the applicant,	14900
shall contain all of the following:	14901

(1) The full name of the elector for whom ballots are	14902
requested;	14903

(2) A statement that such person is a qualified elector in	14904
the county;	14905

(3) The address at which the elector is registered to vote;

14906

(4) The elector's ~~date of birth~~birthdate;

14907

(5) One of the following, unless the elector is a first-time	14908
mail-in registrant:	14909

(a) The elector's Ohio driver's license number;

14910

(b) The last four digits of the elector's social security	14911
number;	14912

(c) A copy of the elector's ~~current and valid photo~~	14913
~~identification, a copy of a military identification, or a copy of~~	14914
~~a current utility bill, bank statement, government check,~~	14915
~~paycheck, or other government document, other than a notice of~~	14916
~~an election mailed by a board of elections under section~~	14917
~~3501.19 of the Revised Code or a notice of voter registration~~	14918
~~mailed by a board of elections under section 3503.19 of the~~	14919
~~Revised Code, that shows the name and address of the elector~~	14920
identification.	14921

(6) A statement identifying the election for which absent	14922
voter's ballots are requested;	14923

(7) A statement that the elector is a member of the organized	14924
militia serving on active duty within the state;	14925

(8) If the request is for primary election ballots, the	14926
elector's party affiliation;	14927

(9) A statement that the applicant bears a relationship to	14928
the elector as specified in division (B) of this section;	14929

(10) The address to which ballots shall be mailed or	14930
telephone number to which ballots shall be sent by facsimile	14931
machine;	14932

(11) The signature or, if the application is transmitted	14933
electronically, an image of the signature and the address of the	14934
person making the application;	14935

(12) If the elector is a first-time mail-in registrant, a	14936
copy of the elector's first-time mail-in registrant	14937
identification.	14938

(C) ~~Applications~~ (1) An elector who is a member of the	14939
organized militia may make a single request for absent voter's	14940
ballots for all elections at which the elector is eligible to vote	14941
during a calendar year. The application shall contain the	14942
information specified in division (A) of this section and also	14943
shall specify that the elector is requesting absent voter's	14944
ballots for each election during that year. If the elector wishes	14945
to vote primary election ballots, the elector shall state the	14946
elector's party affiliation in the application.	14947

If an elector applies for annual absent voter's ballots under	14948
this division, the application shall be processed by the board of	14949
elections pursuant to section 3509.04 of the Revised Code the same	14950
as if the elector had applied separately for absent voter's	14951
ballots for each election during the applicable calendar year.	14952
Absent voter's ballots shall be sent to the elector for use at	14953
each election during the applicable calendar year for which the	14954
elector is eligible to cast a ballot. When sending absent voter's	14955
ballots to an elector who applied for them under this division,	14956
the board shall enclose notification to the elector that the	14957
elector must report to the board subsequent changes in the	14958
elector's voting status, changes in the elector's address, or the	14959
elector's intent to vote at a polling location in the jurisdiction	14960
in this state where the elector is registered to vote. Such	14961
notification shall be in a form prescribed by the secretary of	14962
state.	14963

If an absent voter's ballot or any official response to an	14964
application for an annual absent voter's ballot is returned	14965
undeliverable to the board of elections, the board shall attempt	14966
to contact the elector to verify the elector's mailing address	14967
using any available contact information in the elector's voter	14968
registration record including the elector's telephone number,	14969
facsimile transmission number, or electronic mail address. If the	14970
board is unable to contact the elector, the board shall not send	14971
absent voter's ballots for any subsequent election to that	14972
elector until the elector submits another application and the	14973
information in that application is verified. The board shall	14974
remove from the poll list or signature pollbook any notation that	14975
the elector requested an absent voter's ballot. The elector may	14976
cast a regular ballot if the elector appears to vote in person on	14977
the day of the election or the elector may cast an absent voter's	14978
ballot in person at the board of elections or if pursuant to	14979
division (C) of section 3501.10 of the Revised Code the board has	14980
designated one or more other locations in the county at which	14981
registered electors may cast an absent voter's ballot in person,	14982
at such other location.	14983

(2) Not later than the fifteenth day of December of each	14984
year, the board of elections shall send an application for annual	14985
absent voter's ballots for the following calendar year to each	14986
person who requested annual absent voter's ballots under division	14987
(C)(1) of this section for the current year and cast such ballots	14988
in the general election. An elector who completes and returns	14989
such an application shall be eligible to receive annual absent	14990
voter's ballots under division (C)(1) of this section for the	14991
applicable year.	14992

(D) Except for annual applications for absent voter's ballots	14993
submitted under division (C)(2) of this section, applications to	14994
have absent voter's ballots mailed or sent by facsimile machine	14995
shall not be valid if dated, postmarked, or received by the	14996
director prior to the ninetieth day before the day of the	14997
election for which ballots are requested or if delivered to the	14998
director later than twelve noon of the third day preceding the	14999
day of such election. If, after the ninetieth day and before four	15000
p.m. of the day before the day of an election, a valid	15001
application for absent voter's ballots is delivered to the	15002
director of elections at the office of the board by a militia	15003
member making application in the militia member's own behalf, the	15004
director shall forthwith deliver to the militia member all absent	15005
voter's ballots then ready for use, together with an	15006
identification envelope. The militia member shall then vote the	15007
absent voter's ballots in the manner provided in section 3509.05	15008
of the Revised Code.	15009

Sec. 3509.04. (A) If a director of a board of elections	15010
receives an application for absent voter's ballots that does not	15011
contain all of the required information, the director promptly	15012
shall notify the applicant, by whatever means of contact the	15013
applicant has provided on the application, of the additional	15014
information required to be provided by the applicant to complete	15015
that application. The applicant may provide the required	15016
information by mail, electronic mail, telephone, or facsimile	15017
transmission, through the internet, or in person at the office of	15018
the board of elections. If the application is missing a signature,	15019
the applicant may provide a signed statement that the applicant	15020
submitted the application. A signature provided on a signed	15021
statement under this division shall be considered the applicant's	15022
signature on the application for the purposes of processing an	15023
otherwise valid application for absent voter's ballots. The	15024
secretary of state shall prescribe uniform standards for	15025
processing additional information by mail, electronic mail,	15026
telephone, facsimile transmission, through the internet, or in	15027
person at the office of the board of elections under this	15028
division.	15029

If the applicant provides the required information prior to	15030
the end of the period for voting by absent voter's ballots at that	15031
election, the board shall promptly process the application and	15032
deliver absent voter's ballots to the applicant.	15033

(B) ~~Upon~~Subject to section 3509.07 of the Revised Code, upon	15034
receipt by the director of elections of an application for absent	15035
voter's ballots that contain all of the required information, as	15036
provided by sections 3509.03 and 3509.031 and division (G) of	15037
section 3503.16 of the Revised Code, the director, if the	15038
director finds that the applicant is a qualified elector, shall	15039
deliver to the applicant in person or mail directly to the	15040
applicant by special delivery mail, air mail, or regular mail,	15041
postage prepaid, proper absent voter's ballots. The director	15042
shall deliver or ~~mail~~send with the ballots an unsealed	15043
identification envelope upon the face of which shall be printed a	15044
form substantially as follows:	15045

"Identification Envelope Statement of Voter	15046

I, ........................(Name of voter), declare under	15047
penalty of election falsification that the ~~within~~ ballot or	15048
ballots contained no voting marks of any kind when I received	15049
them, and I caused the ballot or ballots to be marked, enclosed in	15050
the identification envelope, and sealed in that envelope.	15051

My voting residence in Ohio is

15052

...................................................................	15053

(Street and Number, if any, or Rural Route and Number)	15054

of ................................ (City, Village, or Township)	15055
Ohio~~, which is in Ward ............... Precinct ................~~	15056
~~in that city, village, or township~~.	15057

~~The primary election ballots, if any, within this envelope~~	15058
~~are~~If the election is a primary election, by requesting ballots	15059
of the ............. Party, I hereby declare that I desire to be	15060
affiliated with and support the above-named party.	15061

~~Ballots contained within this envelope are to be voted at the~~	15062
~~.......... (general, special, or primary) election to be held on~~	15063
~~the .......................... day of ......................, ....~~	15064

My ~~date of birth~~birthdate is ............... (Month and	15065
Day), .......... (Year).	15066

(Voter must provide one of the following:)

15067

My Ohio driver's license number is ............... (~~Driver's~~	15068
Ohio driver's license number).	15069

The last four digits of my Social Security Number are	15070
............... (Last four digits of Social Security Number).	15071

...... In lieu of providing aan Ohio driver's license number	15072
or the last four digits of my Social Security Number, I am	15073
enclosing a copy of ~~one of~~ the following in the return envelope	15074
in which this identification envelope will be mailed: a current	15075
and valid photo identification issued by the state or an agency	15076
or political subdivision of the state, an institution of higher	15077
education, or the United States government, or an affirmation of	15078
my identity. If I am a first-time voter who registered to vote	15079
by mail, did not provide identification when I registered to	15080
vote, and have not previously voted at a federal election in Ohio,	15081
I am enclosing a copy of a current and valid photo	15082
identification, a military identification, or a current utility	15083
bill, bank statement, government check, paycheck, or other	15084
government document~~, other than a notice of an election mailed by~~	15085
~~a board of elections under section 3501.19 of the Revised Code or~~	15086
~~a notice of voter registration mailed by a board of elections,~~	15087
that shows my name and address.	15088

I hereby declare, under penalty of election falsification,	15089
that the statements above are true~~, as I verily believe~~.	15090

			15091
	(Signature of Voter (required)		15092

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	15093
THE FIFTH DEGREE."	15094

The board of elections shall use an internal tracking system	15095
for all delivered absent voter's ballots, which system shall	15096
allow the board of elections to locate a voter's registration	15097
information based on a returned absent voter's ballot	15098
identification envelope. A board of elections complies with this	15099
requirement if the board records the unique identification number	15100
located on the stub of the voter's ballot, the voter's name, and	15101
the voter's address, and causes the unique identification number	15102
to be copied on the outside of the voter's identification	15103
envelope. The director shall ~~mail~~send with the ballots and the	15104
unsealed identification envelope an unsealed return envelope	15105
upon the face of which shall be printed the official title and	15106
post-office address of the director. In the upper left corner on	15107
the face of the return envelope, several blank lines shall be	15108
printed upon which the voter may write the voter's name and	15109
return address~~, and beneath these lines there shall be printed a~~	15110
~~box beside the words "check if out-of-country." The voter shall~~	15111
~~check this box if the voter will be outside the United States on~~	15112
~~the day of the election~~. The return envelope shall be of such	15113
size that the identification envelope can be conveniently placed	15114
within it for returning the identification envelope to the	15115
director.	15116

Sec. 3509.05. (A) (1) When an elector receives an absent	15117
voter's ballot pursuant to the elector's application or request,	15118
the elector shall, before placing any marks on the ballot, note	15119
whether there are any voting marks on it. If there are any voting	15120
marks, the ballot shall be returned immediately to the board of	15121
elections; otherwise, the elector shall cause the ballot to be	15122
marked, folded in a manner that the stub on it ~~and the~~	15123
~~indorsements and facsimile signatures of the members of the board~~	15124
~~of elections on the back of it are~~is visible, and placed and	15125
sealed within the identification envelope received from the	15126
director of elections for that purpose. Then, the elector shall	15127
cause the statement of voter on the outside of the identification	15128
envelope to be completed ~~and signed~~, under penalty of election	15129
falsification.	15130

If(2) Unless the elector is a first-time mail-in registrant,	15131
the elector ~~does not~~shall provide the elector's Ohio driver's	15132
license number or the last four digits of the elector's social	15133
security number on the statement of voter on the identification	15134
envelope. If the elector does not provide the elector's Ohio	15135
driver's license number or the last four digits of the elector's	15136
social security number on the statement of voter, the elector ~~also~~	15137
shall include in the return envelope with the identification	15138
envelope a copy of the elector's ~~current valid photo~~	15139
~~identification, a copy of a military identification, or a copy~~	15140
~~of a current utility bill, bank statement, government check,~~	15141
~~paycheck, or other government document, other than a notice of~~	15142
~~an election mailed by a board of elections under section 3501.19~~	15143
~~of the Revised Code or a notice of voter registration mailed by~~	15144
~~a board of elections under section 3503.19 of the Revised Code,~~	15145
~~that shows the name and address of the elector~~identification.	15146
If the elector is a first-time mail-in registrant, the elector	15147
shall include a copy of the elector's first-time mail-in	15148
registrant identification.	15149

~~The elector shall mail the identification envelope to the~~	15150
~~director from whom it was received in the return envelope, postage~~	15151
~~prepaid, or the elector may personally deliver it to the director,~~	15152
~~or the spouse of the elector, the father, mother, father-in-law,~~	15153
~~mother-in-law, grandfather, grandmother, brother, or sister of the~~	15154
~~whole or half blood, or the son, daughter, adopting parent,~~	15155
~~adopted child, stepparent, stepchild, uncle, aunt, nephew, or~~	15156
~~niece of the elector may deliver it to the director. The~~(3)(a)	15157
Only the elector or a person authorized by the elector may	15158
transport that elector's completed absent voter's ballot to the	15159
office of the board of elections from which it was received or to	15160
another location established by the board for the purposes of	15161
casting absent voter's ballots, provided that the voter must seal	15162
the ballot in the identification envelope, complete the	15163
identification envelope, and seal the identification envelope in	15164
the return envelope.	15165

Only the elector or a person authorized by the elector may	15166
transport that elector's completed absent voter's ballot to the	15167
United States postal service or to a commercial delivery service	15168
for delivery to the board of elections, provided that the voter	15169
must seal the ballot in the identification envelope, complete the	15170
identification envelope, and seal the identification envelope in	15171
the return envelope. Any postage or delivery cost must be pre-paid	15172
and affixed by the voter.	15173

Other than the methods described in this section, the return	15174
envelope shall be transmitted to the director in no other	15175
manner, except as provided in section 3509.08 of the Revised	15176
Code.	15177

~~Each elector who will be outside the United States on the day~~	15178
~~of the election shall check the box on the return envelope~~	15179
~~indicating this fact.~~	15180

(b)(i) No person shall accept or provide anything of value	15181
for the collection of a completed absent voter's ballot for	15182
transport to the board of elections or other location designated	15183
by a board of elections or to the United States postal service or	15184
other commercial delivery service.	15185

(ii) No candidate or official member of a campaign committee	15186
may solicit to complete an elector's identification envelope or	15187
solicit to collect and transport an elector's completed absent	15188
voter's ballot.	15189

(c) No otherwise valid absent voter's ballot shall be	15190
rejected due to the failure of a person to comply with division	15191
(A)(3) of this section.	15192

(4) When absent voter's ballots are delivered to an elector	15193
at the office of the board, the elector may retire to a voting	15194
compartment provided by the board and there mark the ballots.	15195
Thereupon, the elector shall fold them, place them in the	15196
identification envelope provided, seal the envelope, fill in and	15197
sign the statement on the envelope under penalty of election	15198
falsification, and deliver the envelope to the director of the	15199
board.	15200

(5) Except as otherwise provided in ~~divisions~~division (B)	15201
~~and (C)~~ of this section, ~~all other~~ envelopes containing marked	15202
absent voter's ballots shall be delivered to the director not	15203
later than the close of the polls on the day of an election.	15204
Absent voter's ballots delivered to the director later than the	15205
times specified shall not be counted, but shall be kept by the	15206
board in the sealed identification envelopes in which they are	15207
delivered to the director, until the time provided by section	15208
3505.31 of the Revised Code for the destruction of all other	15209
ballots used at the election for which ballots were provided, at	15210
which time they shall be destroyed.	15211

(B)(1) ~~Except as otherwise provided in division (B)(2) of~~	15212
~~this section, any return envelope that indicates that the voter~~	15213
~~will be outside the United States on the day of the election shall~~	15214
~~be delivered to the director prior to the eleventh day after the~~	15215
~~election. Ballots delivered in such envelopes that are received~~	15216
~~after the close of the polls on election day through the tenth day~~	15217
~~thereafter shall be counted on the eleventh day at the board of~~	15218
~~elections in the manner provided in divisions (C) and (D) of~~	15219
~~section 3509.06 of the Revised Code. Any such ballots that are~~	15220
~~signed or postmarked after the close of the polls on the day of~~	15221
~~the election or that are received by the director later than~~	15222
~~the tenth day following the election shall not be counted, but~~	15223
~~shall be kept by the board in the sealed identification~~	15224
~~envelopes as provided in division (A) of this section.~~	15225

~~(2) In any year in which a presidential primary election is~~	15226
~~held, any return envelope that indicates that the voter will be~~	15227
~~outside the United States on the day of the presidential primary~~	15228
~~election shall be delivered to the director prior to the~~	15229
~~twenty-first day after that election. Ballots delivered in such~~	15230
~~envelopes that are received after the close of the polls on~~	15231
~~election day through the twentieth day thereafter shall be counted~~	15232
~~on the twenty-first day at the board of elections in the manner~~	15233
~~provided in divisions (C) and (D) of section 3509.06 of the~~	15234
~~Revised Code. Any such ballots that are signed or postmarked~~	15235
~~after the close of the polls on the day of that election or~~	15236
~~that are received by the director later than the twentieth day~~	15237
~~following that election shall not be counted, but shall be kept~~	15238
~~by the board in the sealed identification envelopes as provided~~	15239
~~in division (A) of this section.~~	15240

~~(C)(1)~~ Except as otherwise provided in division ~~(C)~~(B)(2) of	15241
this section, any return envelope that is postmarked ~~within the~~	15242
~~United States~~ prior to the day of the election shall be delivered	15243
to the director prior to the eleventh day after the election.	15244
Ballots delivered in envelopes postmarked prior to the day of the	15245
election that are received after the close of the polls on	15246
election day through the tenth day thereafter shall be processed	15247
and counted on or after the eleventh day at the board of	15248
elections in the manner provided in ~~divisions~~division (C) ~~and~~	15249
~~(D)~~ of section 3509.06 of the Revised Code. Any such ballots	15250
that are received by the director later than the tenth day	15251
following the election shall not be counted, but shall be kept	15252
by the board in the sealed identification envelopes as provided	15253
in division (A) of this section.	15254

(2) Division ~~(C)~~(B)(1) of this section shall not apply to any	15255
mail that is postmarked using a postage evidencing system,	15256
including a postage meter, as defined in 39 C.F.R. 501.1.	15257

Sec. 3509.06. (A) Upon receipt of a return envelope	15258
purporting to contain voted absent voter's ballots prior to the	15259
eleventh day after the day of an election, a bipartisan team	15260
shall inspect the postmark and verify the date the board received	15261
the absent voter's ballot. If either the postmark or the date of	15262
receipt do not meet the applicable deadlines for that election	15263
established in section 3509.05 of the Revised Code, the ballot	15264
shall not be counted. The identification envelope shall not be	15265
opened, and it shall be endorsed "not counted" with the reasons	15266
the ballot was not counted.	15267

If the postmark and date of receipt for a return envelope	15268
purporting to contain voted absent voter's ballots meets the	15269
applicable deadlines for that election established in section	15270
3509.05 of the Revised Code, the bipartisan team shall open that	15271
return envelope but shall not open the identification envelope	15272
contained in it. If, upon opening the return envelope, the	15273
bipartisan team finds ballots in it that are not enclosed in and	15274
properly sealed in the identification envelope, the bipartisan	15275
team shall not look at the markings upon the ballots and shall	15276
promptly place them in the identification envelope and promptly	15277
seal it. If, upon opening the return envelope, the bipartisan	15278
team finds that the ballots are enclosed in the identification	15279
envelope but that it is not properly sealed, the bipartisan team	15280
shall not look at the markings upon the ballots and shall promptly	15281
seal the identification envelope.	15282

The bipartisan team shall cause the identification	15283
envelopes, any associated identification, and the ballots in the	15284
identification envelopes to be properly secured until such time	15285
as they are processed and counted.	15286

The ~~board of elections shall determine whether~~ absent voter's	15287
ballots shall be processed and counted ~~in each precinct,~~ at the	15288
office of the board, or at some other location designated by the	15289
board~~, and shall proceed accordingly under division (B) or (C) of~~	15290
~~this section~~.	15291

(B) ~~When the board of elections determines that absent~~	15292
~~voter's ballots shall be counted in each precinct, the director~~	15293
~~shall deliver to the presiding judge of each precinct on election~~	15294
~~day identification envelopes purporting to contain absent voter's~~	15295
~~ballots of electors whose voting residence appears from the~~	15296
~~statement of voter on the outside of each of those envelopes, to~~	15297
~~be located in such presiding judge's precinct, and which were~~	15298
~~received by the director not later than the close of the polls on~~	15299
~~election day. The director shall deliver to such presiding judge~~	15300
~~a list containing the name and voting residence of each person~~	15301
~~whose voting residence is in such precinct to whom absent voter's~~	15302
~~ballots were mailed.~~	15303

~~(C) When the board of elections determines that absent~~	15304
~~voter's ballots shall be counted at the office of the~~The board	15305
of elections ~~or at another location designated by the board,~~	15306
shall appoint special election judges ~~shall be appointed by the~~	15307
~~board~~ for ~~that~~the purpose ~~having the same authority as is~~	15308
~~exercised by precinct judges~~of processing and counting absent	15309
voter's ballots. The votes so cast shall be added to the vote	15310
totals by the board, and the absent voter's ballots shall be	15311
preserved separately by the board, in the same manner and for the	15312
same length of time as provided by section 3505.31 of the Revised	15313
Code.	15314

~~(D)~~(C)(1) Each of the identification envelopes purporting to	15315
contain absent voter's ballots shall be delivered to the ~~presiding~~	15316
~~judge of the precinct or the~~ special judge appointed by the board	15317
of elections and shall be ~~handled~~processed and counted as	15318
follows: ~~The election officials shall compare the signature of~~	15319
~~the elector on the outside of the identification envelope with~~	15320
~~the signature of that elector on the elector's registration form~~	15321
~~and verify that the absent voter's ballot is eligible to be~~	15322
~~counted under section 3509.07 of the Revised Code. Any of the~~	15323
~~precinct officials may challenge the right of the elector named on~~	15324
~~the identification envelope to vote the absent voter's ballots~~	15325
~~upon the ground that the signature on the envelope is not the same~~	15326
~~as the signature on the registration form, or upon any other of~~	15327
~~the grounds upon which the right of persons to vote may be~~	15328
~~lawfully challenged. If no such challenge is made, or if such a~~	15329
~~challenge is made and not sustained, the presiding judge shall~~	15330
~~open the envelope without defacing the statement of voter and~~	15331
~~without mutilating the ballots in it, and shall remove the~~	15332
~~ballots contained in it and proceed to count them.~~	15333

~~The name of each person voting who is entitled to vote only~~	15334
~~an absent voter's presidential ballot shall be entered in a~~	15335
~~pollbook or poll list or signature pollbook followed by the words~~	15336
~~"Absentee Presidential Ballot." The name of each person voting an~~	15337
~~absent voter's ballot, other than such persons entitled to vote~~	15338
~~only a presidential ballot, shall be entered in the pollbook or~~	15339
~~poll list or signature pollbook and the person's~~	15340

(a) The election officials shall inspect the statement	15341
accompanying an absent voter's ballot to determine if the voter's	15342
signature has been provided and that the signature substantially	15343
conforms to the voter's signature in the voter's registration	15344
record.	15345

(b) The election officials shall compare the signature of the	15346
voter as provided on the statement accompanying the absent	15347
voter's ballot with the signature contained in the voter	15348
registration records.	15349

(c) If the election officials find that the voter's valid	15350
signature has been provided and that the voter is registered and	15351
eligible to cast a ballot in the election, the election officials	15352
shall open the envelope and determine if the stub is attached to	15353
or enclosed with the ballot. If the stub is attached to or	15354
enclosed with the ballot, the election officials shall count	15355
that ballot not earlier than the day of the election. If the	15356
stub is not attached to or enclosed with the ballot, the absent	15357
voter's ballot shall not be counted. The ballot shall be placed	15358
in its accompanying identification envelope, which shall be	15359
endorsed "not counted" with the reasons the ballot was not	15360
counted.	15361

(d) If the election officials find that the voter did not	15362
sign the statement of voter on the identification envelope or if	15363
the election officials are unable to determine the identity of the	15364
voter who returned the ballot, the election officials shall use	15365
any information provided on the identification envelope or, if	15366
necessary, cross-reference the unique stub number placed on the	15367
identification envelope with the registration records to identify	15368
the voter for notification under division (G) of this section.	15369

(e) If the voter did not sign the statement of voter on the	15370
identification envelope and if the voter fails to correct that	15371
defect within ten days after the day of the election in accordance	15372
with division (G) of this section, or if the election officials	15373
find that the voter is not registered or not eligible to cast a	15374
ballot in the election, the voter's absent voter's ballot shall	15375
not be counted. The identification envelope shall not be opened,	15376
and it shall be endorsed "not counted" with the reasons the	15377
ballot was not counted.	15378

(2) The board of elections may process absent voter's ballots	15379
under division (C)(1) of this section during the ten days prior to	15380
the day of an election but shall not reveal or cause to be	15381
revealed the marks on any ballots. The board shall not count any	15382
absent voter's ballot prior to the day of the election.	15383

(3) Any ballots that are not eligible to be counted under	15384
division (C)(1)(c) or (e) of this section shall be the preserved	15385
in their identification envelopes until the time provided by	15386
section 3505.31 of the Revised Code for the destruction of all	15387
other ballots used at the election for which ballots were	15388
provided, at which time they shall be destroyed.	15389

(D) The registration ~~card~~record of each person voting an	15390
absent voter's ballot shall be marked to indicate that the person	15391
has voted.	15392

The date of such election shall also be entered on the	15393
elector's registration ~~form~~record. ~~If any such challenge is made~~	15394
~~and sustained, the identification envelope of such elector shall~~	15395
~~not be opened, shall be endorsed "Not Counted" with the reasons~~	15396
~~the ballots were not counted, and shall be delivered to the~~	15397
~~board.~~	15398

(E) Special election judges, employees or members of the	15399
board of elections, or observers shall not disclose the count or	15400
any portion of the count of absent voter's ballots prior to the	15401
time of the closing of the polling places. No person shall	15402
recklessly disclose the count or any portion of the count of	15403
absent voter's ballots in such a manner as to jeopardize the	15404
secrecy of any individual ballot.	15405

(F) Observers may be appointed under section 3505.21 of the	15406
Revised Code to witness the ~~examination and opening~~processing of	15407
identification envelopes and the counting of absent voters'	15408
ballots under this section.	15409

(G)(1) If the voter did not sign the statement of voter on	15410
the identification envelope or if the election officials are	15411
unable to determine the identity of the voter who returned the	15412
ballot, the board of elections shall notify the voter, by whatever	15413
means of contact the voter has provided on the identification	15414
envelope or using any available contact information in the voter's	15415
registration record, of the defect and request the voter to verify	15416
the voter's identity for the purpose of processing that absent	15417
voter's ballot.	15418

(2) The voter may verify that the voter was the person who	15419
returned the absent voter's ballot in any of the following ways:	15420

(a) By confirming by mail, electronic mail, telephone, or	15421
facsimile transmission, or through the internet the voter's date	15422
of birth and residence address in a manner that substantially	15423
conforms with the records of the board of elections;	15424

(b) By providing a statement by mail, electronic mail, or	15425
facsimile transmission, or through the internet that the voter	15426
submitted the ballot and by attaching the voter's signature to	15427
that statement. A signature attached to a statement made under	15428
this division shall be considered the voter's signature on the	15429
identification envelope for the purposes of verifying the validity	15430
of that ballot.	15431

(c) By appearing in person at the office of the board of	15432
elections and signing the identification envelope.	15433

(3) The secretary of state shall prescribe uniform standards	15434
for processing additional information by mail, electronic mail,	15435
telephone, facsimile transmission, through the internet, or in	15436
person at the office of the board of elections under division (G)	15437
of this section.	15438

(4) If the voter provides the required information within ten	15439
days after the day of the election, the election officials shall	15440
complete the processing of the absent voter's ballot under	15441
division (C) of this section in the same manner as if that	15442
information had been included on the statement of voter at the	15443
time the ballot was returned.	15444

(H) As used in this section:

15445

(1) "Bipartisan team" means a team consisting of either the	15446
director and deputy director of a board of elections or two other	15447
designated employees of a board of elections who are from	15448
different political parties.	15449

(2) "Processing" an absent voter's ballot means any of the	15450
following:	15451

(a) Examining the sufficiency of an absent voter's ballot by	15452
reviewing the postmark, the date of receipt by the board of	15453
elections, and the presence of the voter's valid signature on the	15454
identification envelope and, if the voter's name is signed on the	15455
envelope, opening the identification envelope;	15456

(b) Determining the validity of an absent voter's ballot,	15457
including determining whether the proper ballot was delivered to	15458
the voter and whether the stub is attached to or enclosed with the	15459
ballot;	15460

(c) Preparing an absent voter's ballot for scanning by	15461
automatic tabulating equipment;	15462

(d) Scanning an absent voter's ballot by automatic tabulating	15463
equipment but only if the equipment used by the board of elections	15464
permits an absent voter's ballot to be scanned without tabulating	15465
or counting the votes on the ballots scanned; and	15466

(e) Identifying absent voter's ballots that cannot be read by	15467
or that are rejected by automatic tabulating equipment and	15468
determining if those ballots need to be remade so that they can be	15469
read by that equipment.	15470

Sec. 3509.07. (A) An elections official of the county in	15471
which an elector applies to vote by absent voter's ballots may	15472
challenge the right of the elector named on the application to	15473
receive absent voter's ballots only on the following grounds:	15474

(1) That the person is not a resident of the precinct for	15475
which the person is applying to vote absent voter's ballots;	15476

(2) That the person is not a citizen of the United States;

15477

(3) That the person is not eighteen years of age or older;

15478

(4) That the person is not a qualified elector for that	15479
election;	15480

(5) That the person is not the elector that the person	15481
purports to be.	15482

Challenges shall be made only if the election official knows	15483
or reasonably believes that the challenged elector is not	15484
qualified and entitled to vote.	15485

(B) If an elector's absent voter's ballot application is	15486
challenged, the application shall be kept with other challenged	15487
absent voter's ballot applications.	15488

(C) Upon receipt of a challenged absent voter's ballot	15489
application, the board of elections promptly shall review the	15490
board's records. If the board is able to determine that a	15491
challenge should be denied solely on the basis of the records	15492
maintained by the board, the board immediately shall vote to deny	15493
the challenge. If the board is unable to determine the outcome of	15494
the challenge solely on the basis of the records maintained by the	15495
board, the board shall notify the elector of the challenge to the	15496
elector's absent voter's ballot application and shall provide an	15497
opportunity for the elector to respond to the challenge. The board	15498
of elections shall use the challenge and notification process	15499
established in section 3503.24 of the Revised Code, except that	15500
the board shall decide the challenge prior to the day of the	15501
election.	15502

(D) If the challenge is denied, an absent voter's ballot	15503
shall promptly be sent to the elector requesting that ballot. If	15504
the board of elections upholds the challenge, the absent voter's	15505
ballot application shall not be processed, no absent voter's	15506
ballot shall be sent to the elector, and the elector shall be	15507
notified of the reason the elector will not receive an absent	15508
voter's ballot.	15509

(E) No election official or other person may challenge the	15510
validity of an absent voter's ballot that has been completed and	15511
returned by the voter under this section. The validity of such a	15512
ballot shall be determined under section 3509.06 of the Revised	15513
Code.	15514

(F) The person challenging an elector's right to vote bears	15515
the burden of proving, by clear and convincing evidence, that the	15516
challenged elector's registration should be canceled.	15517

Sec. 3509.08. (A) Any qualified elector, who, on account of	15518
the elector's own personal illness, physical disability, or	15519
infirmity, or on account of the elector's confinement in a jail or	15520
workhouse under sentence for a misdemeanor or awaiting trial on a	15521
felony or misdemeanor, will be unable to travel from the elector's	15522
home or place of confinement to the voting booth in the elector's	15523
precinct on the day of any general, special, or primary election	15524
may make application in writing for an absent voter's ballot to	15525
the director of the board of elections of the elector's county.	15526
The application shall include all of the information required	15527
under section 3509.03 of the Revised Code and shall state the	15528
nature of the elector's illness, physical disability, or	15529
infirmity, or the fact that the elector is confined in a jail or	15530
workhouse and the elector's resultant inability to travel to the	15531
election booth in the elector's precinct on election day. The	15532
application shall not be valid if it is delivered to the director	15533
before the ninetieth day or after twelve noon of the third day	15534
before the day of the election at which the ballot is to be voted.	15535

The absent voter's ballot may be mailed directly to the	15536
applicant at the applicant's voting residence or place of	15537
confinement as stated in the applicant's application, or the board	15538
may designate two board employees belonging to the two major	15539
political parties for the purpose of delivering the ballot to the	15540
disabled or confined elector and returning it to the board, unless	15541
the applicant is confined to a public or private institution	15542
within the county, in which case the board shall designate two	15543
board employees belonging to the two major political parties for	15544
the purpose of delivering the ballot to the disabled or confined	15545
elector and returning it to the board. In all other instances, the	15546
ballot shall be returned to the office of the board in the manner	15547
prescribed in section 3509.05 of the Revised Code.	15548

Any disabled or confined elector who declares to the two	15549
board employees belonging to the two major political parties that	15550
the elector is unable to mark the elector's ballot by reason of	15551
physical infirmity that is apparent to the employees to be	15552
sufficient to incapacitate the voter from marking the elector's	15553
ballot properly, may receive, upon request, the assistance of the	15554
employees in marking the elector's ballot, and they shall	15555
thereafter give no information in regard to this matter. Such	15556
assistance shall not be rendered for any other cause.	15557

When two board employees belonging to the two major political	15558
parties deliver a ballot to a disabled or confined elector, each	15559
of the employees shall be present when the ballot is delivered,	15560
when assistance is given, and when the ballot is returned to the	15561
office of the board, and shall subscribe to the declaration on the	15562
identification envelope.	15563

The secretary of state shall prescribe the form of	15564
application for absent voter's ballots under this division.	15565

This chapter applies to disabled and confined absent voter's	15566
ballots except as otherwise provided in this section.	15567

(B)(1) Any qualified elector who is unable to travel to the	15568
voting booth in the elector's precinct on the day of any general,	15569
special, or primary election may apply to the director of the	15570
board of elections of the county where the elector is a qualified	15571
elector to vote in the election by absent voter's ballot if	15572
either of the following apply:	15573

(a) The elector is confined in a hospital as a result of an	15574
accident or unforeseeable medical emergency occurring before the	15575
election;	15576

(b) The elector's minor child is confined in a hospital as a	15577
result of an accident or unforeseeable medical emergency occurring	15578
before the election.	15579

(2) The application authorized under division (B)(1) of this	15580
section shall be made in writing, shall include all of the	15581
information required under section 3509.03 of the Revised Code,	15582
and shall be delivered to the director not later than three p.m.	15583
on the day of the election. The application shall indicate the	15584
hospital where the applicant or the applicant's child is confined,	15585
the date of the applicant's or the applicant's child's admission	15586
to the hospital, and the offices for which the applicant is	15587
qualified to vote. The applicant may also request that a member of	15588
the applicant's family, as listed in section 3509.05 of the	15589
Revised Code, deliver the absent voter's ballot to the applicant.	15590
The director, after establishing to the director's satisfaction	15591
the validity of the circumstances claimed by the applicant, shall	15592
supply an absent voter's ballot to be delivered to the applicant.	15593
When the applicant or the applicant's child is in a hospital in	15594
the county where the applicant is a qualified elector and no	15595
request is made for a member of the family to deliver the ballot,	15596
the director shall arrange for the delivery of an absent voter's	15597
ballot to the applicant, and for its return to the office of the	15598
board, by two board employees belonging to the two major political	15599
parties according to the procedures prescribed in division (A) of	15600
this section. When the applicant or the applicant's child is in a	15601
hospital outside the county where the applicant is a qualified	15602
elector and no request is made for a member of the family to	15603
deliver the ballot, the director shall arrange for the delivery of	15604
an absent voter's ballot to the applicant by mail, and the ballot	15605
shall be returned to the office of the board in the manner	15606
prescribed in section 3509.05 of the Revised Code.	15607

(3) Any qualified elector who is eligible to vote under	15608
division (B) or, (C), or (D) of section 3503.16 of the Revised	15609
Code but is unable to do so because of the circumstances described	15610
in division (B)(2) of this section may vote in accordance with	15611
division (B)(1) of this section if that qualified elector states	15612
in the application for absent voter's ballots that that qualified	15613
elector moved or, had a change of name, or both under the	15614
circumstances described in division (B) or, (C), or (D) of section	15615
3503.16 of the Revised Code and if that qualified elector complies	15616
with divisions (G)(1) to (4) of section 3503.16 of the Revised	15617
Code.	15618

(C) Any qualified elector described in division (A) or (B)(1)	15619
of this section who needs no assistance to vote or to return	15620
absent voter's ballots to the board of elections may apply for	15621
absent voter's ballots under section 3509.03 of the Revised Code	15622
instead of applying for them under this section.	15623

Sec. 3509.09. (A) The poll list or signature pollbook for	15624
each precinct shall identify each registered elector in that	15625
precinct who has requested an absent voter's ballot for that	15626
election.	15627

(B)(1) If a registered elector appears to vote in that	15628
precinct and that elector has requested an absent voter's ballot	15629
for that election but the director has not received a sealed	15630
identification envelope purporting to contain that elector's voted	15631
absent voter's ballots for that election, the elector shall be	15632
permitted to cast a provisional ballot under section 3505.181 of	15633
the Revised Code in that precinct on the day of that election.	15634

(2) If a registered elector appears to vote in that precinct	15635
and that elector has requested an absent voter's ballot for that	15636
election and the director has received a sealed identification	15637
envelope purporting to contain that elector's voted absent voter's	15638
ballots for that election, the elector shall be permitted to cast	15639
a provisional ballot under section 3505.181 of the Revised Code in	15640
that precinct on the day of that election.	15641

(C)(1) In processing and counting absent voter's ballots	15642
under section 3509.06 of the Revised Code, the board of elections	15643
shall compare the signature of each elector from whom the	15644
director has received a sealed identification envelope purporting	15645
to contain that elector's voted absent voter's ballots for that	15646
election to the signature on that elector's registration ~~form~~	15647
record. Except as otherwise provided in division (C)(3) of this	15648
section, if the board of elections determines that the absent	15649
voter's ballot in the sealed identification envelope is valid, it	15650
shall be counted. If the board of elections determines that the	15651
signature on the sealed identification envelope purporting to	15652
contain the elector's voted absent voter's ballot does not match	15653
the signature on the elector's registration ~~form~~record, the	15654
ballot shall be set aside and the board shall examine, during the	15655
time prior to the beginning of the official canvass, the poll	15656
list or signature pollbook from the precinct in which the elector	15657
is registered to vote to determine if the elector also cast a	15658
provisional ballot under section 3505.181 of the Revised Code in	15659
that precinct on the day of the election.	15660

(2) The board of elections shall count the provisional	15661
ballot, instead of the absent voter's ballot, if both of the	15662
following apply:	15663

(a) The board of elections determines that the signature of	15664
the elector on the outside of the identification envelope in which	15665
the absent voter's ballots are enclosed does not match the	15666
signature of the elector on the elector's registration form;	15667

(b) The elector cast a provisional ballot in the precinct on	15668
the day of the election.	15669

(3) If the board of elections does not receive the sealed	15670
identification envelope purporting to contain the elector's voted	15671
absent voter's ballot by the applicable deadline established under	15672
section 3509.05 of the Revised Code, the provisional ballot cast	15673
under section 3505.181 of the Revised Code in that precinct on the	15674
day of the election shall be counted as valid, if that provisional	15675
ballot is otherwise determined to be valid pursuant to section	15676
3505.183 of the Revised Code.	15677

(D) If the board of elections counts a provisional ballot	15678
under division (C)(2) ~~or (3)~~ of this section, the returned	15679
identification envelope of that elector shall not be opened, and	15680
the ballot within that envelope shall not be counted. The	15681
identification envelope shall be endorsed "Not Counted" with the	15682
reason the ballot was not counted.	15683

Sec. 3509.10. (A)(1) The secretary of state shall	15684
establish, not later than August 30, 2010, procedures that allow	15685
any person to request absent voter's ballot applications	15686
electronically from the office of the secretary of state.	15687

(2) The procedures shall allow any person to express a	15688
preference for the manner in which the person will receive the	15689
requested absent voter's ballot applications, whether by mail,	15690
electronically, or in person. The ballot applications shall be	15691
transmitted by the preferred method. If the requestor does not	15692
express a preferred method, the ballot applications shall be	15693
delivered via standard mail.	15694

(3) The appropriate state or local election official shall	15695
establish and maintain reasonable procedures necessary to protect	15696
the security, confidentiality, and integrity of personal	15697
information collected, stored, or otherwise used in the electronic	15698
absent voter's ballot application request process established	15699
under division (A) of this section. To the extent practicable, the	15700
procedures shall protect the security and integrity of the	15701
electronic absent voter's ballot application request process and	15702
protect the privacy of the identity and personal data of the	15703
person when such applications are requested, processed, and sent.	15704

(4) In establishing such procedures, the secretary of state	15705
shall designate at least one means of electronic communication for	15706
use by persons to request absent voter's ballot applications, for	15707
use by the state to send absent voter's ballot applications to	15708
those who have requested electronic delivery, and for providing	15709
public election and voting information. Such designated means of	15710
electronic communication shall be identified on all information	15711
and instructional materials that accompany balloting materials.	15712

(B) The secretary of state may establish procedures that	15713
allow any person to request absent voter's ballot applications	15714
electronically from a board of elections. The procedures must meet	15715
all the requirements of division (A) of this section.	15716

(C)(1) The secretary of state shall establish a free access	15717
system to allow an individual to determine the following:	15718

(a) Whether that individual's request for an absent voter's	15719
ballot was received and processed;	15720

(b) If the individual's request was received and processed,	15721
when the absent voter's ballot was sent;	15722

(c) Whether any absent voter's ballot returned by that	15723
individual has been received by election officials;	15724

(d) Whether the board of elections found any error on the	15725
identification envelope containing the individual's returned	15726
absent voter's ballot and, if so, how the individual may correct	15727
such error within ten days after the day of an election;	15728

(e) Whether the individual's absent voter's ballot was	15729
counted; and	15730

(f) The information required under division (C) of section	15731
3511.021 of the Revised Code regarding uniformed services and	15732
overseas absent voter's ballots.	15733

(2) The appropriate state or local election official shall	15734
establish and maintain reasonable procedures necessary to protect	15735
the security, confidentiality, and integrity of personal	15736
information collected, stored, or otherwise used by the free	15737
access system established under division (C) of this section.	15738
Access to information about an individual ballot shall be	15739
restricted to the individual who cast the ballot. To the extent	15740
practicable, the procedures shall protect the security and	15741
integrity of the process and protect the privacy of the identity	15742
and personal data of the person.	15743

Sec. 3511.01. Any section of the Revised Code to the	15744
contrary notwithstanding, any person ~~serving in the armed forces~~	15745
~~of the United States, or the spouse or dependent of any person~~	15746
~~serving in the armed forces of the United States who resides~~	15747
~~outside this state for the purpose of being with or near such~~	15748
~~service member~~who qualifies as a uniformed services voter or an	15749
overseas voter, as defined in 42 U.S.C. 1973ff-6, who will be	15750
eighteen years of age or more on the day of a general or special	15751
election and who is a citizen of the United States, may vote ~~armed~~	15752
~~service~~uniformed services or overseas absent voter's ballots in	15753
such general or special election as follows:	15754

(A) If ~~the service~~an absent uniformed services member is the	15755
voter, hethe service member may vote only in the precinct in	15756
which hethe service member has a voting residence in the state,	15757
and that voting residence shall be that place in the precinct in	15758
which hethe service member resided immediately preceding the	15759
commencement of such service, provided that the time during which	15760
hethe service member continuously resided in the state	15761
immediately preceding the commencement of such service plus the	15762
time subsequent to such commencement and prior to the day of such	15763
general, special, or primary election is equal to or exceeds	15764
thirty days.	15765

(B) If the spouse or dependent of ~~a service~~an absent	15766
uniformed services member is the voter, hethe spouse or dependent	15767
may vote only in the precinct in which hethe spouse or dependent	15768
has a voting residence in the state, and that voting residence	15769
shall be that place in the precinct in which hethe spouse or	15770
dependent resided immediately preceding the time of leaving the	15771
state for the purpose of being with or near the service member,	15772
provided that the time during which hethe spouse or dependent	15773
continuously resided in the state immediately preceding the time	15774
of leaving the state for the purpose of being with or near the	15775
service member plus the time subsequent to such leaving and prior	15776
to the day of such general, special, or primary election is equal	15777
to or exceeds thirty days.	15778

(C) If ~~the service~~an absent uniformed services member or ~~his~~	15779
the service member's spouse or dependent establishes a permanent	15780
residence in a precinct other than the precinct in which hethe	15781
person resided immediately preceding the commencement of ~~his~~the	15782
service member's service, the voting residence of both the service	15783
member and ~~his~~the service member's spouse or dependent shall be	15784
the precinct of such permanent residence, provided that the time	15785
during which hethe service member continuously resided in the	15786
state immediately preceding the commencement of such service plus	15787
the time subsequent to such commencement and prior to the day of	15788
such general, special, or primary election is equal to or exceeds	15789
thirty days.	15790

(D) If an overseas voter who is not an absent uniformed	15791
services voter or the spouse or dependent of an absent uniformed	15792
services voter is the voter, the overseas voter may vote only in	15793
the precinct in which the overseas voter has a voting residence in	15794
the state, and that voting residence shall be that place in the	15795
precinct in which the overseas voter resided immediately before	15796
leaving the United States, provided that the time during which the	15797
overseas voter continuously resided in the state immediately	15798
preceding such departure and prior to the day of such general,	15799
special, or primary election is equal to or exceeds thirty days.	15800

Sec. 3511.02. Notwithstanding any section of the Revised	15801
Code to the contrary, whenever any person applies for	15802
registration as a voter on a form adopted in accordance with	15803
federal regulations relating to the "Uniformed and Overseas	15804
Citizens Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff	15805
(1986), this application shall be sufficient for voter	15806
registration and as a request for an absent voter's ballot.	15807
~~Armed service~~Uniformed services or overseas absent voter's	15808
ballots may be obtained by any person meeting the requirements	15809
of section 3511.01 of the Revised Code by applying electronically	15810
to the secretary of state in accordance with section 3511.021 of	15811
the Revised Code or by applying to the director of the board of	15812
elections of the county in which the person's voting residence	15813
is located, in one of the following ways:	15814

(A) That person may make written application for those	15815
ballots. The person may personally deliver the application to the	15816
director or may mail it, send it by facsimile machine, send it by	15817
electronic mail, send it by other electronic means via the	15818
internet, or otherwise send it to the director. The application	15819
need not be in any particular form but shall contain all of the	15820
following information:	15821

(1) The elector's name;

15822

(2) The elector's signature or, if the application is	15823
transmitted electronically, an image of the elector's signature;	15824

(3) The address at which the elector is registered to vote;

15825

(4) The elector's ~~date of birth~~birthdate;

15826

(5) One of the following, unless the elector is a first-time	15827
mail-in registrant:	15828

(a) The elector's Ohio driver's license number;

15829

(b) The last four digits of the elector's social security	15830
number;	15831

(c) A copy of the elector's ~~current and valid photo~~	15832
~~identification, a copy of a military identification, or a copy of~~	15833
~~a current utility bill, bank statement, government check,~~	15834
~~paycheck, or other government document, other than a notice of~~	15835
~~an election mailed by a board of elections under section~~	15836
~~3501.19 of the Revised Code or a notice of voter registration~~	15837
~~mailed by a board of elections under section 3503.19 of the~~	15838
~~Revised Code, that shows the name and address of the elector~~	15839
identification.	15840

(6) A statement identifying the election for which absent	15841
voter's ballots are requested;	15842

(7) A statement that the person requesting the ballots is a	15843
qualified elector;	15844

(8) A statement that the elector is an absent uniformed	15845
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	15846

(9) A statement of the elector's length of residence in the	15847
state immediately preceding the commencement of service or,	15848
immediately preceding the date of leaving to be with or near the	15849
service member, or immediately preceding leaving the United	15850
States, whichever is applicable;	15851

(10) If the request is for primary election ballots, the	15852
elector's party affiliation;	15853

(11) If the elector desires ballots to be mailed to the	15854
elector, the address to which those ballots shall be mailed;	15855

(12) If the elector desires ballots to be sent to the elector	15856
by facsimile machine, the telephone number to which they shall be	15857
so sent;	15858

(13) If the elector is a first-time mail-in registrant, a	15859
copy of the elector's first-time mail-in registrant	15860
identification.	15861

(B) A voter or any relative of a voter listed in division (C)	15862
of this section may use a single federal post card application to	15863
apply for ~~armed service~~uniformed services or overseas absent	15864
voter's ballots for use at the primary and general elections in a	15865
given year and any special election to be held on the day in that	15866
year specified by division (E) of section 3501.01 of the Revised	15867
Code for the holding of a primary election, designated by the	15868
general assembly for the purpose of submitting constitutional	15869
amendments proposed by the general assembly to the voters of the	15870
state. A single federal postcard application shall be processed	15871
by the board of elections pursuant to section 3511.04 of the	15872
Revised Code the same as if the voter had applied separately for	15873
~~armed service~~uniformed services or overseas absent voter's	15874
ballots for each election.	15875

(C) Application to have ~~armed service~~uniformed services or	15876
overseas absent voter's ballots mailed or, sent by facsimile	15877
machine, or otherwise sent to such a person may be made by the	15878
spouse ~~when the person is a service member~~, ~~or by the~~ father,	15879
mother, father-in-law, mother-in-law, grandfather, grandmother,	15880
brother or sister of the whole blood or half blood, son,	15881
daughter, adopting parent, adopted child, stepparent, stepchild,	15882
uncle, aunt, nephew, or niece of such a person. The application	15883
shall be in writing upon a blank form furnished only by the	15884
director or on a single federal post card as provided in	15885
division (B) of this section. The form of the application shall	15886
be prescribed by the secretary of state. The director shall	15887
furnish that blank form to any of the relatives specified in	15888
this division desiring to make the application, only upon the	15889
request of such a relative made in person at the office of the	15890
board or upon the written request of such a relative mailed,	15891
sent by facsimile transmission, sent by electronic mail, or sent	15892
by other electronic means via the internet to the office of the	15893
board. The application, subscribed and sworn to by the applicant,	15894
shall contain all of the following:	15895

(1) The full name of the elector for whom ballots are	15896
requested;	15897

(2) A statement that the elector is an absent uniformed	15898
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	15899

(3) The address at which the elector is registered to vote;

15900

(4) A statement identifying the elector's length of residence	15901
in the state immediately preceding the commencement of service, or	15902
immediately preceding the date of leaving to be with or near a	15903
service member, or immediately preceding leaving the United	15904
States, as the case may be;	15905

(5) The elector's ~~date of birth~~birthdate;

15906

(6) One of the following, unless the individual is a	15907
first-time mail-in registrant:	15908

(a) The elector's Ohio driver's license number;

15909

(b) The last four digits of the elector's social security	15910
number;	15911

(c) A copy of the elector's ~~current and valid photo~~	15912
~~identification, a copy of a military identification, or a copy of~~	15913
~~a current utility bill, bank statement, government check,~~	15914
~~paycheck, or other government document, other than a notice of~~	15915
~~an election mailed by a board of elections under section~~	15916
~~3501.19 of the Revised Code or a notice of voter registration~~	15917
~~mailed by a board of elections under section 3503.19 of the~~	15918
~~Revised Code, that shows the name and address of the elector~~	15919
identification.	15920

(7) A statement identifying the election for which absent	15921
voter's ballots are requested;	15922

(8) A statement that the person requesting the ballots is a	15923
qualified elector;	15924

(9) If the request is for primary election ballots, the	15925
elector's party affiliation;	15926

(10) A statement that the applicant bears a relationship to	15927
the elector as specified in division (C) of this section;	15928

(11) The address to which ballots shall be mailed or the	15929
telephone number to which ballots shall be sent by facsimile	15930
machine;	15931

(12) The signature or, if the application is transmitted	15932
electronically, an image of the signature and the address of the	15933
person making the application;	15934

(13) If the elector is a first-time mail-in registrant, a	15935
copy of the elector's first-time mail-in registrant	15936
identification.	15937

~~Each~~(D)(1) An elector who is eligible to vote uniformed	15938
services or overseas absent voter's ballots may make a single	15939
request for uniformed services or overseas absent voter's	15940
ballots for all elections at which the elector is eligible to	15941
vote during a calendar year. The application shall contain the	15942
information specified in division (A) of this section and also	15943
shall specify that the elector is requesting uniformed services or	15944
overseas absent voter's ballots for each election during that	15945
year. If the elector wishes to vote primary election ballots,	15946
the elector shall state the elector's party affiliation in the	15947
application.	15948

If an elector applies for annual uniformed services or	15949
overseas absent voter's ballots under this division, the	15950
application shall be processed by the board of elections	15951
pursuant to section 3511.04 of the Revised Code the same as if	15952
the elector had applied separately for uniformed services or	15953
overseas absent voter's ballots for each election during the	15954
applicable calendar year. Uniformed services or overseas absent	15955
voter's ballots shall be sent to the elector for use at each	15956
election during the applicable calendar year for which the	15957
elector is eligible to cast a ballot. When sending uniformed	15958
services or overseas absent voter's ballots to an elector who	15959
applied for them under this division, the board shall enclose	15960
notification to the elector that the elector must report to the	15961
board subsequent changes in the elector's voting status, changes	15962
in the elector's address, or the elector's intent to vote at a	15963
polling location in the jurisdiction in this state where the	15964
elector is registered to vote. Such notification shall be in a	15965
form prescribed by the secretary of state.	15966

If a uniformed services or overseas absent voter's ballot or	15967
any official response to an application for an annual uniformed	15968
services or overseas absent voter's ballot is returned	15969
undeliverable to the board of elections, the board shall attempt	15970
to contact the elector to verify the elector's mailing address	15971
using any available contact information in the elector's voter	15972
registration record including the elector's telephone number,	15973
facsimile transmission number, or electronic mail address. If	15974
the board is unable to contact the elector, the board shall not	15975
send uniformed services or overseas absent voter's ballots for	15976
any subsequent election to that elector until the elector	15977
submits another application and the information in that	15978
application is verified. The board shall remove from the poll list	15979
or signature pollbook any notation that the elector requested an	15980
uniformed services or overseas absent voter's ballot. The elector	15981
may cast a regular ballot if the elector appears to vote in	15982
person on the day of the election or the elector may cast a	15983
uniformed services or overseas absent voter's ballot in person	15984
before the day of the election at the board of elections or if	15985
pursuant to division (C) of section 3501.10 of the Revised Code	15986
the board has designated one or more other locations in the	15987
county at which registered electors may cast an absent voter's	15988
ballot in person, at such other location.	15989

(2) Not later than the fifteenth day of December of each	15990
year, the board of elections shall send an application for annual	15991
uniformed services or overseas absent voter's ballots for the	15992
following calendar year to each person who requested annual	15993
uniformed services or overseas absent voter's ballots under	15994
division (D)(1) of this section for the current year and cast	15995
such ballots in the general election. An elector who completes	15996
and returns such an application shall be eligible to receive	15997
annual uniformed services or overseas absent voter's ballots	15998
under division (D)(1) of this section for the applicable year.	15999

(E) Except for annual applications for uniformed services or	16000
overseas absent voter's ballots submitted under division (D)(2)	16001
of this section, each application for ~~armed service~~uniformed	16002
services or overseas absent voter's ballots shall be delivered	16003
to the director not earlier than the first day of January of the	16004
year of the elections for which the ~~armed service~~uniformed	16005
services or overseas absent voter's ballots are requested or not	16006
earlier than ninety days before the day of the election at which	16007
the ballots are to be voted, whichever is earlier, and not later	16008
than twelve noon of the third day preceding the day of the	16009
election, or not later than ~~the close of regular business hours~~	16010
twelve noon on the day before the day of the election at which	16011
those ballots are to be voted if the application is delivered	16012
in person to the office of the board.	16013

~~(D)~~(F) If the voter for whom the application is made is	16014
entitled to vote for presidential and vice-presidential electors	16015
only, the applicant shall submit to the director in addition to	16016
the requirements of divisions (A), (B), and (C) of this section,	16017
a statement to the effect that the voter is qualified to vote for	16018
presidential and vice-presidential electors and for no other	16019
offices.	16020

Sec. 3511.021. (A)(1) The secretary of state shall	16021
establish, not later than August 30, 2010, procedures that allow	16022
any person to request a uniformed services or overseas absent	16023
voter's ballot electronically from the office of the secretary of	16024
state.	16025

(2) The procedures shall allow any person who requests a	16026
uniformed services or overseas absent voter's ballot application	16027
to express a preference for the manner in which the person will	16028
receive the requested application, whether by mail or	16029
electronically. If the person completes and timely returns the	16030
application and the applicant is eligible to receive a ballot, the	16031
procedures shall allow the applicant to express a preference for	16032
the manner in which the person will receive the requested blank,	16033
unvoted ballots, whether by mail or electronically. The requested	16034
items shall be transmitted by the preferred method. If the	16035
requestor does not express a preferred method, the requested items	16036
shall be delivered via standard mail.	16037

(3) To the extent practicable, the procedures shall protect	16038
the security and integrity of the ballot request and delivery	16039
process, and protect the privacy of the identity and personal data	16040
of the person when such applications and ballots are requested,	16041
processed, and sent.	16042

(4) No person shall return by electronic means to the	16043
secretary of state, a board of elections, or any other entity a	16044
completed or voted uniformed services or overseas absent voter's	16045
ballot. If a ballot is so returned, the ballot shall not be	16046
accepted, processed, or counted.	16047

(B) The secretary of state may establish procedures that	16048
allow any person to request a uniformed services or overseas	16049
absent voter's ballot electronically from a board of elections.	16050
Such procedures shall meet all the requirements of division (A) of	16051
this section.	16052

(C) The free access system established under division (C) of	16053
section 3509.10 of the Revised Code shall allow an individual to	16054
determine the following:	16055

(1) Whether that individual's request for a uniformed or	16056
overseas absent voter's ballot was received and processed;	16057

(2) If the individual's request was received and processed,	16058
when the uniformed or overseas absent voter's ballot was sent;	16059

(3) Whether any uniformed or overseas absent voter's ballot	16060
returned by that individual has been received by election	16061
officials;	16062

(4) Whether the board of elections found any error on the	16063
identification envelope containing the individual's returned	16064
uniformed or overseas absent voter's ballot and, if so, how the	16065
individual may correct such error within ten days after the day of	16066
an election; and	16067

(5) Whether the individual's uniformed or overseas absent	16068
voter's ballot was counted.	16069

Sec. 3511.03. The board of elections of each county shall	16070
provide ~~armed service~~uniformed services or overseas absent	16071
voter's ballots for use at each election. Such ballots for general	16072
or primary elections shall be prescribed on the ~~sixtieth~~	16073
seventieth day before the day of such elections and shall be the	16074
same as provided for absent voters in section 3509.01 of the	16075
Revised Code.	16076

Sec. 3511.04. (A) If a director of a board of elections	16077
receives an application for ~~armed service~~uniformed services or	16078
overseas absent voter's ballots that does not contain all of the	16079
required information, the director promptly shall notify the	16080
applicant, by whatever means of contact the applicant has	16081
provided on the application, of the additional information	16082
required to be provided by the applicant to complete that	16083
application. The applicant may provide the required information	16084
by mail, electronic mail, telephone, or facsimile transmission,	16085
through the internet, or in person at the office of the board of	16086
elections. If the application is missing a signature, the	16087
applicant may provide a signed statement that the applicant	16088
submitted the application. A signature provided on a signed	16089
statement under this division shall be considered the	16090
applicant's signature on the application for the purposes of	16091
processing an otherwise valid application for uniformed services	16092
or overseas absent voter's ballots. The secretary of state shall	16093
prescribe uniform standards for processing additional	16094
information by mail, electronic mail, telephone, facsimile	16095
transmission, through the internet, or in person at the office	16096
of the board of elections under this division.	16097

If the applicant provides the required information prior to	16098
the end of the period for voting by uniformed services or overseas	16099
absent voter's ballots at that election, the board shall	16100
promptly process the application and deliver uniformed services	16101
or overseas absent voter's ballots to the applicant.	16102

(B) ~~Not later than the twenty-fifth day before the day of~~	16103
~~each presidential primary election and~~Subject to section	16104
3511.041 of the Revised Code, not later than the ~~thirty-fifth~~	16105
forty-fifth day before the day of each general or ~~other~~ primary	16106
election, and at the earliest possible time before the day of a	16107
special election held on a day other than the day on which a	16108
general or primary election is held, the director of the board	16109
of elections shall mail or, send by facsimile machine ~~armed~~	16110
~~service~~, or otherwise send uniformed services or overseas absent	16111
voter's ballots then ready for use as provided for in section	16112
3511.03 of the Revised Code and for which the director has	16113
received valid applications prior to that time. Thereafter, and	16114
until twelve noon of the third day preceding the day of	16115
election, the director shall promptly, upon receipt of valid	16116
applications for them, mail or, send by facsimile machine, or	16117
otherwise send to the proper persons all ~~armed service~~uniformed	16118
services or overseas absent voter's ballots then ready for use.	16119

If, after the sixtieth day before the day of a general or	16120
primary election, any other question, issue, or candidacy is	16121
lawfully ordered submitted to the electors voting at the general	16122
or primary election, the board shall promptly provide a separate	16123
official issue, special election, or other election ballot for	16124
submitting the question, issue, or candidacy to those electors,	16125
and the director shall promptly mail or, send by facsimile	16126
machine, or otherwise send each such separate ballot to each	16127
person to whom the director has previously mailed or, sent by	16128
facsimile machine, or otherwise sent other ~~armed service~~uniformed	16129
services or overseas absent voter's ballots.	16130

In mailing ~~armed service~~uniformed services or overseas	16131
absent voter's ballots, the director shall use the fastest mail	16132
service available, but the director shall not mail them by	16133
certified mail.	16134

Sec. 3511.041. (A) An elections official of the county in	16135
which an elector applies to vote by uniformed services or overseas	16136
absent voter's ballots may challenge the right of the elector	16137
named on the application to receive uniformed services or	16138
overseas absent voter's ballots only on the following grounds:	16139

(1) That the person is not a resident of the precinct for	16140
which the person is applying to vote uniformed services or	16141
overseas absent voter's ballots;	16142

(2) That the person is not a citizen of the United States;

16143

(3) That the person is not eighteen years of age or older;

16144

(4) That the person is not a qualified elector for that	16145
election;	16146

(5) That the person is not the elector that the person	16147
purports to be.	16148

Challenges shall be made only if the election official knows	16149
or reasonably believes that the person is not qualified and	16150
entitled to vote.	16151

(B) If an elector's uniformed services or overseas absent	16152
voter's ballot application is challenged, the application shall	16153
be kept with other challenged uniformed services or overseas	16154
absent voter's ballot applications.	16155

(C) Upon receipt of a challenged uniformed services or	16156
overseas absent voter's ballot application, the board of	16157
elections promptly shall review the board's records. If the	16158
board is able to determine that a challenge should be denied	16159
solely on the basis of the records maintained by the board, the	16160
board immediately shall vote to deny the challenge. If the board	16161
is unable to determine the outcome of the challenge solely on	16162
the basis of the records maintained by the board, the board	16163
shall notify the elector of the challenge to the elector's	16164
uniformed services or overseas absent voter's ballot application	16165
and shall provide an opportunity for the elector to respond to	16166
the challenge. The board of elections shall use the challenge	16167
and notification process established in section 3503.24 of the	16168
Revised Code, except that the board shall decide the challenge	16169
prior to the day of the election.	16170

(D) If the challenge is denied, a uniformed services or	16171
overseas absent voter's ballot shall promptly be sent to the	16172
elector requesting that ballot. If the board of elections	16173
upholds the challenge, the uniformed services or overseas absent	16174
voter's ballot application shall not be processed, no uniformed	16175
services or overseas absent voter's ballot shall be sent to the	16176
elector, and the elector shall be notified of the reason the	16177
elector will not receive a uniformed services or overseas absent	16178
voter's ballot.	16179

(E) No election official or other person may challenge the	16180
validity of a uniformed services or overseas absent voter's ballot	16181
that has been completed and returned by the voter under this	16182
section. The validity of such a ballot shall be determined under	16183
section 3511.11 of the Revised Code, as applicable.	16184

(F) The person challenging an elector's right to vote bears	16185
the burden of proving, by clear and convincing evidence, that the	16186
challenged elector's registration should be canceled.	16187

Sec. 3511.05. (A) The director of the board of elections	16188
shall place ~~armed service~~uniformed services or overseas absent	16189
voter's ballots sent by mail or other means in an unsealed	16190
identification envelope~~, gummed ready for sealing~~. The director	16191
shall include with ~~armed service~~uniformed services or overseas	16192
absent voter's ballots sent by facsimile machine or otherwise	16193
sent an instruction sheet for preparing ~~a gummed~~an envelope in	16194
which the ballots shall be returned. The envelope for returning	16195
ballots sent by either means shall have printed or written on its	16196
face a form substantially as follows:	16197

"Identification Envelope Statement of Voter	16198

I, ........................(Name of voter), declare under	16199
penalty of election falsification that the ~~within~~ ballot or	16200
ballots contained no voting marks of any kind when I received	16201
them, and I caused the ballot or ballots to be marked, enclosed in	16202
the identification envelope, and sealed in that envelope.	16203

My voting residence in Ohio is

16204

...................................................................	16205

(Street and Number, if any, or Rural Route and Number)	16206

of ................................ (City, Village, or Township)	16207
Ohio~~, which is in Ward ............... Precinct ................~~	16208
~~in that city, village, or township~~.	16209

~~The primary election ballots, if any, within this envelope~~	16210
~~are~~If the election is a primary election, by requesting ballots	16211
of the ............. Party, I hereby declare that I desire to be	16212
affiliated with and support the above-named party.	16213

~~Ballots contained within this envelope are to be voted at the~~	16214
~~.......... (general, special, or primary) election to be held on~~	16215
~~the .......................... day of ......................,~~	16216
~~....~~	16217

My ~~date of birth~~birthdate is ............... (Month and	16218
Day), .......... (Year).	16219

(Voter must provide one of the following:)

16220

My Ohio driver's license number is ............... (~~Driver's~~	16221
Ohio driver's license number).	16222

The last four digits of my Social Security Number are	16223
............... (Last four digits of Social Security Number).	16224

...... In lieu of providing aan Ohio driver's license number	16225
or the last four digits of my Social Security Number, I am	16226
enclosing a copy of ~~one of~~ the following in the return envelope	16227
in which this identification envelope will be mailed: a current	16228
and valid photo identification issued by the state or an agency	16229
or political subdivision of the state, an institution of higher	16230
education, or the United States government, or an affirmation of	16231
my identity. If I am a first-time voter who registered to vote	16232
by mail, did not provide identification when I registered to	16233
vote, and have not previously voted at a federal election in Ohio,	16234
I am enclosing a copy of a current and valid photo	16235
identification, a military identification, or a current utility	16236
bill, bank statement, government check, paycheck, or other	16237
government document~~, other than a notice of an election mailed by~~	16238
~~a board of elections under section 3501.19 of the Revised Code or~~	16239
~~a notice of voter registration mailed by a board of elections,~~	16240
that shows my name and address.	16241

I hereby declare, under penalty of election falsification,	16242
that the statements above are true~~, as I verily believe~~.	16243

			16244
	(Signature of Voter (required)		16245

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	16246
THE FIFTH DEGREE."	16247

(B) The board of elections shall use an internal tracking	16248
system for all delivered uniformed services or overseas absent	16249
voter's ballots, which system shall allow the board of elections	16250
to locate a voter's registration information based on a returned	16251
uniformed services or overseas absent voter's ballot	16252
identification envelope. A board of elections complies with this	16253
requirement if the board records the unique identification number	16254
located on the stub of the voter's ballot, the voter's name, and	16255
the voter's address, and causes the unique identification number	16256
to be copied on the outside of the identification envelope. The	16257
director shall also ~~mail~~send with the ballots and the unsealed	16258
identification envelope sent by mail or other means an unsealed	16259
return envelope~~, gummed, ready for sealing,~~ for use by the	16260
voter in returning the voter's marked ballots to the director.	16261
The director shall send with the ballots and the instruction	16262
sheet for preparing ~~a gummed~~an envelope sent by facsimile	16263
machine or otherwise sent an instruction sheet for preparing a	16264
second ~~gummed~~ envelope as described in this division, for use by	16265
the voter in returning that voter's marked ballots to the	16266
director. The return envelope shall ~~have two parallel lines,~~	16267
~~each one quarter of an inch in width, printed across its face~~	16268
~~paralleling the top, with an intervening space of one quarter of~~	16269
~~an inch between such lines. The top line shall be one and~~	16270
~~one-quarter inches from the top of the envelope. Between the~~	16271
~~parallel lines shall be printed:~~have printed on it "OFFICIAL	16272
ELECTION ~~ARMED SERVICE~~UNIFORMED SERVICES OR OVERSEAS ABSENT	16273
VOTER'S BALLOTS ~~-- VIA AIR~~- FIRST CLASS MAIL." Three blank	16274
lines shall be printed in the upper left corner on the face of	16275
the envelope for the use by the voter in placing the voter's	16276
complete military, naval, or mailing address on these lines, and	16277
beneath these lines there shall be printed a box beside the	16278
words "check if out-of-country." The voter shall check this box	16279
if the voter will be outside the United States on the day of the	16280
election. The official title and the post-office address of the	16281
director to whom the envelope shall be returned shall be printed	16282
on the face of such envelope in the lower right portion below the	16283
bottom parallel line.	16284

~~(C) On the back of each identification envelope and each~~	16285
~~return envelope shall be printed the following:~~	16286

~~"Instructions to voter:~~	16287

~~If the flap on this envelope is so firmly stuck to the back~~	16288
~~of the envelope when received by you as to require forcible~~	16289
~~opening in order to use it, open the envelope in the manner least~~	16290
~~injurious to it, and, after marking your ballots and enclosing~~	16291
~~same in the envelope for mailing them to the director of the board~~	16292
~~of elections, reclose the envelope in the most practicable way, by~~	16293
~~sealing or otherwise, and sign the blank form printed below.~~	16294

~~The flap on this envelope was firmly stuck to the back of the~~	16295
~~envelope when received, and required forced opening before sealing~~	16296
~~and mailing.~~	16297

			16298
	~~(Signature of voter)"~~		16299

~~(D) Division (C) of this section does not apply when absent~~	16300
~~voter's ballots are sent by facsimile machine.~~	16301

Sec. 3511.06. The return envelope provided for in section	16302
3511.05 of the Revised Code shall be of such size that the	16303
identification envelope can be conveniently placed within it for	16304
returning the identification envelope to the director. The	16305
envelope in which the two envelopes and the ~~armed service~~	16306
uniformed services or overseas absent voter's ballots are	16307
mailed to the elector shall have ~~two parallel lines, each one~~	16308
~~quarter of an inch in width, printed across its face,~~	16309
~~paralleling the top, with an intervening space of one-quarter~~	16310
~~of an inch between such lines. The top line shall be one and~~	16311
~~one-quarter inches from the top of the envelope. Between the~~	16312
~~parallel lines shall be~~ printed on it: ~~"official armed service~~	16313
~~absent voter's balloting material--via air mail~~OFFICIAL	16314
UNIFORMED SERVICES OR OVERSEAS ABSENT VOTER'S BALLOTING MATERIAL -	16315
FIRST CLASS MAIL." The appropriate return address of the	16316
director of the board of elections shall be printed in the	16317
upper left corner on the face of such envelope. Several blank	16318
lines shall be printed on the face of such envelope in the	16319
lower right portion~~, below the bottom parallel line,~~ for	16320
writing in the name and address of the elector to whom such	16321
envelope is ~~mailed~~sent.	16322

Sec. 3511.08. The director of the board of elections shall	16323
keep a record of the name and address of each person to whom he	16324
the director mails, sends, or delivers ~~armed service~~uniformed	16325
services or overseas absent voter's ballots, the kinds of	16326
ballots so mailed, sent, or delivered, and the name and address	16327
of the person who made the application for ~~such~~those ballots.	16328
After hethe director has mailed, sent, or delivered such	16329
ballots hethe director shall not mail, send, or deliver	16330
additional ballots of the same kind to such person pursuant to a	16331
subsequent request unless such subsequent request contains the	16332
statement that an earlier request had been sent to the director	16333
prior to the thirtieth day before the election and that the	16334
~~armed service~~uniformed services or overseas absent voter's	16335
ballots so requested had not been received by such person prior	16336
to the fifteenth day before the election, and provided that the	16337
director has not received an identification envelope purporting	16338
to contain marked ~~armed service~~uniformed services or overseas	16339
absent voter's ballots from such person.	16340

Sec. 3511.09. (A) When an elector receives a uniformed	16341
services or overseas absent voter's ballot pursuant to the	16342
elector's application or request, the elector shall, before	16343
placing any marks on the ballot, note whether there are any	16344
voting marks on it. If there are any voting marks, the ballot	16345
shall be returned immediately to the board of elections;	16346
otherwise, the elector shall cause the ballot to be marked,	16347
folded in a manner that the stub on it is visible, and placed	16348
and sealed within the identification envelope received from the	16349
director of elections for that purpose. Then, the elector shall	16350
cause the statement of voter on the outside of the	16351
identification envelope to be completed, under penalty of	16352
election falsification.	16353

(B) Unless the elector is a first-time mail-in registrant,	16354
the elector shall provide the elector's Ohio driver's license	16355
number or the last four digits of the elector's social security	16356
number on the statement of voter on the identification envelope.	16357
If the elector does not provide the elector's Ohio driver's	16358
license number or the last four digits of the elector's social	16359
security number on the statement of voter, the elector shall	16360
include in the return envelope with the identification envelope	16361
a copy of the elector's identification. If the elector is a	16362
first-time mail-in registrant, the elector shall include a copy	16363
of the elector's first-time mail-in registrant identification.	16364

(C)(1) Only the elector or a person authorized by the	16365
elector may transport that elector's completed uniformed	16366
services or overseas absent voter's ballot to the office of the	16367
board of elections from which it was received or to another	16368
location established by the board for the purposes of casting	16369
uniformed services or overseas absent voter's ballots, provided	16370
that the voter must seal the ballot in the identification	16371
envelope, complete the identification envelope, and seal the	16372
identification envelope in the return envelope.	16373

Only the elector or a person authorized by the elector may	16374
transport that elector's completed uniformed services or overseas	16375
absent voter's ballot to the United States postal service or to a	16376
commercial delivery service for delivery to the board of	16377
elections, provided that the voter must seal the ballot in the	16378
identification envelope, complete the identification envelope,	16379
and seal the identification envelope in the return envelope. Any	16380
postage or delivery cost must be pre-paid and affixed by the	16381
voter.	16382

Other than the methods described in this section, the return	16383
envelope shall be transmitted to the director in no other	16384
manner, except as provided in section 3509.08 of the Revised	16385
Code.	16386

(2)(a) No person shall accept or provide anything of value	16387
for the collection of a completed uniformed services or overseas	16388
absent voter's ballot for transport to the board of elections or	16389
other location designated by a board of elections or to the	16390
United States postal service or other commercial delivery	16391
service.	16392

(b) No candidate or official member of a campaign committee	16393
may solicit to complete an elector's identification envelope or	16394
solicit to collect and transport an elector's completed	16395
uniformed services or overseas absent voter's ballot.	16396

(3) No otherwise valid uniformed services or overseas absent	16397
voter's ballot shall be rejected due to the failure of a person	16398
to comply with division (C) of this section.	16399

(D) Each elector who will be outside the United States on the	16400
day of the election shall check the box on the return envelope	16401
indicating this fact.	16402

Sec. 3511.10. If, after the ~~thirty-fifth~~forty-fifth day and	16403
before the close of the polls on the day of a general or primary	16404
election, a valid application for ~~armed service~~uniformed	16405
services or overseas absent voter's ballots is delivered to the	16406
director of the board of elections at the office of the board by	16407
a person making the application ~~in his~~on the person's own	16408
behalf, the director shall forthwith deliver to the person all	16409
~~armed service~~uniformed services or overseas absent voter's	16410
ballots then ready for use, together with an identification	16411
envelope. The person shall then immediately retire to a voting	16412
booth in the office of the board, and mark the ballots. HeThe	16413
person shall then fold each ballot separately so as to conceal	16414
~~his~~the person's markings thereon, and deposit all of the	16415
ballots in the identification envelope and securely seal it.	16416
Thereupon hethe person shall fill in answers to the questions	16417
on the face of the identification envelope, and by writing ~~his~~	16418
the person's usual signature in the proper place thereon, hethe	16419
person shall declare under penalty of election falsification	16420
that the answers to those questions are true and correct to the	16421
best of ~~his~~that person's knowledge and belief. HeThe person	16422
shall then deliver the identification envelope to the director.	16423
If thereafter, and before the third day preceding such election,	16424
the board provides additional separate official issue or special	16425
election ballots, as provided for in section 3511.04 of the	16426
Revised Code, the director shall promptly, and not later than	16427
twelve noon of the third day preceding the day of election, mail	16428
or otherwise send such additional ballots to such person at the	16429
address specified by ~~him~~that person for that purpose.	16430

In the event any person serving in the armed forces of the	16431
United States is discharged after the closing date of	16432
registration, and hethat person or ~~his~~that person's spouse, or	16433
both, meets all the other qualifications set forth in section	16434
3511.01 of the Revised Code, ~~he or she~~the person or spouse shall	16435
be permitted to vote prior to the date of the election in the	16436
office of the board in ~~his~~the person's or spouse's county, as	16437
set forth in this section.	16438

Sec. 3511.11. (A) Upon receipt of any return envelope	16439
bearing the designation "Official Election ~~Armed Service~~Uniformed	16440
Services or Overseas Absent Voter's Ballot" prior ~~to the~~	16441
~~twenty-first day after the day of a presidential primary election~~	16442
~~or prior~~ to the eleventh day after the day of any ~~other~~ election,	16443
~~the director of the board of elections~~a bipartisan team shall	16444
inspect the postmark and verify the date the board received the	16445
uniformed services or overseas absent voter's ballot. If either	16446
the postmark, if applicable, or the date of receipt do not meet	16447
the applicable deadlines for that election established in	16448
division (C) or (D) of this section, the ballot shall not be	16449
counted. The identification envelope shall not be opened, and it	16450
shall be endorsed "not counted" with the reasons the ballot was	16451
not counted.	16452

If the postmark, if applicable, and the date of receipt for a	16453
return envelope purporting to contain voted uniformed services or	16454
overseas absent voter's ballots meets the applicable deadlines	16455
for that election established in division (C) or (D) of this	16456
section, the bipartisan team shall open it but shall not open	16457
the identification envelope contained in it. If, upon so	16458
opening the return envelope, the ~~director~~bipartisan team	16459
finds ballots in it that are not enclosed in and properly	16460
sealed in the identification envelope, the ~~director~~bipartisan	16461
team shall not look at the markings upon the ballots and shall	16462
promptly place them in the identification envelope and	16463
promptly seal it. If, upon so opening the return envelope, the	16464
~~director~~bipartisan team finds that ballots are enclosed in the	16465
identification envelope but that it is not properly sealed, the	16466
~~director~~bipartisan team shall not look at the markings upon	16467
the ballots and shall promptly seal the identification	16468
envelope.	16469

(B) ~~Armed service~~Uniformed services or overseas absent	16470
voter's ballots delivered to the director not later than the	16471
close of the polls on election day shall be processed and counted	16472
in the manner provided in division (F) of this section ~~3509.06~~	16473
~~of the Revised Code~~.	16474

(C) A return envelope that indicates that the voter will be	16475
outside of the United States on the day of an election is not	16476
required to be postmarked in order for ~~an armed service~~a	16477
uniformed services or overseas absent voter's ballot contained in	16478
it to be valid. Except as otherwise provided in this division,	16479
whether or not the return envelope containing the ballot is	16480
postmarked or contains an illegible postmark, ~~an armed service~~a	16481
uniformed services or overseas absent voter's ballot that is	16482
received after the close of the polls on election day through	16483
the tenth day after the election day ~~or, if the election was a~~	16484
~~presidential primary election, through the twentieth day after~~	16485
~~the election day,~~ and that is delivered in a return envelope	16486
that indicates that the voter will be outside the United States	16487
on the day of the election shall be counted on the eleventh day	16488
after the election day ~~or, if the election was a presidential~~	16489
~~primary election, on the twenty-first day after the election~~	16490
~~day,~~ at the office of the board of elections in the manner	16491
provided in ~~divisions (C) and (D)~~division (F) of this section	16492
~~3509.06 of the Revised Code~~. However, if a return envelope	16493
containing ~~an armed service~~a uniformed services or overseas	16494
absent voter's ballot is so received and so indicates, but it	16495
is postmarked, or the identification envelope in it is signed,	16496
after the close of the polls on election day, the ~~armed service~~	16497
uniformed services or overseas absent voter's ballot shall not	16498
be counted. The identification envelope shall not be opened and	16499
it shall be endorsed "not counted" with the reasons the ballot	16500
was not counted.	16501

(D)(1) Except as otherwise provided in division (D)(2) of	16502
this section, any return envelope containing ~~an armed service~~a	16503
uniformed services or overseas absent voter's ballot that is	16504
postmarked within the United States prior to the close of the	16505
polls on election day ~~of the election~~ shall be delivered to the	16506
director prior to the eleventh day after the election. ~~Armed~~	16507
~~service~~Uniformed services or overseas absent voter's ballots	16508
delivered in envelopes postmarked prior to the close of the	16509
polls on election day ~~of the election~~ that are received after the	16510
close of the polls on election day through the tenth day	16511
thereafter shall be counted on the eleventh day at the board of	16512
elections in the manner provided in ~~divisions (C) and (D)~~	16513
division (F) of this section ~~3509.06 of the Revised Code~~. Any	16514
such ~~ballots~~ballot that ~~are~~is received by the director later	16515
than the tenth day following the election shall not be counted,	16516
but shall be kept by the board in the sealed identification	16517
~~envelopes~~envelope as provided in division (A) of this section.	16518
The identification envelope shall not be opened and it shall be	16519
endorsed "not counted" with the reasons the ballot was not	16520
counted.	16521

(2) Division (D)(1) of this section shall not apply to any	16522
mail that is postmarked using a postage evidencing system,	16523
including a postage meter, as defined in 39 C.F.R. 501.1.	16524

(E) ~~The following types of armed service absent voter's~~	16525
~~ballots shall not be counted:~~	16526

~~(1) Armed service absent voter's ballots contained in return~~	16527
~~envelopes that bear the designation "Official Election Armed~~	16528
~~Service Absent Voter's Ballots," that are received by the director~~	16529
~~after the close of the polls on the day of the election, and that~~	16530
~~either are postmarked, or contain an identification envelope that~~	16531
~~is signed, on or after election day;~~	16532

~~(2) Armed service absent voter's ballots contained in return~~	16533
~~envelopes that bear that designation, that do not indicate they~~	16534
~~are from voters who will be outside the United States on the day~~	16535
~~of the election, and that are received after the tenth day~~	16536
~~following the election or, if the election was a presidential~~	16537
~~primary election, after the twentieth day following the election;~~	16538

~~(3) Armed service absent voter's ballots contained in return~~	16539
~~envelopes that bear that designation, that are received by the~~	16540
~~director within ten days after the day of the election, and that~~	16541
~~were postmarked before the day of the election using a postage~~	16542
~~evidencing system, including a postage meter, as defined in 39~~	16543
~~C.F.R. 501.1.~~	16544

~~The uncounted ballots shall be preserved in their~~	16545
~~identification envelopes unopened until the time provided by~~	16546
~~section 3505.31 of the Revised Code for the destruction of all~~	16547
~~other ballots used at the election for which ballots were~~	16548
~~provided, at which time they shall be destroyed.~~The board of	16549
elections shall appoint special election judges for the purpose of	16550
processing and counting uniformed services or overseas absent	16551
voter's ballots. The votes so cast shall be added to the vote	16552
totals by the board, and the uniformed services or overseas	16553
absent voter's ballots shall be preserved separately by the	16554
board, in the same manner and for the same length of time as	16555
provided by section 3505.31 of the Revised Code.	16556

(F)(1) Each of the identification envelopes purporting to	16557
contain uniformed services or overseas absent voter's ballots	16558
delivered to the special judge appointed by the board of	16559
elections shall be processed and counted as follows:	16560

(a) The election officials shall inspect the statement	16561
accompanying a uniformed services or overseas absent voter's	16562
ballot to determine if the voter's signature has been provided	16563
and that the signature substantially conforms to the voter's	16564
signature in the voter's registration record.	16565

(b) The election officials shall compare the signature of the	16566
voter as provided on the statement accompanying the uniformed	16567
services or overseas absent voter's ballot with the signature	16568
contained in the voter registration records.	16569

(c) If the election officials find that the voter's valid	16570
signature has been provided and that the voter is registered and	16571
eligible to cast a ballot in the election, the election officials	16572
shall open the envelope and determine if the stub is attached to	16573
or enclosed with the ballot. If the stub is attached to or	16574
enclosed with the ballot, the election officials shall count	16575
that ballot not earlier than the day of the election. If the	16576
stub is not attached to or enclosed with the ballot, the	16577
uniformed services or overseas absent voter's ballot shall not be	16578
counted. The ballot shall be placed in its accompanying	16579
identification envelope, which shall be endorsed "not counted"	16580
with the reasons the ballot was not counted.	16581

(d) If the election officials find that voter did not sign	16582
the statement of voter on the identification envelope or if the	16583
election officials are unable to determine the identity of the	16584
voter who returned the ballot, the election officials shall use	16585
any information provided on the identification envelope or, if	16586
necessary, cross-reference the unique stub number placed on the	16587
identification envelope with the registration records to identify	16588
the voter for notification under division (J) of this section.	16589

(e) If the voter did not sign the statement of voter on the	16590
identification envelope and if the voter fails to correct that	16591
defect within ten days after the day of the election in accordance	16592
with division (J) of this section, or if the election officials	16593
find that the voter is not registered or not eligible to cast a	16594
ballot in the election, the voter's uniformed services or overseas	16595
absent voter's ballot shall not be counted. The identification	16596
envelope shall not be opened and it shall be endorsed "not	16597
counted" with the reasons the ballot was not counted.	16598

(2) The board of elections may process uniformed services or	16599
overseas absent voter's ballots under division (F)(1) of this	16600
section during the ten days prior to the day of an election but	16601
shall not reveal or cause to be revealed the marks on any	16602
ballots. The board shall not count any uniformed services or	16603
overseas absent voter's ballot prior to the day of the election.	16604

(3) Any ballots that are not eligible to be counted under	16605
division (C), (F)(1)(c), or (F)(1)(e) of this section shall be	16606
preserved in their identification envelopes until the time	16607
provided by section 3505.31 of the Revised Code for the	16608
destruction of all other ballots used at the election for which	16609
ballots were provided, at which time they shall be destroyed.	16610

(G) The registration record of each person voting a uniformed	16611
services or overseas absent voter's ballot shall be marked to	16612
indicate that the person has voted. The date of such election	16613
shall also be entered on the elector's registration record.	16614

(H) Special election judges, employees or members of the	16615
board of elections, or observers shall not disclose the count or	16616
any portion of the count of uniformed services or overseas absent	16617
voter's ballots prior to the time of the closing of the polling	16618
places. No person shall recklessly disclose the count or any	16619
portion of the count of uniformed services or overseas absent	16620
voter's ballots in such a manner as to jeopardize the secrecy of	16621
any individual ballot.	16622

(I) Observers may be appointed under section 3505.21 of the	16623
Revised Code to witness the processing of identification envelopes	16624
and the counting of uniformed services or overseas absent voters'	16625
ballots under this section.	16626

(J)(1) If the voter did not sign the statement of voter on	16627
the identification envelope or if the election officials are	16628
unable to determine the identity of the voter who returned the	16629
ballot, the board of elections shall notify the voter, by whatever	16630
means of contact the voter has provided on the identification	16631
envelope or using any available contact information in the voter's	16632
registration record, of the defect and request the voter to verify	16633
the voter's identity for the purpose of processing that uniformed	16634
services or overseas absent voter's ballot.	16635

(2) The voter may verify that the voter was the person who	16636
returned the uniformed services or overseas absent voter's ballot	16637
in any of the following ways:	16638

(a) By confirming by mail, electronic mail, telephone, or	16639
facsimile transmission, or through the internet the voter's date	16640
of birth and residence address in a manner that substantially	16641
conforms with the records of the board of elections;	16642

(b) By providing a statement by mail, electronic mail, or	16643
facsimile transmission, or through the internet that the voter	16644
submitted the ballot and by attaching the voter's signature to	16645
that statement. A signature attached to a statement made under	16646
this division shall be considered the voter's signature on the	16647
identification envelope for the purposes of verifying the validity	16648
of that ballot.	16649

(c) By appearing in person at the office of the board of	16650
elections and signing the identification envelope.	16651

(3) The secretary of state shall prescribe uniform standards	16652
for processing additional information by mail, electronic mail,	16653
telephone, facsimile transmission, through the internet, or in	16654
person at the office of the board of elections under division (J)	16655
of this section.	16656

(4) If the voter provides the required information within ten	16657
days after the day of the election, the election officials shall	16658
complete the processing of the uniformed services or overseas	16659
absent voter's ballot under division (F) of this section in the	16660
same manner as if that information had been included on the	16661
statement of voter at the time the ballot was returned.	16662

(K) As used in this section, "bipartisan team" and	16663
"processing" a ballot have the same meanings as in section 3509.06	16664
of the Revised Code.	16665

Sec. 3511.13. (A) The poll list or signature pollbook for	16666
each precinct shall identify each registered elector in that	16667
precinct who has requested ~~an armed service~~a uniformed services	16668
or overseas absent voter's ballot for that election.	16669

(B)(1) If a registered elector appears to vote in that	16670
precinct and that elector has requested ~~an armed service~~a	16671
uniformed services or overseas absent voter's ballot for that	16672
election but the director has not received a sealed	16673
identification envelope purporting to contain that elector's	16674
voted ~~armed service~~uniformed services or overseas absent voter's	16675
ballots for that election, the elector shall be permitted to	16676
cast a provisional ballot under section 3505.181 of the Revised	16677
Code in that precinct on the day of that election.	16678

(2) If a registered elector appears to vote in that precinct	16679
and that elector has requested ~~an armed service~~a uniformed	16680
services or overseas absent voter's ballot for that election and	16681
the director has received a sealed identification envelope	16682
purporting to contain that elector's voted ~~armed service~~	16683
uniformed services or overseas absent voter's ballots for that	16684
election, the elector shall be permitted to cast a provisional	16685
ballot under section 3505.181 of the Revised Code in that	16686
precinct on the day of that election.	16687

(C)(1) In processing and counting ~~armed service~~uniformed	16688
services or overseas absent voter's ballots under section	16689
3511.11 of the Revised Code, the board of elections shall	16690
compare the signature of each elector from whom the director has	16691
received a sealed identification envelope purporting to contain	16692
that elector's voted ~~armed service~~uniformed services or overseas	16693
absent voter's ballots for that election to the signature on the	16694
elector's registration ~~form~~record. Except as otherwise provided	16695
in division (C)(3) of this section, if the board of elections	16696
determines that the ~~armed service~~uniformed services or overseas	16697
absent voter's ballot in the sealed identification envelope is	16698
valid, it shall be counted. If the board of elections	16699
determines that the signature on the sealed identification	16700
envelope purporting to contain the elector's voted ~~armed~~	16701
~~service~~uniformed services or overseas absent voter's ballot does	16702
not match the signature on the elector's registration ~~form~~	16703
record, the ballot shall be set aside and the board shall	16704
examine, during the time prior to the beginning of the official	16705
canvass, the poll list or signature pollbook from the precinct	16706
in which the elector is registered to vote to determine if the	16707
elector also cast a provisional ballot under section 3505.181 of	16708
the Revised Code in that precinct on the day of the election.	16709

(2) The board of elections shall count the provisional	16710
ballot, instead of the ~~armed service~~uniformed services or	16711
overseas absent voter's ballot, of an elector from whom the	16712
director has received an identification envelope purporting to	16713
contain that elector's voted ~~armed service~~uniformed services or	16714
overseas absent voter's ballots, if both of the following apply:	16715

(a) The board of elections determines that the signature of	16716
the elector on the outside of the identification envelope in which	16717
the ~~armed service~~uniformed services or overseas absent voter's	16718
ballots are enclosed does not match the signature of the elector	16719
on the elector's registration form;	16720

(b) The elector cast a provisional ballot in the precinct on	16721
the day of the election.	16722

(3) If the board of elections does not receive the sealed	16723
identification envelope purporting to contain the elector's voted	16724
~~armed service~~uniformed services or overseas absent voter's ballot	16725
by the applicable deadline established under section 3511.11 of	16726
the Revised Code, the provisional ballot cast under section	16727
3505.181 of the Revised Code in that precinct on the day of the	16728
election shall be counted as valid, if that provisional ballot	16729
is otherwise determined to be valid pursuant to section 3505.183	16730
of the Revised Code.	16731

(D) If the board of elections counts a provisional ballot	16732
under division (C)(2) ~~or (3)~~ of this section, the returned	16733
identification envelope of that elector shall not be opened, and	16734
the ballot within that envelope shall not be counted. The	16735
identification envelope shall be endorsed "Not Counted" with the	16736
reason the ballot was not counted.	16737

Sec. 3511.14. A board of elections shall accept and process	16738
federal write-in ballots for all elections as required under "The	16739
Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No.	16740
99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.	16741

Sec. 3513.01. (A) Except as otherwise provided in this	16742
section, on the first Tuesday after the first Monday in March of	16743
2000 and every fourth year thereafter, and on the first Tuesday	16744
after the first Monday in May of every other year, primary	16745
elections shall be held for the purpose of nominating persons as	16746
candidates of political parties for election to offices to be	16747
voted for at the succeeding general election.	16748

(B) The manner of nominating persons as candidates for	16749
election as officers of a municipal corporation having a	16750
population of two thousand or more, as ascertained by the most	16751
recent federal census, shall be the same as the manner in which	16752
candidates were nominated for election as officers in the	16753
municipal corporation in 1989 unless the manner of nominating such	16754
candidates is changed under division (C), (D), or (E) of this	16755
section.	16756

(C) Primary elections shall not be held for the nomination of	16757
candidates for election as officers of any township, or any	16758
municipal corporation having a population of less than two	16759
thousand, unless a majority of the electors of any such township	16760
or municipal corporation, as determined by the total number of	16761
votes cast in such township or municipal corporation for the	16762
office of governor at the most recent regular state election,	16763
files with the board of elections of the county within which such	16764
township or municipal corporation is located, or within which the	16765
major portion of the population thereof is located, if the	16766
municipal corporation is situated in more than one county, not	16767
later than one hundred ~~five~~fifteen days before the day of a	16768
primary election, a petition signed by such electors asking that	16769
candidates for election as officers of such township or municipal	16770
corporation be nominated as candidates of political parties, in	16771
which event primary elections shall be held in such township or	16772
municipal corporation for the purpose of nominating persons as	16773
candidates of political parties for election as officers of such	16774
township or municipal corporation to be voted for at the	16775
succeeding regular municipal election. In a township or municipal	16776
corporation where a majority of the electors have filed a petition	16777
asking that candidates for election as officers of the township or	16778
municipal corporation be nominated as candidates of political	16779
parties, the nomination of candidates for a nonpartisan election	16780
may be reestablished in the manner prescribed in division (E) of	16781
this section.	16782

(D)(1) The electors in a municipal corporation having a	16783
population of two thousand or more, in which municipal officers	16784
were nominated in the most recent election by nominating petition	16785
and elected by nonpartisan election, may place on the ballot in	16786
the manner prescribed in division (D)(2) of this section the	16787
question of changing to the primary-election method of nominating	16788
persons as candidates for election as officers of the municipal	16789
corporation.	16790

(2) The board of elections of the county within which the	16791
municipal corporation is located, or, if the municipal corporation	16792
is located in more than one county, of the county within which the	16793
major portion of the population of the municipal corporation is	16794
located, shall, upon receipt of a petition signed by electors of	16795
the municipal corporation equal in number to at least ten per cent	16796
of the vote cast at the most recent regular municipal election,	16797
submit to the electors of the municipal corporation the question	16798
of changing to the primary-election method of nominating persons	16799
as candidates for election as officers of the municipal	16800
corporation. The ballot language shall be substantially as	16801
follows:	16802

"Shall candidates for election as officers of ............	16803
(name of municipal corporation) in the county of ............	16804
(name of county) be nominated as candidates of political parties?	16805

........ yes	16806

........ no"	16807

The question shall be placed on the ballot at the next	16808
general election in an even-numbered year occurring at least	16809
~~seventy-five~~eighty-five days after the petition is filed with the	16810
board. If a majority of the electors voting on the question vote	16811
in the affirmative, candidates for election as officers of the	16812
municipal corporation shall thereafter be nominated as candidates	16813
of political parties in primary elections, under division (A) of	16814
this section, unless a change in the manner of nominating persons	16815
as candidates for election as officers of the municipal	16816
corporation is made under division (E) of this section.	16817

(E)(1) The electors in a township or municipal corporation in	16818
which the township or municipal officers are nominated as	16819
candidates of political parties in a primary election may place on	16820
the ballot, in the manner prescribed in division (E)(2) of this	16821
section, the question of changing to the nonpartisan method of	16822
nominating persons as candidates for election as officers of the	16823
township or municipal corporation.	16824

(2) The board of elections of the county within which the	16825
township or municipal corporation is located, or, if the municipal	16826
corporation is located in more than one county, of the county	16827
within which the major portion of the population of the municipal	16828
corporation is located, shall, upon receipt of a petition signed	16829
by electors of the township or municipal corporation equal in	16830
number to at least ten per cent of the vote cast at the most	16831
recent regular township or municipal election, as appropriate,	16832
submit to the electors of the township or municipal corporation,	16833
as appropriate, the question of changing to the nonpartisan method	16834
of nominating persons as candidates for election as officers of	16835
the township or municipal corporation. The ballot language shall	16836
be substantially as follows:	16837

"Shall candidates for election as officers of ............	16838
(name of the township or municipal corporation) in the county of	16839
............ (name of county) be nominated as candidates by	16840
nominating petition and be elected only in a nonpartisan election?	16841

........ yes	16842

........ no"	16843

The question shall appear on the ballot at the next general	16844
election in an even-numbered year occurring at least ~~seventy-five~~	16845
eighty-five days after the petition is filed with the board. If a	16846
majority of electors voting on the question vote in the	16847
affirmative, candidates for officer of the township or municipal	16848
corporation shall thereafter be nominated by nominating petition	16849
and be elected only in a nonpartisan election, unless a change in	16850
the manner of nominating persons as candidates for election as	16851
officers of the township or municipal corporation is made under	16852
division (C) or (D) of this section.	16853

Sec. 3513.02. If, in any odd-numbered year, no valid	16854
declaration of candidacy is filed for nomination as a candidate of	16855
a political party for election to any of the offices to be voted	16856
for at the general election to be held in such year, or if the	16857
number of persons filing such declarations of candidacy for	16858
nominations as candidates of one political party for election to	16859
such offices does not exceed, as to any such office, the number of	16860
candidates which such political party is entitled to nominate as	16861
its candidates for election to such office, then no primary	16862
election shall be held for the purpose of nominating party	16863
candidates of such party for election to offices to be voted for	16864
at such general election and no primary ballots shall be provided	16865
for such party. If, however, the only office for which there are	16866
more valid declarations of candidacy filed than the number to be	16867
nominated by a political party, is the office of ~~councilman~~	16868
councilperson in a ward, a primary election shall be held for such	16869
party only in the ward or wards in which there is a contest, and	16870
only the names of the candidates for the office of ~~councilman~~	16871
councilperson in such ward shall appear on the primary ballot of	16872
such political party.	16873

The election officials whose duty it would have been to	16874
provide for and conduct the holding of such primary election,	16875
declare the results thereof, and issue certificates of nomination	16876
to the persons entitled thereto if such primary election had been	16877
held shall declare each of such persons to be nominated as of the	16878
date of the ~~seventy-fifth~~eighty-fifth day before the primary	16879
election, issue appropriate certificates of nomination to each of	16880
them, and certify their names to the proper election officials, in	16881
order that their names may be printed on the official ballots	16882
provided for use in the succeeding general election in the same	16883
manner as though such primary election had been held and such	16884
persons had been nominated at such election.	16885

Sec. 3513.041. A write-in space shall be provided on the	16886
ballot for every office, except in an election for which the board	16887
of elections has received no valid declarations of intent to be a	16888
write-in candidate under this section. Write-in votes shall not be	16889
counted for any candidate who has not filed a declaration of	16890
intent to be a write-in candidate pursuant to this section. A	16891
qualified person who has filed a declaration of intent may receive	16892
write-in votes at either a primary or general election. Any	16893
candidate shall file a declaration of intent to be a write-in	16894
candidate before four p.m. of the ~~sixty-second~~seventy-second day	16895
preceding the election at which such candidacy is to be	16896
considered. If the election is to be determined by electors of a	16897
county or a district or subdivision within the county, such	16898
declaration shall be filed with the board of elections of that	16899
county. If the election is to be determined by electors of a	16900
subdivision located in more than one county, such declaration	16901
shall be filed with the board of elections of the county in which	16902
the major portion of the population of such subdivision is	16903
located. If the election is to be determined by electors of a	16904
district comprised of more than one county but less than all of	16905
the counties of the state, such declaration shall be filed with	16906
the board of elections of the most populous county in such	16907
district. Any candidate for an office to be voted upon by electors	16908
throughout the entire state shall file a declaration of intent to	16909
be a write-in candidate with the secretary of state before four	16910
p.m. of the ~~sixty-second~~seventy-second day preceding the election	16911
at which such candidacy is to be considered. In addition,	16912
candidates for president and vice-president of the United States	16913
shall also file with the secretary of state by that ~~sixty-second~~	16914
seventy-second day a slate of presidential electors sufficient in	16915
number to satisfy the requirements of the United States	16916
constitution.	16917

A board of elections shall not accept for filing the	16918
declaration of intent to be a write-in candidate of a person	16919
seeking to become a candidate if that person, for the same	16920
election, has already filed a declaration of candidacy, a	16921
declaration of intent to be a write-in candidate, or a nominating	16922
petition, or has become a candidate through party nomination at a	16923
primary election or by the filling of a vacancy under section	16924
3513.30 or 3513.31 of the Revised Code, for any federal, state, or	16925
county office, if the declaration of intent to be a write-in	16926
candidate is for a state or county office, or for any municipal or	16927
township office, for member of a city, local, or exempted village	16928
board of education, or for member of a governing board of an	16929
educational service center, if the declaration of intent to be a	16930
write-in candidate is for a municipal or township office, or for	16931
member of a city, local, or exempted village board of education,	16932
or for member of a governing board of an educational service	16933
center.	16934

No person shall file a declaration of intent to be a write-in	16935
candidate for the office of governor unless the declaration also	16936
shows the intent of another person to be a write-in candidate for	16937
the office of lieutenant governor. No person shall file a	16938
declaration of intent to be a write-in candidate for the office of	16939
lieutenant governor unless the declaration also shows the intent	16940
of another person to be a write-in candidate for the office of	16941
governor. No person shall file a declaration of intent to be a	16942
write-in candidate for the office of governor or lieutenant	16943
governor if the person has previously filed a declaration of	16944
intent to be a write-in candidate to the office of governor or	16945
lieutenant governor at the same primary or general election. A	16946
write-in vote for the two candidates who file such a declaration	16947
shall be counted as a vote for them as joint candidates for the	16948
offices of governor and lieutenant governor.	16949

The secretary of state shall not accept for filing the	16950
declaration of intent to be a write-in candidate of a person for	16951
the office of governor unless the declaration also shows the	16952
intent of another person to be a write-in candidate for the office	16953
of lieutenant governor, shall not accept for filing the	16954
declaration of intent to be a write-in candidate of a person for	16955
the office of lieutenant governor unless the declaration also	16956
shows the intent of another person to be a write-in candidate for	16957
the office of governor, and shall not accept for filing the	16958
declaration of intent to be a write-in candidate of a person to	16959
the office of governor or lieutenant governor if that person, for	16960
the same election, has already filed a declaration of candidacy, a	16961
declaration of intent to be a write-in candidate, or a nominating	16962
petition, or has become a candidate through party nomination at a	16963
primary election or by the filling of a vacancy under section	16964
3513.30 or 3513.31 of the Revised Code, for any other state office	16965
or any federal or county office.	16966

Protests against the candidacy of any person filing a	16967
declaration of intent to be a write-in candidate may be filed by	16968
any qualified elector who is eligible to vote in the election at	16969
which the candidacy is to be considered. The protest shall be in	16970
writing and shall be filed not later than four p.m. of the	16971
~~fifty-seventh~~sixty-seventh day before the day of the election.	16972
The protest shall be filed with the board of elections with which	16973
the declaration of intent to be a write-in candidate was filed.	16974
Upon the filing of the protest, the board with which it is filed	16975
shall promptly fix the time for hearing it and shall proceed in	16976
regard to the hearing in the same manner as for hearings set for	16977
protests filed under section 3513.05 of the Revised Code. At the	16978
time fixed, the board shall hear the protest and determine the	16979
validity or invalidity of the declaration of intent to be a	16980
write-in candidate. If the board finds that the candidate is not	16981
an elector of the state, district, county, or political	16982
subdivision in which the candidate seeks election to office or has	16983
not fully complied with the requirements of Title XXXV of the	16984
Revised Code in regard to the candidate's candidacy, the	16985
candidate's declaration of intent to be a write-in candidate shall	16986
be determined to be invalid and shall be rejected; otherwise, it	16987
shall be determined to be valid. The determination of the board is	16988
final.	16989

The secretary of state shall prescribe the form of the	16990
declaration of intent to be a write-in candidate.	16991

Sec. 3513.05. Each person desiring to become a candidate for	16992
a party nomination or for election to an office or position to be	16993
voted for at a primary election, except persons desiring to become	16994
joint candidates for the offices of governor and lieutenant	16995
governor and except as otherwise provided in section 3513.051 of	16996
the Revised Code, shall, not later than four p.m. of the	16997
~~seventy-fifth~~eighty-fifth day before the day of the primary	16998
election, ~~or if the primary election is a presidential primary~~	16999
~~election, not later than four p.m. of the sixtieth day before the~~	17000
~~day of the presidential primary election,~~ file a declaration of	17001
candidacy and petition and pay the fees required under divisions	17002
(A) and (B) of section 3513.10 of the Revised Code. The	17003
declaration of candidacy and all separate petition papers shall	17004
be filed at the same time as one instrument. When the offices are	17005
to be voted for at a primary election, persons desiring to become	17006
joint candidates for the offices of governor and lieutenant	17007
governor shall, not later than four p.m. of the ~~seventy-fifth~~	17008
eighty-fifth day before the day of the primary election, comply	17009
with section 3513.04 of the Revised Code. The prospective joint	17010
candidates' declaration of candidacy and all separate petition	17011
papers of candidacies shall be filed at the same time as one	17012
instrument. The secretary of state or a board of elections shall	17013
not accept for filing a declaration of candidacy and petition of	17014
a person seeking to become a candidate if that person, for the	17015
same election, has already filed a declaration of candidacy or a	17016
declaration of intent to be a write-in candidate, or has become a	17017
candidate by the filling of a vacancy under section 3513.30 of	17018
the Revised Code for any federal, state, or county office, if	17019
the declaration of candidacy is for a state or county office, or	17020
for any municipal or township office, if the declaration of	17021
candidacy is for a municipal or township office.	17022

If the declaration of candidacy declares a candidacy which is	17023
to be submitted to electors throughout the entire state, the	17024
petition, including a petition for joint candidates for the	17025
offices of governor and lieutenant governor, shall be signed by at	17026
least one thousand qualified electors who are members of the same	17027
political party as the candidate or joint candidates, and the	17028
declaration of candidacy and petition shall be filed with the	17029
secretary of state; provided that the secretary of state shall not	17030
accept or file any such petition appearing on its face to contain	17031
signatures of more than three thousand electors.	17032

Except as otherwise provided in this paragraph, if the	17033
declaration of candidacy is of one that is to be submitted only to	17034
electors within a district, political subdivision, or portion	17035
thereof, the petition shall be signed by not less than fifty	17036
qualified electors who are members of the same political party as	17037
the political party of which the candidate is a member. If the	17038
declaration of candidacy is for party nomination as a candidate	17039
for member of the legislative authority of a municipal corporation	17040
elected by ward, the petition shall be signed by not less than	17041
twenty-five qualified electors who are members of the political	17042
party of which the candidate is a member.	17043

No such petition, except the petition for a candidacy that is	17044
to be submitted to electors throughout the entire state, shall be	17045
accepted for filing if it appears to contain on its face	17046
signatures of more than three times the minimum number of	17047
signatures. When a petition of a candidate has been accepted for	17048
filing by a board of elections, the petition shall not be deemed	17049
invalid if, upon verification of signatures contained in the	17050
petition, the board of elections finds the number of signatures	17051
accepted exceeds three times the minimum number of signatures	17052
required. A board of elections may discontinue verifying	17053
signatures on petitions when the number of verified signatures	17054
equals the minimum required number of qualified signatures.	17055

If the declaration of candidacy declares a candidacy for	17056
party nomination or for election as a candidate of ~~an intermediate~~	17057
ora minor party, the minimum number of signatures on such	17058
petition is one-half the minimum number provided in this section,	17059
except that, when the candidacy is one for election as a member of	17060
the state central committee or the county central committee of a	17061
political party, the minimum number shall be the same for an	17062
~~intermediate or~~a minor party as for a major party.	17063

If a declaration of candidacy is one for election as a member	17064
of the state central committee or the county central committee of	17065
a political party, the petition shall be signed by five qualified	17066
electors of the district, county, ward, township, or precinct	17067
within which electors may vote for such candidate. The electors	17068
signing such petition shall be members of the same political party	17069
as the political party of which the candidate is a member.	17070

For purposes of signing or circulating a petition of	17071
candidacy for party nomination or election, an elector is	17072
considered to be a member of a political party if the elector	17073
voted in that party's primary election within the preceding two	17074
calendar years, or if the elector did not vote in any other	17075
party's primary election within the preceding two calendar years.	17076

If the declaration of candidacy is of one that is to be	17077
submitted only to electors within a county, or within a district	17078
or subdivision or part thereof smaller than a county, the petition	17079
shall be filed with the board of elections of the county. If the	17080
declaration of candidacy is of one that is to be submitted only to	17081
electors of a district or subdivision or part thereof that is	17082
situated in more than one county, the petition shall be filed with	17083
the board of elections of the county within which the major	17084
portion of the population thereof, as ascertained by the next	17085
preceding federal census, is located.	17086

A petition shall consist of separate petition papers, each of	17087
which shall contain signatures of electors of only one county.	17088
Petitions or separate petition papers containing signatures of	17089
electors of more than one county shall not thereby be declared	17090
invalid. In case petitions or separate petition papers containing	17091
signatures of electors of more than one county are filed, the	17092
board shall determine the county from which the majority of	17093
signatures came, and only signatures from such county shall be	17094
counted. Signatures from any other county shall be invalid.	17095

Each separate petition paper shall be circulated by one	17096
person only, who shall be the candidate or a joint candidate or a	17097
member of the same political party as the candidate or joint	17098
candidates, and each separate petition paper shall be governed by	17099
the rules set forth in section 3501.38 of the Revised Code.	17100

The secretary of state shall promptly transmit to each board	17101
such separate petition papers of each petition accompanying a	17102
declaration of candidacy filed with the secretary of state as	17103
purport to contain signatures of electors of the county of such	17104
board. The board of the most populous county of a district shall	17105
promptly transmit to each board within such district such separate	17106
petition papers of each petition accompanying a declaration of	17107
candidacy filed with it as purport to contain signatures of	17108
electors of the county of each such board. The board of a county	17109
within which the major portion of the population of a subdivision,	17110
situated in more than one county, is located, shall promptly	17111
transmit to the board of each other county within which a portion	17112
of such subdivision is located such separate petition papers of	17113
each petition accompanying a declaration of candidacy filed with	17114
it as purport to contain signatures of electors of the portion of	17115
such subdivision in the county of each such board.	17116

All petition papers so transmitted to a board and all	17117
petitions accompanying declarations of candidacy filed with a	17118
board shall, under proper regulations, be open to public	17119
inspection until four p.m. of the ~~seventieth~~eightieth day before	17120
the day of the next primary election~~, or if that next primary~~	17121
~~election is a presidential primary election, the fifty-fifth day~~	17122
~~before that presidential primary election~~. Each board shall, not	17123
later than the ~~sixty-eighth~~seventy-eighth day before the day of	17124
that primary election, ~~or if the primary election is a~~	17125
~~presidential primary election, not later than the fifty-third day~~	17126
~~before such presidential primary election,~~ examine and determine	17127
the validity or invalidity of the signatures on the petition	17128
papers so transmitted to or filed with it and shall return to the	17129
secretary of state all petition papers transmitted to it by the	17130
secretary of state, together with its certification of its	17131
determination as to the validity or invalidity of signatures	17132
thereon, and shall return to each other board all petition papers	17133
transmitted to it by such board, together with its certification	17134
of its determination as to the validity or invalidity of the	17135
signatures thereon. All other matters affecting the validity or	17136
invalidity of such petition papers shall be determined by the	17137
secretary of state or the board with whom such petition papers	17138
were filed.	17139

Protests against the candidacy of any person filing a	17140
declaration of candidacy for party nomination or for election to	17141
an office or position, as provided in this section, may be filed	17142
by any qualified elector who is a member of the same political	17143
party as the candidate and who is eligible to vote at the primary	17144
election for the candidate whose declaration of candidacy the	17145
elector objects to, or by the controlling committee of that	17146
political party. The protest shall be in writing, and shall be	17147
filed not later than four p.m. of the ~~sixty-fourth~~seventy-fourth	17148
day before the day of the primary election~~, or if the primary~~	17149
~~election is a presidential primary election, not later than four~~	17150
~~p.m. of the forty-ninth day before the day of the presidential~~	17151
~~primary election~~. The protest shall be filed with the election	17152
officials with whom the declaration of candidacy and petition	17153
was filed. Upon the filing of the protest, the election	17154
officials with whom it is filed shall promptly fix the time for	17155
hearing it, and shall forthwith mail notice of the filing of the	17156
protest and the time fixed for hearing to the person whose	17157
candidacy is so protested. They shall also forthwith mail notice	17158
of the time fixed for such hearing to the person who filed the	17159
protest. At the time fixed, such election officials shall hear	17160
the protest and determine the validity or invalidity of the	17161
declaration of candidacy and petition. If they find that such	17162
candidate is not an elector of the state, district, county, or	17163
political subdivision in which the candidate seeks a party	17164
nomination or election to an office or position, or has not fully	17165
complied with this chapter, the candidate's declaration of	17166
candidacy and petition shall be determined to be invalid and	17167
shall be rejected; otherwise, it shall be determined to be	17168
valid. That determination shall be final.	17169

A protest against the candidacy of any persons filing a	17170
declaration of candidacy for joint party nomination to the offices	17171
of governor and lieutenant governor shall be filed, heard, and	17172
determined in the same manner as a protest against the candidacy	17173
of any person filing a declaration of candidacy singly.	17174

The secretary of state shall, on the ~~sixtieth~~seventieth day	17175
before the day of a primary election, ~~or if the primary election~~	17176
~~is a presidential primary election, on the forty-fifth day before~~	17177
~~the day of the presidential primary election,~~ certify to each	17178
board in the state the forms of the official ballots to be used	17179
at the primary election, together with the names of the	17180
candidates to be printed on the ballots whose nomination or	17181
election is to be determined by electors throughout the entire	17182
state and who filed valid declarations of candidacy and	17183
petitions.	17184

The board of the most populous county in a district comprised	17185
of more than one county but less than all of the counties of the	17186
state shall, on the ~~sixtieth~~seventieth day before the day of a	17187
primary election, ~~or if the primary election is a presidential~~	17188
~~primary election, on the forty-fifth day before the day of a~~	17189
~~presidential primary election,~~ certify to the board of each	17190
county in the district the names of the candidates to be printed	17191
on the official ballots to be used at the primary election, whose	17192
nomination or election is to be determined only by electors	17193
within the district and who filed valid declarations of candidacy	17194
and petitions.	17195

The board of a county within which the major portion of the	17196
population of a subdivision smaller than the county and situated	17197
in more than one county is located shall, on the ~~sixtieth~~	17198
seventieth day before the day of a primary election, ~~or if the~~	17199
~~primary election is a presidential primary election, on the~~	17200
~~forty-fifth day before the day of a presidential primary~~	17201
~~election,~~ certify to the board of each county in which a portion	17202
of that subdivision is located the names of the candidates to be	17203
printed on the official ballots to be used at the primary	17204
election, whose nomination or election is to be determined only	17205
by electors within that subdivision and who filed valid	17206
declarations of candidacy and petitions.	17207

Sec. 3513.052. (A) No person shall seek nomination or	17208
election to any of the following offices or positions at the same	17209
election by filing a declaration of candidacy and petition, a	17210
declaration of intent to be a write-in candidate, or a nominating	17211
petition, or by becoming a candidate through party nomination in a	17212
primary election, or by the filling of a vacancy under section	17213
3513.30 or 3513.31 of the Revised Code:	17214

(1) Two or more state offices;

17215

(2) Two or more county offices;

17216

(3) A state office and a county office;

17217

(4) A federal office and a state or county office;

17218

(5) Any combination of two or more municipal or township	17219
offices, positions as a member of a city, local, or exempted	17220
village board of education, or positions as a member of a	17221
governing board of an educational service center.	17222

(B) The secretary of state or a board of elections shall not	17223
accept for filing a declaration of candidacy and petition, a	17224
declaration of intent to be a write-in candidate, or a nominating	17225
petition of a person seeking to become a candidate if that person,	17226
for the same election, has already filed a declaration of	17227
candidacy, a declaration of intent to be a write-in candidate, or	17228
a nominating petition, or has become a candidate through party	17229
nomination at a primary election or by the filling of a vacancy	17230
under section 3513.30 or 3513.31 of the Revised Code for:	17231

(1) Any federal, state, or county office, if the declaration	17232
of candidacy, declaration of intent to be a write-in candidate, or	17233
nominating petition is for a state or county office;	17234

(2) Any municipal or township office, or for member of a	17235
city, local, or exempted village board of education, or for member	17236
of a governing board of an educational service center, if the	17237
declaration of candidacy, declaration of intent to be a write-in	17238
candidate, or nominating petition is for a municipal or township	17239
office, or for member of a city, local, or exempted village board	17240
of education, or for member of a governing board of an educational	17241
service center.	17242

(C)(1) If the secretary of state determines, before the day	17243
of the primary election, that a person is seeking nomination to	17244
more than one office at that election in violation of division (A)	17245
of this section, the secretary of state shall do one of the	17246
following:	17247

(a) If each office or the district for each office for which	17248
the person is seeking nomination is wholly within a single county	17249
and none of those offices is a federal office, the secretary of	17250
state shall notify the board of elections of that county. The	17251
board then shall determine the date on which the person first	17252
sought to become a candidate for each of those offices by filing a	17253
declaration of candidacy or a declaration of intent to be a	17254
write-in candidate or by the filling of a vacancy under section	17255
3513.30 of the Revised Code. The board shall vote promptly to	17256
disqualify that person as a candidate for each office for which	17257
the person sought to become a candidate after the date on which	17258
the person first sought to become a candidate for any of those	17259
offices. If the board determines that the person sought to become	17260
a candidate for more than one of those offices on the same date,	17261
the board shall vote promptly to disqualify that person as a	17262
candidate for each office that would be listed on the ballot below	17263
the highest office for which that person seeks nomination,	17264
according to the ballot order prescribed under section 3505.03 of	17265
the Revised Code.	17266

(b) If one or more of the offices for which the person is	17267
seeking nomination is a state office or an office with a district	17268
larger than a single county and none of the offices for which the	17269
person is seeking nomination is a federal office, the secretary of	17270
state shall determine the date on which the person first sought to	17271
become a candidate for each of those offices by filing a	17272
declaration of candidacy or a declaration of intent to be a	17273
write-in candidate or by the filling of a vacancy under section	17274
3513.30 of the Revised Code. The secretary of state shall order	17275
the board of elections of each county in which the person is	17276
seeking to appear on the ballot to disqualify that person as a	17277
candidate for each office for which the person sought to become a	17278
candidate after the date on which the person first sought to	17279
become a candidate for any of those offices. If the secretary of	17280
state determines that the person sought to become a candidate for	17281
more than one of those offices on the same date, the secretary of	17282
state shall order the board of elections of each county in which	17283
the person is seeking to appear on the ballot to disqualify that	17284
person as a candidate for each office that would be listed on the	17285
ballot below the highest office for which that person seeks	17286
nomination, according to the ballot order prescribed under section	17287
3505.03 of the Revised Code. Each board of elections so notified	17288
shall vote promptly to disqualify the person as a candidate in	17289
accordance with the order of the secretary of state.	17290

(c) If each office or the district for each office for which	17291
the person is seeking nomination is wholly within a single county	17292
and any of those offices is a federal office, the secretary of	17293
state shall notify the board of elections of that county. The	17294
board then shall vote promptly to disqualify that person as a	17295
candidate for each office that is not a federal office.	17296

(d) If one or more of the offices for which the person is	17297
seeking nomination is a state office and any of the offices for	17298
which the person is seeking nomination is a federal office, the	17299
secretary of state shall order the board of elections of each	17300
county in which the person is seeking to appear on the ballot to	17301
disqualify that person as a candidate for each office that is not	17302
a federal office. Each board of elections so notified shall vote	17303
promptly to disqualify the person as a candidate in accordance	17304
with the order of the secretary of state.	17305

(2) If a board of elections determines, before the day of the	17306
primary election, that a person is seeking nomination to more than	17307
one office at that election in violation of division (A) of this	17308
section, the board shall do one of the following:	17309

(a) If each office or the district for each office for which	17310
the person is seeking nomination is wholly within that county and	17311
none of those offices is a federal office, the board shall	17312
determine the date on which the person first sought to become a	17313
candidate for each of those offices by filing a declaration of	17314
candidacy or a declaration of intent to be a write-in candidate or	17315
by the filling of a vacancy under section 3513.30 of the Revised	17316
Code. The board shall vote promptly to disqualify that person as a	17317
candidate for each office for which the person sought to become a	17318
candidate after the date on which the person first sought to	17319
become a candidate for any of those offices. If the board	17320
determines that the person sought to become a candidate for more	17321
than one of those offices on the same date, the board shall vote	17322
promptly to disqualify that person as a candidate for each office	17323
that would be listed on the ballot below the highest office for	17324
which that person seeks nomination, according to the ballot order	17325
prescribed under section 3505.03 of the Revised Code.	17326

(b) If one or more of the offices for which the person is	17327
seeking nomination is a state office or an office with a district	17328
larger than a single county and none of the offices for which the	17329
person is seeking nomination is a federal office, the board shall	17330
notify the secretary of state. The secretary of state then shall	17331
determine the date on which the person first sought to become a	17332
candidate for each of those offices by filing a declaration of	17333
candidacy or a declaration of intent to be a write-in candidate or	17334
by the filling of a vacancy under section 3513.30 of the Revised	17335
Code. The secretary of state shall order the board of elections of	17336
each county in which the person is seeking to appear on the ballot	17337
to disqualify that person as a candidate for each office for which	17338
the person sought to become a candidate after the date on which	17339
the person first sought to become a candidate for any of those	17340
offices. If the secretary of state determines that the person	17341
sought to become a candidate for more than one of those offices on	17342
the same date, the secretary of state shall order the board of	17343
elections of each county in which the person is seeking to appear	17344
on the ballot to disqualify that person as a candidate for each	17345
office that would be listed on the ballot below the highest office	17346
for which that person seeks nomination, according to the ballot	17347
order prescribed under section 3505.03 of the Revised Code. Each	17348
board of elections so notified shall vote promptly to disqualify	17349
the person as a candidate in accordance with the order of the	17350
secretary of state.	17351

(c) If each office or the district for each office for which	17352
the person is seeking nomination is wholly within a single county	17353
and any of those offices is a federal office, the board shall vote	17354
promptly to disqualify that person as a candidate for each office	17355
that is not a federal office.	17356

(d) If one or more of the offices for which the person is	17357
seeking nomination is a state office and any of the offices for	17358
which the person is seeking nomination is a federal office, the	17359
board shall notify the secretary of state. The secretary of state	17360
then shall order the board of elections of each county in which	17361
the person is seeking to appear on the ballot to disqualify that	17362
person as a candidate for each office that is not a federal	17363
office. Each board of elections so notified shall vote promptly to	17364
disqualify the person as a candidate in accordance with the order	17365
of the secretary of state.	17366

(D)(1) If the secretary of state determines, after the day of	17367
the primary election and before the day of the general election,	17368
that a person is seeking election to more than one office at that	17369
election in violation of division (A) of this section, the	17370
secretary of state shall do one of the following:	17371

(a) If each office or the district for each office for which	17372
the person is seeking election is wholly within a single county	17373
and none of those offices is a federal office, the secretary of	17374
state shall notify the board of elections of that county. The	17375
board then shall determine the offices for which the person seeks	17376
to appear as a candidate on the ballot. The board shall vote	17377
promptly to disqualify that person as a candidate for each office	17378
that would be listed on the ballot below the highest office for	17379
which that person seeks election, according to the ballot order	17380
prescribed under section 3505.03 of the Revised Code. If the	17381
person sought nomination at a primary election and has not yet	17382
been issued a certificate of nomination, the board shall not issue	17383
that certificate for that person for any office that would be	17384
listed on the ballot below the highest office for which that	17385
person seeks election, according to the ballot order prescribed	17386
under section 3505.03 of the Revised Code.	17387

(b) If one or more of the offices for which the person is	17388
seeking election is a state office or an office with a district	17389
larger than a single county and none of the offices for which the	17390
person is seeking election is a federal office, the secretary of	17391
state shall promptly investigate and determine the offices for	17392
which the person seeks to appear as a candidate on the ballot. The	17393
secretary of state shall order the board of elections of each	17394
county in which the person is seeking to appear on the ballot to	17395
disqualify that person as a candidate for each office that would	17396
be listed on the ballot below the highest office for which that	17397
person seeks election, according to the ballot order prescribed	17398
under section 3505.03 of the Revised Code. Each board of elections	17399
so notified shall vote promptly to disqualify the person as a	17400
candidate in accordance with the order of the secretary of state.	17401
If the person sought nomination at a primary election and has not	17402
yet been issued a certificate of nomination, the board shall not	17403
issue that certificate for that person for any office that would	17404
be listed on the ballot below the highest office for which that	17405
person seeks election, according to the ballot order prescribed	17406
under section 3505.03 of the Revised Code.	17407

(c) If each office or the district for each office for which	17408
the person is seeking election is wholly within a single county	17409
and any of those offices is a federal office, the secretary of	17410
state shall notify the board of elections of that county. The	17411
board then shall vote promptly to disqualify that person as a	17412
candidate for each office that is not a federal office. If the	17413
person sought nomination at a primary election and has not yet	17414
been issued a certificate of nomination, the board shall not issue	17415
that certificate for that person for any office that is not a	17416
federal office.	17417

(d) If one or more of the offices for which the person is	17418
seeking election is a state office and any of the offices for	17419
which the person is seeking election is a federal office, the	17420
secretary of state shall order the board of elections of each	17421
county in which the person is seeking to appear on the ballot to	17422
disqualify that person as a candidate for each office that is not	17423
a federal office. Each board of elections so notified shall vote	17424
promptly to disqualify the person as a candidate in accordance	17425
with the order of the secretary of state. If the person sought	17426
nomination at a primary election and has not yet been issued a	17427
certificate of nomination, the board shall not issue that	17428
certificate for that person for any office that is not a federal	17429
office.	17430

(2) If a board of elections determines, after the day of the	17431
primary election and before the day of the general election, that	17432
a person is seeking election to more than one office at that	17433
election in violation of division (A) of this section, the board	17434
of elections shall do one of the following:	17435

(a) If each office or the district for each office for which	17436
the person is seeking election is wholly within that county and	17437
none of those offices is a federal office, the board shall	17438
determine the offices for which the person seeks to appear as a	17439
candidate on the ballot. The board shall vote promptly to	17440
disqualify that person as a candidate for each office that would	17441
be listed on the ballot below the highest office for which that	17442
person seeks election, according to the ballot order prescribed	17443
under section 3505.03 of the Revised Code. If the person sought	17444
nomination at a primary election and has not yet been issued a	17445
certificate of nomination, the board shall not issue that	17446
certificate for that person for any office that would be listed on	17447
the ballot below the highest office for which that person seeks	17448
election, according to the ballot order prescribed under section	17449
3505.03 of the Revised Code.	17450

(b) If one or more of the offices for which the person is	17451
seeking election is a state office or an office with a district	17452
larger than a single county and none of the offices for which the	17453
person is seeking election is a federal office, the board shall	17454
notify the secretary of state. The secretary of state promptly	17455
shall investigate and determine the offices for which the person	17456
seeks to appear as a candidate on the ballot. The secretary of	17457
state shall order the board of elections of each county in which	17458
the person is seeking to appear on the ballot to disqualify that	17459
person as a candidate for each office that would be listed on the	17460
ballot below the highest office for which that person seeks	17461
election, according to the ballot order prescribed under section	17462
3505.03 of the Revised Code. Each board of elections so notified	17463
shall vote promptly to disqualify the person as a candidate in	17464
accordance with the order of the secretary of state. If the person	17465
sought nomination at a primary election and has not yet been	17466
issued a certificate of nomination, the board shall not issue that	17467
certificate for that person for any office that would be listed on	17468
the ballot below the highest office for which that person seeks	17469
election, according to the ballot order prescribed under section	17470
3505.03 of the Revised Code.	17471

(c) If each office or the district for each office for which	17472
the person is seeking election is wholly within that county and	17473
any of those offices is a federal office, the board shall vote	17474
promptly to disqualify that person as a candidate for each office	17475
that is not a federal office. If the person sought nomination at a	17476
primary election and has not yet been issued a certificate of	17477
nomination, the board shall not issue that certificate for that	17478
person for any office that is not a federal office.	17479

(d) If one or more of the offices for which the person is	17480
seeking election is a state office and any of the offices for	17481
which the person is seeking election is a federal office, the	17482
board shall notify the secretary of state. The secretary of state	17483
shall order the board of elections of each county in which the	17484
person is seeking to appear on the ballot to disqualify that	17485
person as a candidate for each office that is not a federal	17486
office. Each board of elections so notified shall vote promptly to	17487
disqualify the person as a candidate in accordance with the order	17488
of the secretary of state. If the person sought nomination at a	17489
primary election and has not yet been issued a certificate of	17490
nomination, the board shall not issue that certificate for that	17491
person for any office that is not a federal office.	17492

(E) When a person is disqualified as a candidate under	17493
division (C) or (D) of this section, on or before the ~~sixtieth~~	17494
seventieth day before the day of the applicable election, ~~or, if~~	17495
~~the election is a presidential primary election, on or before the~~	17496
~~forty-fifth day before the day of the presidential primary~~	17497
~~election,~~ the board of elections shall remove the person's name	17498
from the ballot for any office for which that person has been	17499
disqualified as a candidate according to the directions of the	17500
secretary of state. When a person is disqualified as a candidate	17501
under division (C) or (D) of this section after the ~~sixtieth~~	17502
seventieth day before the day of the applicable election, ~~or, if~~	17503
~~the election is a presidential primary election, after the~~	17504
~~forty-fifth day before the day of the presidential primary~~	17505
~~election,~~ the board of elections shall not remove the person's	17506
name from the ballot for any office for which that person has been	17507
disqualified as a candidate. The board of elections shall post a	17508
notice at each polling location on the day of the applicable	17509
election, and shall enclose with each absent voter's ballot given	17510
or mailed after the candidate is disqualified, a notice that votes	17511
for the person for the office for which the person has been	17512
disqualified as a candidate will be void and will not be counted.	17513
If the name is not removed from the ballots before the day of the	17514
election, the votes for the disqualified candidate are void and	17515
shall not be counted.	17516

(F) Any vacancy created by the disqualification of a person	17517
as a candidate under division (C) or (D) of this section may be	17518
filled in the manner provided for in sections 3513.30 and 3513.31	17519
of the Revised Code.	17520

(G) Nothing in this section or section 3513.04, 3513.041,	17521
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,	17522
3513.259, or 3513.261 of the Revised Code prohibits, and the	17523
secretary of state or a board of elections shall not disqualify, a	17524
person from being a candidate for an office, if that person timely	17525
withdraws as a candidate for any offices specified in division (A)	17526
of this section for which that person first sought to become a	17527
candidate by filing a declaration of candidacy and petition, a	17528
declaration of intent to be a write-in candidate, or a nominating	17529
petition, by party nomination in a primary election, or by the	17530
filling of a vacancy under section 3513.30 or 3513.31 of the	17531
Revised Code.	17532

(H) As used in this section:

17533

(1) "State office" means the offices of governor, lieutenant	17534
governor, secretary of state, auditor of state, treasurer of	17535
state, attorney general, member of the state board of education,	17536
member of the general assembly, chief justice of the supreme	17537
court, and justice of the supreme court.	17538

(2) "Timely withdraws" means either of the following:

17539

(a) Withdrawing as a candidate before the applicable deadline	17540
for filing a declaration of candidacy, declaration of intent to be	17541
a write-in candidate, or nominating petition for the subsequent	17542
office for which the person is seeking to become a candidate at	17543
the same election;	17544

(b) Withdrawing as a candidate before the applicable deadline	17545
for the filling of a vacancy under section 3513.30 or 3513.31 of	17546
the Revised Code, if the person is seeking to become a candidate	17547
for a subsequent office at the same election under either of those	17548
sections.	17549

Sec. 3513.121. (A) Any candidate for the presidency of the	17550
United States who is eligible to receive payments under the	17551
"Presidential Primary Matching Payment Account Act," 88 Stat. 1297	17552
(1974), 26 U.S.C.A. 9031, et seq., as amended, may file with the	17553
secretary of state a declaration of candidacy not later than four	17554
p.m. of the ~~sixtieth~~eighty-fifth day before the presidential	17555
primary election held in the same year the candidate is eligible	17556
to receive such payments. The candidate shall indicate on ~~his~~the	17557
candidate's declaration of candidacy the congressional districts	17558
in this state where ~~his~~the candidate's candidacy is to be	17559
submitted to the electors. Any candidate who files a declaration	17560
of candidacy pursuant to this division shall also file, or shall	17561
cause to be filed by a person authorized in writing to represent	17562
~~him~~the candidate, not later than four p.m. of the ~~sixtieth~~	17563
eighty-fifth day before the same primary election, a list of	17564
candidates for district delegate and alternate to the national	17565
convention of ~~his~~the candidate's political party who have been	17566
selected in accordance with rules adopted by the state central	17567
committee of ~~his~~the candidate's political party. The candidates	17568
for district delegate and alternate whose names appear on this	17569
list shall be represented on the ballot in accordance with section	17570
3513.151 of the Revised Code in every congressional district that	17571
the presidential candidate named in ~~his~~the presidential	17572
candidate's declaration of candidacy, provided that such	17573
candidates meet the other requirements of this section.	17574

(B) Candidates for delegate at large and alternate at large	17575
to the national convention of a political party for a presidential	17576
candidate who submits a declaration of candidacy in accordance	17577
with division (A) of this section shall be selected in accordance	17578
with rules adopted by the state central committee of the	17579
presidential candidate's political party.	17580

(C) Each candidate for district delegate and alternate to the	17581
national convention of a political party selected pursuant to	17582
division (A) of this section shall file or shall cause to be filed	17583
with the secretary of state, not later than four p.m. of the	17584
~~sixtieth~~eighty-fifth day before the presidential primary election	17585
in which hethe person is a candidate, both of the following:	17586

(1) A declaration of candidacy in the form prescribed in	17587
section 3513.07 of the Revised Code, but not the petition	17588
prescribed in that section;	17589

(2) A statement in writing signed by the candidate in which	17590
hethe candidate states ~~his~~the candidate's first and second	17591
choices for nomination as the candidate of ~~his~~the candidate's	17592
party for the presidency of the United States.	17593

(D) A declaration of candidacy filed pursuant to division (A)	17594
of this section shall be in substantially the form prescribed in	17595
section 3513.07 of the Revised Code except that the secretary of	17596
state shall modify that form to include spaces for a presidential	17597
candidate to indicate in which congressional districts hethe	17598
candidate wishes ~~his~~the candidate's candidacy to be submitted to	17599
the electors and shall modify it in any other ways necessary to	17600
adapt it to use by presidential candidates. A candidate who files	17601
a declaration of candidacy pursuant to division (A) of this	17602
section shall not file the petition prescribed in section 3513.07	17603
of the Revised Code.	17604

(E) Section 3513.151 of the Revised Code applies in regard to	17605
candidates for delegate and alternate to the national convention	17606
of a political party selected pursuant to this section. The state	17607
central committee of the political party of any presidential	17608
candidate who files a declaration of candidacy pursuant to	17609
division (A) of this section shall file with the secretary of	17610
state the rules of its political party in accordance with division	17611
(E) of section 3513.151 of the Revised Code.	17612

(F) The procedures for the selection of candidates for	17613
delegate and alternate to the national convention of a political	17614
party set forth in this section and in section 3513.12 of the	17615
Revised Code are alternative procedures, and if the procedures of	17616
this section are followed, the procedures of section 3513.12 of	17617
the Revised Code need not be followed.	17618

Sec. 3513.122. Political parties shall be eligible to elect	17619
delegates and alternates to national conventions or conferences of	17620
their respective political parties, other than conventions	17621
provided for in section 3513.12 of the Revised Code, if they	17622
notify the secretary of state that they will elect such delegates.	17623
Such notification must be made prior to the ~~ninetieth~~one	17624
hundredth day before the day of the primary election which occurs	17625
in any year at which national convention or conference delegates	17626
and alternates are elected.	17627

Petitions of candidacy for such delegates shall be filed in	17628
the form and manner provided by the secretary of state.	17629

Any political party electing delegates to a national	17630
convention or conference under this section in an odd-numbered	17631
year in which a statewide primary election is not otherwise	17632
required shall pay all expenses of that election.	17633

Sec. 3513.151. (A) Candidates for delegate and alternate to	17634
the national convention of a political party shall be represented	17635
on the ballot, or their names shall appear on the ballot, in	17636
accordance with this section, but only in a manner that enables an	17637
elector to record the vote in the space provided for it by the	17638
name of the first choice for president so that the recording of	17639
the vote is counted as a vote cast for each candidate for delegate	17640
or alternate who has declared such person as that candidate's	17641
first choice for president.	17642

(B) The names of candidates for delegate at large and	17643
alternate at large to the national convention of a political party	17644
shall not appear on the ballot. Such candidates shall be	17645
represented on the ballot by their stated first choice for	17646
president.	17647

(C) The state central committee of each major political	17648
party, through its chairperson, not later than ~~sixty~~eighty-five	17649
days prior to the date of the presidential primary election, shall	17650
file with the secretary of state a statement that stipulates, in	17651
accordance with rules adopted by each state central committee at	17652
a meeting open to all members of the committee's party, whether	17653
or not the names of candidates for district delegate and district	17654
alternate to the national convention of that ~~chairpersons's~~	17655
chairperson's party are to be printed on the ballot. The	17656
secretary of state shall prescribe the form of the ballot for	17657
the election of district delegates and district alternates of	17658
each political party in accordance with such statement. If the	17659
state central committee of a political party fails to so provide	17660
such statement, the secretary of state shall prescribe a form of	17661
ballot on which the names of candidates for delegate and	17662
alternate to such national convention do not appear on the	17663
ballot. Only the names of the presidential first choices of such	17664
candidates for delegates and alternates shall appear on the	17665
ballot. If only the names of presidential first choices are	17666
printed, the ballot shall provide the opportunity for an elector	17667
to record the vote in the appropriate space provided beside such	17668
names and such a vote cast shall be counted as a vote for each	17669
candidate for delegate and alternate who has declared such person	17670
as that candidate's first choice for president.	17671

If the number of candidates for district delegate or for	17672
district alternate to the national convention of a political party	17673
exceeds the number to be elected, the names of such candidates,	17674
when required to appear on the ballot, shall not be rotated, but	17675
shall be printed in a group on the ballot in alphabetical order	17676
immediately below or beside first choice for president. This form	17677
of the ballot shall be prescribed by the secretary so that the	17678
recording of the vote in the space provided beside the name of	17679
such choice for president shall be a vote for each candidate whose	17680
name is included in the grouping.	17681

(D) Candidates, grouped by first choice for president, shall	17682
be rotated in the same manner as though each grouping were a	17683
separate candidate. As many series of ballots shall be printed as	17684
the number of groups to be rotated, with the total number of	17685
ballots to be printed divided by the number of series to be	17686
printed in order to determine the number of ballots to be printed	17687
of each series. On the first series of ballots, the candidates	17688
shall be alphabetically grouped by their first choice for	17689
president. On each succeeding series, the group of candidates that	17690
was the first in the preceding series shall be last and each of	17691
the other groups shall be moved up one place. The ballots shall be	17692
rotated and printed as provided in section 3505.03 of the Revised	17693
Code, except that no indication of membership in or affiliation	17694
with a political party shall be printed after or under the	17695
candidate's name.	17696

(E) The state central committee of each major political	17697
party, through its chairperson, not later than the fifteenth day	17698
prior to the date of the presidential primary election, shall file	17699
with the secretary of state the rules of its political party	17700
adopted by the state central committee at a meeting open to all	17701
members of the committee's party, which affect the issuance of	17702
certificates of election to candidates for delegate or alternate	17703
to its party nominating convention, and the secretary of state	17704
shall issue certificates of election in accordance with such	17705
rules.	17706

(F) If party rules prescribe that fewer than all such	17707
candidates for delegate and alternate are to be elected,	17708
certificates of election shall be issued in the order preferred by	17709
the first choice for president and in such numbers that the number	17710
of delegates and alternates certified as elected reflects, as	17711
nearly as possible, the proportion to be elected under the party	17712
rules.	17713

(G) If the state central committee of a political party fails	17714
to file the rules with the secretary of state pursuant to this	17715
section, certificates of election shall be issued to the	17716
candidates for delegate and alternate receiving the highest number	17717
of votes.	17718

Sec. 3513.19. (A) ~~It is the duty of any judge of elections,~~	17719
~~whenever any judge of elections doubts that a person attempting to~~	17720
~~vote at a primary election is legally entitled to vote at that~~	17721
~~election, to challenge the right of that person to vote. The right~~	17722
~~of a~~Any person offering to vote at a primary election may be	17723
challenged ~~upon~~at the polling place by any judge of elections on	17724
any of the following grounds:	17725

(1) ~~That the person whose right to vote is challenged is not~~	17726
~~a legally qualified elector;~~	17727

~~(2) That the person has received or has been promised some~~	17728
~~valuable reward or consideration for the person's vote;~~	17729

~~(3)~~That the person is not a citizen of the United States;

17730

(2) That the person is not a resident of the precinct in	17731
which the person offers to vote;	17732

(3) That the person is not eighteen years of age or older;

17733

(4) That the person is not a qualified elector for that	17734
election;	17735

(5) That the person is not affiliated with or is not a member	17736
of the political party whose ballot the person desires to vote;	17737

(6) That the person is not the elector that the person	17738
purports to be. ~~Such~~	17739

Challenges shall be made only if the challenger knows or	17740
reasonably believes that the challenged elector is not qualified	17741
and entitled to vote.	17742

If the board of elections has ruled on the question presented	17743
by a challenge prior to election day, its finding and decision	17744
shall be final, the presiding judge shall be notified in writing,	17745
and the judges of elections shall not challenge the elector on	17746
that ground. If any person is challenged as unqualified to vote,	17747
the presiding judge shall tender the person the following oath:	17748
"You do swear or affirm under penalty of election falsification	17749
that you will fully and truly answer all of the following	17750
questions put to you concerning your qualifications as an elector	17751
at this election."	17752

A challenge may only be upheld if a majority of the judges of	17753
elections for the precinct at which the person offers to vote find	17754
by clear and convincing evidence that the person challenged is not	17755
eligible to vote a regular ballot on the grounds so challenged.	17756

(B) If the person is challenged as unqualified on the ground	17757
that the person is not a citizen, the judges shall put the	17758
question: "Are you a citizen of the United States?"	17759

If the person answers in the affirmative, the challenge shall	17760
be denied. If the judges are unable to verify the person's	17761
eligibility to cast a ballot in the election, the judges shall	17762
provide to the person, and the person may vote, a provisional	17763
ballot under section 3505.181 of the Revised Code.	17764

(C) If the person is challenged as unqualified on the ground	17765
that the person is not a resident of the precinct where the	17766
person offers to vote, the judges shall put the following	17767
questions:	17768

(1) Do you reside in this precinct?

17769

(2) When did you move into this precinct?

17770

(3) When you came into this precinct, did you come for a	17771
temporary purpose merely or for the purpose of making it your	17772
home?	17773

(4) What is your current mailing address?

17774

(5) Do you have some official identification containing your	17775
current address in this precinct? Please provide that	17776
identification.	17777

(6) Have you voted or attempted to vote at any other location	17778
in this or in any other state at this election?	17779

(7) Have you applied for any absent voter's ballot in any	17780
state for this election?	17781

The judges shall direct an individual who is not in the	17782
appropriate polling place to the appropriate polling place. If the	17783
individual refuses to go to the appropriate polling place, or if	17784
the judges are unable to verify the person's eligibility to cast a	17785
ballot in the election, the judges shall provide to the person,	17786
and the person may vote, a provisional ballot under section	17787
3505.181 of the Revised Code.	17788

(D) If the person is challenged as unqualified on the ground	17789
that the person is not of legal voting age, the judges shall put	17790
the following questions:	17791

(1) Are you eighteen years of age or more?

17792

(2) What is your date of birth?

17793

(3) Do you have some official identification verifying your	17794
age? Please provide that identification.	17795

If the judges are unable to verify the person's age and	17796
eligibility to cast a ballot in the election, the judges shall	17797
provide to the person, and the person may vote, a provisional	17798
ballot under section 3505.181 of the Revised Code.	17799

(E) If the person is challenged as unqualified on the ground	17800
that the person is not a qualified elector for the applicable	17801
election, the judges shall put the following questions:	17802

(1) Have you resided in this state for thirty days	17803
immediately preceding the day of this election? If so, where have	17804
you resided?	17805

(2) Did you properly register to vote?

17806

(3) Can you provide some form of identification containing	17807
your current mailing address in this precinct? Please provide that	17808
identification.	17809

(4) Have you voted or attempted to vote at any other location	17810
in this or in any other state at this election?	17811

(5) Have you applied for an absent voter's ballot in any	17812
state for this election?	17813

If the judges are unable to verify the person's eligibility	17814
to cast a ballot in the election, the judges shall provide to the	17815
person, and the person may vote, a provisional ballot under	17816
section 3505.181 of the Revised Code.	17817

(F) If the person is challenged as unqualified on the ground	17818
that the person is not affiliated with or is not a member of the	17819
political party whose ballot the person has requested, the	17820
person's party affiliation shall be determined by examining the	17821
elector's voting record ~~for the current year and~~in the	17822
immediately preceding two calendar years as shown on the voter's	17823
registration ~~card, using the standards of affiliation specified~~	17824
~~in the seventh paragraph of section 3513.05 of the Revised Code~~	17825
record. ~~Division (A)(3) of this section and the seventh paragraph~~	17826
~~of section 3513.05 of the Revised Code do not prohibit a person~~	17827
~~who holds an elective office for which candidates are nominated~~	17828
~~at a party primary election from doing any of the following:~~	17829

~~(a) If the person voted as a member of a different political~~	17830
~~party at any primary election within the current year and the~~	17831
~~immediately preceding two calendar years, being a candidate for~~	17832
~~nomination at a party primary held during the times specified in~~	17833
~~division (C)(2) of section 3513.191 of the Revised Code provided~~	17834
~~that the person complies with the requirements of that section;~~	17835

~~(b) Circulating the person's own petition of candidacy for~~	17836
~~party nomination in the primary election.~~	17837

~~(B) When the right of a person to vote is challenged upon the~~	17838
~~ground set forth in division (A)(3) of this section, membership in~~	17839
~~or political affiliation with a political party shall be~~	17840
~~determined by the person's statement, made under penalty of~~	17841
~~election falsification, that the person desires to be affiliated~~	17842
~~with and supports the principles of the political party whose~~	17843
~~primary ballot the person desires to vote~~If the challenge is not	17844
denied upon examination of the person's voting record, membership	17845
in or political affiliation with a political party shall be	17846
determined by the person's statement, made under penalty of	17847
election falsification, that the person desires to be affiliated	17848
with and supports the principles of the political party whose	17849
primary election ballot the person desires to vote. If the person	17850
refuses to make such a statement, the judges shall provide to the	17851
person, and the person may vote, a provisional ballot under	17852
section 3505.181 of the Revised Code.	17853

(G) If the person is challenged as unqualified on the ground	17854
that the person is not the elector that the person purports to be,	17855
the judges shall put the following questions:	17856

(1) What is your full name, date of birth, and address for	17857
voting purposes?	17858

(2) Can you sign your name on this paper so that we can	17859
compare it with the voter registration records? Please sign this	17860
paper.	17861

If the judges are unable to verify the person's eligibility	17862
to cast a ballot in the election, the judges shall provide to the	17863
person, and the person may vote, a provisional ballot under	17864
section 3505.181 of the Revised Code.	17865

(H) The person challenging an elector's right to vote bears	17866
the burden of proving, by clear and convincing evidence, that the	17867
challenged elector's registration should be canceled.	17868

Sec. 3513.251. Nominations of candidates for election as	17869
officers of a municipal corporation having a population of less	17870
than two thousand as ascertained by the next preceding federal	17871
census shall be made only by nominating petition and their	17872
election shall occur only in nonpartisan elections, unless a	17873
majority of the electors of such municipal corporation have	17874
petitioned for a primary election. Nominations of candidates for	17875
election as officers of a municipal corporation having a	17876
population of two thousand or more shall be made either by primary	17877
election in conjunction with a partisan general election or by	17878
nominating petition in conjunction with a nonpartisan general	17879
election, as determined under section 3513.01 of the Revised Code.	17880

The nominating petitions of nonpartisan candidates for	17881
election as officers of a municipal corporation having a	17882
population of less than two thousand, as ascertained by the most	17883
recent federal census, shall be signed by not less than ten	17884
qualified electors of the municipal corporation. Any nominating	17885
petition filed under this section shall be filed with the board of	17886
elections not later than four p.m. of the ~~seventy-fifth~~	17887
eighty-fifth day before the day of the general election, provided	17888
that no such nominating petition shall be accepted for filing if	17889
it appears to contain signatures aggregating in number more than	17890
three times the minimum number of signatures required by this	17891
section. A board of elections shall not accept for filing a	17892
nominating petition of a person if that person, for the same	17893
election, has already filed a declaration of candidacy, a	17894
declaration of intent to be a write-in candidate, or a nominating	17895
petition, or has become a candidate through party nomination at a	17896
primary election or by the filling of a vacancy under section	17897
3513.30 or 3513.31 of the Revised Code for any other municipal	17898
office, or for a township office, for member of a city, local, or	17899
exempted village board of education, or for member of a governing	17900
board of an educational service center. When a petition of a	17901
candidate has been accepted for filing by a board of elections,	17902
the petition shall not be deemed invalid if, upon verification of	17903
signatures contained in the petition, the board of elections finds	17904
the number of signatures accepted exceeds three times the minimum	17905
number of signatures required. A board of elections may	17906
discontinue verifying signatures when the number of verified	17907
signatures on a petition equals the minimum required number of	17908
qualified signatures.	17909

Nomination of nonpartisan candidates for election as officers	17910
of a municipal corporation having a population of two thousand or	17911
more, as ascertained by the next preceding federal census, shall	17912
be made only by nominating petition. Nominating petitions of	17913
nonpartisan candidates for election as officers of a municipal	17914
corporation having a population of two thousand or more but less	17915
than five thousand, as ascertained by the next preceding federal	17916
census, shall be signed by not less than fifty qualified electors	17917
of the municipal corporation or ward thereof in the case of the	17918
nominating petition of a candidate for election as ~~councilman~~	17919
councilperson from such ward. Nominating petitions of nonpartisan	17920
candidates for election as officers of a municipal corporation	17921
having a population of five thousand or more, as ascertained by	17922
the next preceding federal census, shall be signed by not less	17923
than fifty qualified electors of the municipal corporation or ward	17924
thereof in the case of the nominating petition of a candidate for	17925
election as councilperson from such ward.	17926

Sec. 3513.253. Nominations of candidates for election as	17927
officers of a township shall be made only by nominating petitions,	17928
unless a majority of the electors of such township have petitioned	17929
for a primary election. The nominating petitions of nonpartisan	17930
candidates for township trustee and township fiscal officer shall	17931
be signed by not less than twenty-five qualified electors of the	17932
township. Such petition shall be filed with the board of elections	17933
not later than four p.m. of the ~~seventy-fifth~~eighty-fifth day	17934
before the day of the general election, provided that no such	17935
nominating petition shall be accepted for filing if it appears to	17936
contain signatures aggregating in number more than three times the	17937
minimum number of signatures required by this section. A board of	17938
elections shall not accept for filing a nominating petition of a	17939
person if that person, for the same election, has already filed a	17940
declaration of candidacy, a declaration of intent to be a write-in	17941
candidate, or a nominating petition, or has become a candidate	17942
through party nomination at a primary election or by the filling	17943
of a vacancy under section 3513.30 or 3513.31 of the Revised Code	17944
for any other township office, or for a municipal office, for	17945
member of a city, local, or exempted village board of education,	17946
or for member of a governing board of an educational service	17947
center. When a petition of a candidate has been accepted for	17948
filing by a board of elections, the petition shall not be deemed	17949
invalid if, upon verification of signatures contained in the	17950
petition, the board of elections finds the number of signatures	17951
accepted exceeds three times the minimum number of signatures	17952
required. A board of elections may discontinue verifying	17953
signatures when the number of verified signatures on a petition	17954
equals the minimum required number of qualified signatures.	17955

Sec. 3513.254. (A) The name of each candidate for member of a	17956
city, local, or exempted village board of education shall appear	17957
on the nonpartisan ballot. Nominating petitions of candidates for	17958
member of a board of education of a local or exempted village	17959
school district shall be signed by twenty-five qualified electors	17960
of the school district. Nominating petitions for candidates for	17961
member of a board of education of a city school district having a	17962
population of less than twenty thousand, as ascertained by the	17963
next preceding federal census, shall be signed by twenty-five	17964
qualified electors of the school district. Nominating petitions	17965
for candidates for member of a board of education of a city school	17966
district having a population of twenty thousand or more but less	17967
than fifty thousand, as ascertained by the next preceding federal	17968
census, shall be signed by seventy-five qualified electors of the	17969
school district. Nominating petitions for candidates for member of	17970
a board of education of a city school district having a population	17971
of fifty thousand or more but less than one hundred thousand, as	17972
ascertained by the next preceding federal census, shall be signed	17973
by one hundred fifty qualified electors of the school district.	17974
Nominating petitions for candidates for member of a board of	17975
education of a city school district having a population of one	17976
hundred thousand or more, as ascertained by the next preceding	17977
federal census, shall be signed by three hundred qualified	17978
electors of the school district.	17979

(B) Nominating petitions shall be filed with the board of	17980
elections not later than four p.m. of the ~~seventy-fifth~~	17981
eighty-fifth day before the day of the general election, provided	17982
that no such petition shall be accepted for filing if it appears	17983
to contain signatures aggregating in number more than three times	17984
the minimum number of signatures required by this section. A board	17985
of elections shall not accept for filing a nominating petition of	17986
a person if that person, for the same election, has already filed	17987
a declaration of candidacy, a declaration of intent to be a	17988
write-in candidate, or a nominating petition, or has become a	17989
candidate through party nomination at a primary election or by the	17990
filling of a vacancy under section 3513.30 or 3513.31 of the	17991
Revised Code for any other position as a member of a city, local,	17992
or exempted village board of education or position as a member of	17993
a governing board of an educational service center, or for a	17994
municipal or township office. When a petition of a candidate has	17995
been accepted for filing by a board of elections, the petition	17996
shall not be deemed invalid if, upon verification of signatures	17997
contained in the petition, the board of elections finds the number	17998
of signatures accepted exceeds three times the minimum number of	17999
signatures required. A board of elections may discontinue	18000
verifying petitions when the number of verified signatures equals	18001
the minimum required number of qualified signatures.	18002

(C) This section is subject to section 3513.256 of the	18003
Revised Code.	18004

Sec. 3513.255. This section is subject to section 3513.256	18005
of the Revised Code. The name of each candidate for election as a	18006
member of a governing board of an educational service center shall	18007
appear on the nonpartisan ballot. Each nominating petition shall	18008
be signed by fifty qualified electors who reside in one of the	18009
following, as applicable:	18010

(A) The school districts over which the educational service	18011
center governing board has jurisdiction, in the case of any	18012
candidate running for a position on any educational service center	18013
governing board other than a governing board established in	18014
accordance with section 3311.054 of the Revised Code;	18015

(B) The subdistrict in which the candidate is running, in the	18016
case of a position on a governing board of an educational service	18017
center established in accordance with section 3311.054 of the	18018
Revised Code.	18019

Each nominating petition shall be filed with the board of	18020
elections of the county in which the central administrative	18021
offices of the educational service center governing board are	18022
located not later than four p.m. of the ~~seventy-fifth~~eighty-fifth	18023
day before the day of the general election, provided that no such	18024
petition shall be accepted for filing if it appears to contain	18025
signatures aggregating in number more than three times the minimum	18026
number of signatures required by this section. A board of	18027
elections shall not accept for filing a nominating petition of a	18028
person if that person, for the same election, has already filed a	18029
declaration of candidacy, a declaration of intent to be a write-in	18030
candidate, or a nominating petition, or has become a candidate	18031
through party nomination at a primary election or by the filling	18032
of a vacancy under section 3513.30 or 3513.31 of the Revised Code	18033
for any other position as a member of a governing board of an	18034
educational service center or position as a member of a city,	18035
local, or exempted village board of education, or for a municipal	18036
or township office. When a petition of a candidate has been	18037
accepted for filing by a board of elections, the petition shall	18038
not be deemed invalid if, upon verification of signatures	18039
contained in the petition, the board of elections finds the number	18040
of signatures accepted exceeds three times the minimum signatures	18041
required. A board of elections may discontinue verifying petitions	18042
when the number of verified signatures equals the minimum required	18043
number of qualified signatures.	18044

Sec. 3513.256. (A) Notwithstanding any provision of the	18045
Revised Code to the contrary, for the purpose of nominating	18046
candidates for a position as a member of the board of education of	18047
a city, local, or exempted village school district or a position	18048
as a member of a governing board of an educational service center,	18049
the board may adopt, by resolution upon a three-fifths majority	18050
vote of its total membership, procedures for a nonpartisan primary	18051
election. Such procedures shall specify the following:	18052

(1) That the primary election for nominating candidates for a	18053
position as a member of that board shall be held on the same day	18054
as the primary election for nominating all other candidates for	18055
public office in that year;	18056

(2) That nominating petitions shall be filed with the board	18057
of elections not later than four p.m. of the ~~seventy-fifth~~	18058
eighty-fifth day before the day of the primary election;	18059

(3) That the primary election shall take place only if the	18060
number of candidates for nomination for a position on that board,	18061
as verified by the board of elections, is at least one more than	18062
two times the number of available positions on that board at the	18063
general election;	18064

(4) That the number of candidates advancing from the primary	18065
election to the general election shall equal two times the number	18066
of available positions on that board at the general election.	18067

The board shall notify the board of elections upon adoption	18068
of a resolution under this division. No such resolution shall	18069
apply for a particular election unless the resolution is adopted	18070
at least one hundred twenty days prior to the deadline specified	18071
in the resolution to become a candidate for nomination at that	18072
election. Subject to division (B) of this section, the resolution	18073
shall apply to all subsequent nominations for a position as a	18074
member of that board.	18075

(B) Not earlier than five years after the adoption of a	18076
resolution under division (A) of this section, the board of	18077
education of a city, local, or exempted village school district or	18078
the governing board of an educational service center may rescind	18079
that resolution by subsequent resolution upon a three-fifths	18080
majority vote of its total membership.	18081

The board shall notify the board of elections of any	18082
resolution adopted under this division. No such resolution shall	18083
apply to a particular election unless the resolution is adopted at	18084
least one hundred twenty days prior to the deadline to become a	18085
candidate for nomination at that election under the nomination	18086
procedures the resolution is rescinding. Subject to division (D)	18087
of this section, the requirements of Chapter 3513. of the Revised	18088
Code shall apply to all subsequent nominations for a position as a	18089
member of that board.	18090

(C) Any candidate nominated pursuant to a resolution adopted	18091
under division (A) of this section shall appear on the nonpartisan	18092
ballot at the general election as prescribed in sections 3505.04,	18093
3513.254, and 3513.255 of the Revised Code.	18094

(D) Nothing in this section prohibits or shall be construed	18095
to prohibit the board of education of a city, local, or exempted	18096
village school district or the governing board of an educational	18097
service center that has rescinded a resolution under division (B)	18098
of this section from subsequently adopting the same or different	18099
procedures for a nonpartisan primary election by adopting a	18100
resolution under division (A) of this section.	18101

Sec. 3513.257. Each person desiring to become an independent	18102
candidate for an office for which candidates may be nominated at a	18103
primary election, except persons desiring to become independent	18104
joint candidates for the offices of governor and lieutenant	18105
governor and for the offices of president and vice-president of	18106
the United States, shall file no later than four p.m. of the day	18107
before the day of the primary election immediately preceding the	18108
general election at which such candidacy is to be voted for by the	18109
voters, a statement of candidacy and nominating petition as	18110
provided in section 3513.261 of the Revised Code. Persons desiring	18111
to become independent joint candidates for the offices of governor	18112
and lieutenant governor shall file, not later than four p.m. of	18113
the day before the day of the primary election, one statement of	18114
candidacy and one nominating petition for the two of them. Persons	18115
desiring to become independent joint candidates for the offices of	18116
president and vice-president of the United States shall file, not	18117
later than four p.m. of the ~~seventy-fifth~~eighty-fifth day before	18118
the day of the general election at which the president and	18119
vice-president are to be elected, one statement of candidacy and	18120
one nominating petition for the two of them. The prospective	18121
independent joint candidates' statement of candidacy shall be	18122
filed with the nominating petition as one instrument.	18123

The statement of candidacy and separate petition papers of	18124
each candidate or pair of joint candidates shall be filed at the	18125
same time as one instrument.	18126

The nominating petition shall contain signatures of qualified	18127
electors of the district, political subdivision, or portion of a	18128
political subdivision in which the candidacy is to be voted on in	18129
an amount to be determined as follows:	18130

(A) If the candidacy is to be voted on by electors throughout	18131
the entire state, the nominating petition, including the	18132
nominating petition of independent joint candidates for the	18133
offices of governor and lieutenant governor, shall be signed by no	18134
less than five thousand qualified electors, provided that no	18135
petition shall be accepted for filing if it purports to contain	18136
more than fifteen thousand signatures.	18137

(B) If the candidacy is to be voted on by electors in any	18138
district, political subdivision, or part thereof in which less	18139
than five thousand electors voted for the office of governor at	18140
the most recent election for that office, the nominating petition	18141
shall contain signatures of not less than twenty-five qualified	18142
electors of the district, political subdivision, or part thereof,	18143
or a number of qualified signatures equal to at least five per	18144
cent of that vote, if this number is less than twenty-five.	18145

(C) If the candidacy is to be voted on by electors in any	18146
district, political subdivision, or part thereof in which five	18147
thousand or more electors voted for the office of governor at the	18148
most recent election for that office, the nominating petition	18149
shall contain a number of signatures equal to at least one per	18150
cent of those electors.	18151

All nominating petitions of candidates for offices to be	18152
voted on by electors throughout the entire state shall be filed in	18153
the office of the secretary of state. No nominating petition for	18154
the offices of president and vice-president of the United States	18155
shall be accepted for filing unless there is submitted to the	18156
secretary of state, at the time of filing the petition, a slate of	18157
presidential electors sufficient in number to satisfy the	18158
requirement of the United States Constitution. The secretary of	18159
state shall not accept for filing the statement of candidacy of a	18160
person who desires to be an independent candidate for the office	18161
of governor unless it also shows the joint candidacy of a person	18162
who desires to be an independent candidate for the office of	18163
lieutenant governor, shall not accept for filing the statement of	18164
candidacy of a person who desires to be an independent candidate	18165
for the office of lieutenant governor unless it also shows the	18166
joint candidacy of a person who desires to be an independent	18167
candidate for the office of governor, and shall not accept for	18168
filing the statement of candidacy of a person who desires to be an	18169
independent candidate to the office of governor or lieutenant	18170
governor who, for the same election, has already filed a	18171
declaration of candidacy, a declaration of intent to be a write-in	18172
candidate, or a statement of candidacy, or has become a candidate	18173
by the filling of a vacancy under section 3513.30 of the Revised	18174
Code for any other state office or any federal or county office.	18175

Nominating petitions of candidates for offices to be voted on	18176
by electors within a district or political subdivision comprised	18177
of more than one county but less than all counties of the state	18178
shall be filed with the boards of elections of that county or part	18179
of a county within the district or political subdivision which had	18180
a population greater than that of any other county or part of a	18181
county within the district or political subdivision according to	18182
the last federal decennial census.	18183

Nominating petitions for offices to be voted on by electors	18184
within a county or district smaller than a county shall be filed	18185
with the board of elections for such county.	18186

No petition other than the petition of a candidate whose	18187
candidacy is to be considered by electors throughout the entire	18188
state shall be accepted for filing if it appears on its face to	18189
contain more than three times the minimum required number of	18190
signatures. A board of elections shall not accept for filing a	18191
nominating petition of a person seeking to become a candidate if	18192
that person, for the same election, has already filed a	18193
declaration of candidacy, a declaration of intent to be a write-in	18194
candidate, or a nominating petition, or has become a candidate by	18195
the filling of a vacancy under section 3513.30 of the Revised Code	18196
for any federal, state, or county office, if the nominating	18197
petition is for a state or county office, or for any municipal or	18198
township office, for member of a city, local, or exempted village	18199
board of education, or for member of a governing board of an	18200
educational service center, if the nominating petition is for a	18201
municipal or township office, or for member of a city, local, or	18202
exempted village board of education, or for member of a governing	18203
board of an educational service center. When a petition of a	18204
candidate has been accepted for filing by a board of elections,	18205
the petition shall not be deemed invalid if, upon verification of	18206
signatures contained in the petition, the board of elections finds	18207
the number of signatures accepted exceeds three times the minimum	18208
number of signatures required. A board of elections may	18209
discontinue verifying signatures when the number of verified	18210
signatures on a petition equals the minimum required number of	18211
qualified signatures.	18212

Any nonjudicial candidate who files a nominating petition may	18213
request, at the time of filing, that the candidate be designated	18214
on the ballot as a nonparty candidate or as an other-party	18215
candidate, or may request that the candidate's name be placed on	18216
the ballot without any designation. Any such candidate who fails	18217
to request a designation either as a nonparty candidate or as an	18218
other-party candidate shall have the candidate's name placed on	18219
the ballot without any designation.	18220

The purpose of establishing a filing deadline for independent	18221
candidates prior to the primary election immediately preceding the	18222
general election at which the candidacy is to be voted on by the	18223
voters is to recognize that the state has a substantial and	18224
compelling interest in protecting its electoral process by	18225
encouraging political stability, ensuring that the winner of the	18226
election will represent a majority of the community, providing the	18227
electorate with an understandable ballot, and enhancing voter	18228
education, thus fostering informed and educated expressions of the	18229
popular will in a general election. The filing deadline for	18230
independent candidates required in this section prevents	18231
splintered parties and unrestrained factionalism, avoids political	18232
fragmentation, and maintains the integrity of the ballot. The	18233
deadline, one day prior to the primary election, is the least	18234
drastic or restrictive means of protecting these state interests.	18235
The general assembly finds that the filing deadline for	18236
independent candidates in primary elections required in this	18237
section is reasonably related to the state's purpose of ensuring	18238
fair and honest elections while leaving unimpaired the political,	18239
voting, and associational rights secured by the first and	18240
fourteenth amendments to the United States Constitution.	18241

Sec. 3513.259. Nominations of candidates for the office of	18242
member of the state board of education shall be made only by	18243
nominating petition. The nominating petition of a candidate for	18244
the office of member of the state board of education shall be	18245
signed by not less than one hundred qualified electors.	18246

No such nominating petition shall be accepted for filing if	18247
it appears on its face to contain signatures aggregating in number	18248
more than three times the minimum number of signatures required by	18249
this section. A board of elections shall not accept for filing a	18250
nominating petition of a person if that person, for the same	18251
election, has already filed a declaration of candidacy, a	18252
declaration of intent to be a write-in candidate, or a nominating	18253
petition, or has become a candidate through party nomination at a	18254
primary election or by the filling of a vacancy under section	18255
3513.30 or 3513.31 of the Revised Code, to be a candidate for any	18256
other state office or any federal or county office. When a	18257
petition of a candidate has been accepted for filing by a board of	18258
elections, the petition shall not be deemed invalid if, upon	18259
verification of signatures contained in the petition, the board of	18260
elections finds the number of signatures accepted exceeds three	18261
times the minimum number of signatures required. A board of	18262
elections may discontinue verifying signatures when the number of	18263
verified signatures equals the minimum required number of	18264
signatures. Such petition shall be filed with the board of	18265
elections of the most populous county in such district not later	18266
than four p.m. of the ~~seventy-fifth~~eighty-fifth day before the	18267
day of the general election at which state board of education	18268
members are elected.	18269

Each nominating petition shall be signed by qualified	18270
electors residing in the district in which the candidate	18271
designated therein would be a candidate for election to the office	18272
of member of the state board of education. Each candidate shall be	18273
a qualified elector residing in the district in which the	18274
candidate seeks election to such office.	18275

As the word "district" is used in this section, it refers to	18276
a district created under section 3301.01 of the Revised Code.	18277

Sec. 3513.263. The nominating petitions of all candidates	18278
required to be filed before four p.m. of the ~~seventy-fifth~~	18279
eighty-fifth day before the day of the general election, shall be	18280
processed as follows:	18281

If such petition is filed with the secretary of state, hethe	18282
secretary of state shall promptly transmit to each board such	18283
separate petition papers as purports to contain signatures of	18284
electors of the county of such board.	18285

If such petition is filed with the board of a county in which	18286
the major portion of the population of a subdivision is located,	18287
such board shall promptly transmit to the board of each county in	18288
which other portions of such subdivision are located such separate	18289
petition papers of the petition as purport to contain signatures	18290
of electors of such county.	18291

All petition papers so transmitted to a board of elections,	18292
and all nominating petitions filed with a board of elections	18293
shall, under proper regulation, be open to public inspection until	18294
four p.m. of the ~~seventieth~~eightieth day before the day of such	18295
general election. Each board shall, not later than the	18296
~~sixty-eighth~~seventy-eighth day before the day of such general	18297
election examine and determine the sufficiency of the signatures	18298
on the petition papers transmitted to or filed with it and the	18299
validity or invalidity of petitions filed with it, and shall	18300
return to each other board all petition papers transmitted to it	18301
by such other board, together with its certification of its	18302
determination as to the validity or invalidity of signatures	18303
thereon. All other matters affecting the validity or invalidity of	18304
such petition papers shall be determined by the board with whom	18305
such petition papers were filed.	18306

Written protests against such nominating petitions may be	18307
filed by any qualified elector eligible to vote for the candidate	18308
whose nominating petition hethe elector objects to, not later	18309
than the ~~sixty-fourth~~seventy-fourth day before the general	18310
election. Such protests shall be filed with the election officials	18311
with whom the nominating petition was filed. Upon the filing of	18312
such protests, the election officials with whom it is filed shall	18313
promptly fix the time and place for hearing it, and shall	18314
forthwith mail notice of the filing of such protest and the time	18315
and place for hearing it to the person whose nomination is	18316
protested. They shall also forthwith mail notice of the time and	18317
place fixed for the hearing to the person who filed the protest.	18318
At the time and place fixed, such election officials shall hear	18319
the protest and determine the ~~validty~~validity or invalidity of	18320
the petition. Such determination shall be final.	18321

Sec. 3513.30. (A)(1) If only one valid declaration of	18322
candidacy is filed for nomination as a candidate of a political	18323
party for an office and that candidate dies prior to the tenth day	18324
before the primary election, both of the following may occur:	18325

(a) The political party whose candidate died may fill the	18326
vacancy so created as provided in division (A)(2) of this section.	18327

(b) Any ~~major~~ political party other than the one whose	18328
candidate died may select a candidate as provided in division	18329
(A)(2) of this section under either of the following	18330
circumstances:	18331

(i) No person has filed a valid declaration of candidacy for	18332
nomination as that party's candidate at the primary election.	18333

(ii) Only one person has filed a valid declaration of	18334
candidacy for nomination as that party's candidate at the primary	18335
election, that person has withdrawn, died, or been disqualified	18336
under section 3513.052 of the Revised Code, and the vacancy so	18337
created has not been filled.	18338

(2) A vacancy may be filled under division (A)(1)(a) and a	18339
selection may be made under division (A)(1)(b) of this section by	18340
the appropriate committee of the political party in the same	18341
manner as provided in divisions (A) to (E) of section 3513.31 of	18342
the Revised Code for the filling of similar vacancies created by	18343
withdrawals or disqualifications under section 3513.052 of the	18344
Revised Code after the primary election, except that the	18345
certification required under that section may not be filed with	18346
the secretary of state, or with a board of the most populous	18347
county of a district, or with the board of a county in which the	18348
major portion of the population of a subdivision is located, later	18349
than four p.m. of the tenth day before the day of such primary	18350
election, or with any other board later than four p.m. of the	18351
fifth day before the day of such primary election.	18352

(3) If only one valid declaration of candidacy is filed for	18353
nomination as a candidate of a political party for an office and	18354
that candidate dies on or after the tenth day before the day of	18355
the primary election, that candidate is considered to have	18356
received the nomination of that candidate's political party at	18357
that primary election, and, for purposes of filling the vacancy so	18358
created, that candidate's death shall be treated as if that	18359
candidate died on the day after the day of the primary election.	18360

(B) Any person filing a declaration of candidacy may withdraw	18361
as such candidate at any time prior to the primary election~~, or,~~	18362
~~if the primary election is a presidential primary election, at any~~	18363
~~time prior to the fiftieth day before the presidential primary~~	18364
~~election~~. The withdrawal shall be effected and the statement of	18365
withdrawal shall be filed in accordance with the procedures	18366
prescribed in division (D) of this section for the withdrawal of	18367
persons nominated in a primary election or by nominating petition.	18368

(C) A person who is the first choice for president of the	18369
United States by a candidate for delegate or alternate to a	18370
national convention of a political party may withdraw consent for	18371
the selection of the person as such first choice no later than	18372
four p.m. of the ~~thirtieth~~fortieth day before the day of the	18373
presidential primary election. Withdrawal of consent shall be for	18374
the entire slate of candidates for delegates and alternates who	18375
named such person as their presidential first choice and shall	18376
constitute withdrawal from the primary election by such delegates	18377
and alternates. The withdrawal shall be made in writing and	18378
delivered to the secretary of state. If the withdrawal is	18379
delivered to the secretary of state on or before the ~~sixtieth~~	18380
seventieth day before the day of the primary election, ~~or, if~~	18381
~~the election is a presidential primary election, on or before~~	18382
~~the forty-fifth day before the day of the presidential primary~~	18383
~~election,~~ the boards of elections shall remove both the name of	18384
the withdrawn first choice and the names of such withdrawn	18385
candidates from the ballots according to the directions of the	18386
secretary of state. If the withdrawal is delivered to the	18387
secretary of state after the ~~sixtieth~~seventieth day before the	18388
day of the primary election, ~~or, if the election is a~~	18389
~~presidential primary election, after the forty-fifth day before~~	18390
~~the day of the presidential primary election,~~ the board of	18391
elections shall not remove the name of the withdrawn first choice	18392
and the names of the withdrawn candidates from the ballots. The	18393
board of elections shall post a notice at each polling location on	18394
the day of the primary election, and shall enclose with each	18395
absent voter's ballot given or mailed after the candidate	18396
withdraws, a notice that votes for the withdrawn first choice or	18397
the withdrawn candidates will be void and will not be counted. If	18398
such names are not removed from all ballots before the day of the	18399
election, the votes for the withdrawn first choice or the	18400
withdrawn candidates are void and shall not be counted.	18401

(D) Any person nominated in a primary election, pursuant to	18402
section 3513.02 of the Revised Code, or by nominating petition as	18403
a candidate for election at the next general election may withdraw	18404
as such candidate at any time prior to the general election. Such	18405
withdrawal may be effected by the filing of a written statement by	18406
such candidate announcing the candidate's withdrawal and	18407
requesting that the candidate's name not be printed on the	18408
ballots. If such candidate's declaration of candidacy or	18409
nominating petition was filed with the secretary of state, the	18410
candidate's statement of withdrawal shall be addressed to and	18411
filed with the secretary of state. If such candidate's declaration	18412
of candidacy or nominating petition was filed with a board of	18413
elections, the candidate's statement of withdrawal shall be	18414
addressed to and filed with such board.	18415

(E) When a person withdraws under division (B) or (D) of this	18416
section on or before the ~~sixtieth~~seventieth day before the day of	18417
the primary election or the general election, ~~or, if the~~	18418
~~election is a presidential primary election, on or before the~~	18419
~~forty-fifth day before the day of the presidential primary~~	18420
~~election,~~ the board of elections shall remove the name of the	18421
withdrawn candidate from the ballots according to the directions	18422
of the secretary of state. When a person withdraws under	18423
division (B) or (D) of this section after the ~~sixtieth~~	18424
seventieth day before the day of the primary election or the	18425
general election, ~~or, if the election is a presidential primary~~	18426
~~election, after the forty-fifth day before the day of the~~	18427
~~presidential primary election,~~ the board of elections shall not	18428
remove the name of the withdrawn candidate from the ballots. The	18429
board of elections shall post a notice at each polling place on	18430
the day of the ~~primary~~ election, and shall enclose with each	18431
absent voter's ballot given or mailed after the candidate	18432
withdraws, a notice that votes for the withdrawn candidate will be	18433
void and will not be counted. If the name is not removed from all	18434
ballots before the day of the election, the votes for the	18435
withdrawn candidate are void and shall not be counted.	18436

Sec. 3513.31. (A) If a person nominated in a primary	18437
election as a candidate for election at the next general election,	18438
whose candidacy is to be submitted to the electors of the entire	18439
state, withdraws as that candidate or is disqualified as that	18440
candidate under section 3513.052 of the Revised Code, the vacancy	18441
in the party nomination so created may be filled by the state	18442
central committee of the major political party that made the	18443
nomination at the primary election, if the committee's chairperson	18444
and secretary certify the name of the person selected to fill the	18445
vacancy by the time specified in this division, at a meeting	18446
called for that purpose. The meeting shall be called by the	18447
chairperson of that committee, who shall give each member of the	18448
committee at least two days' notice of the time, place, and	18449
purpose of the meeting. If a majority of the members of the	18450
committee are present at the meeting, a majority of those present	18451
may select a person to fill the vacancy. The chairperson and	18452
secretary of the meeting shall certify in writing and under oath	18453
to the secretary of state, not later than the ~~seventy-sixth~~	18454
eighty-sixth day before the day of the general election, the name	18455
of the person selected to fill the vacancy. The certification	18456
must be accompanied by the written acceptance of the nomination	18457
by the person whose name is certified. A vacancy that may be	18458
filled by ~~an intermediate or~~a minor political party shall be	18459
filled in accordance with the party's rules by authorized	18460
officials of the party. Certification must be made as in the	18461
manner provided for a major political party.	18462

(B) If a person nominated in a primary election as a party	18463
candidate for election at the next general election, whose	18464
candidacy is to be submitted to the electors of a district	18465
comprised of more than one county but less than all of the	18466
counties of the state, withdraws as that candidate or is	18467
disqualified as that candidate under section 3513.052 of the	18468
Revised Code, the vacancy in the party nomination so created may	18469
be filled by a district committee of the major political party	18470
that made the nomination at the primary election, if the	18471
committee's chairperson and secretary certify the name of the	18472
person selected to fill the vacancy by the time specified in this	18473
division, at a meeting called for that purpose. The district	18474
committee shall consist of the chairperson and secretary of the	18475
county central committee of such political party in each county in	18476
the district. The district committee shall be called by the	18477
chairperson of the county central committee of such political	18478
party of the most populous county in the district, who shall give	18479
each member of the district committee at least two days' notice of	18480
the time, place, and purpose of the meeting. If a majority of the	18481
members of the district committee are present at the district	18482
committee meeting, a majority of those present may select a person	18483
to fill the vacancy. The chairperson and secretary of the meeting	18484
shall certify in writing and under oath to the board of elections	18485
of the most populous county in the district, not later than four	18486
p.m. of the ~~seventy-sixth~~eighty-sixth day before the day of the	18487
general election, the name of the person selected to fill the	18488
vacancy. The certification must be accompanied by the written	18489
acceptance of the nomination by the person whose name is	18490
certified. A vacancy that may be filled by ~~an intermediate or~~a	18491
minor political party shall be filled in accordance with the	18492
party's rules by authorized officials of the party. Certification	18493
must be made as in the manner provided for a major political	18494
party.	18495

(C) If a person nominated in a primary election as a party	18496
candidate for election at the next general election, whose	18497
candidacy is to be submitted to the electors of a county,	18498
withdraws as that candidate or is disqualified as that candidate	18499
under section 3513.052 of the Revised Code, the vacancy in the	18500
party nomination so created may be filled by the county central	18501
committee of the major political party that made the nomination at	18502
the primary election, or by the county executive committee if so	18503
authorized, if the committee's chairperson and secretary certify	18504
the name of the person selected to fill the vacancy by the time	18505
specified in this division, at a meeting called for that purpose.	18506
The meeting shall be called by the chairperson of that committee,	18507
who shall give each member of the committee at least two days'	18508
notice of the time, place, and purpose of the meeting. If a	18509
majority of the members of the committee are present at the	18510
meeting, a majority of those present may select a person to fill	18511
the vacancy. The chairperson and secretary of the meeting shall	18512
certify in writing and under oath to the board of that county, not	18513
later than four p.m. of the ~~seventy-sixth~~eighty-sixth day before	18514
the day of the general election, the name of the person selected	18515
to fill the vacancy. The certification must be accompanied by the	18516
written acceptance of the nomination by the person whose name is	18517
certified. A vacancy that may be filled by ~~an intermediate or~~a	18518
minor political party shall be filled in accordance with the	18519
party's rules by authorized officials of the party. Certification	18520
must be made as in the manner provided for a major political	18521
party.	18522

(D) If a person nominated in a primary election or pursuant	18523
to section 3513.02 of the Revised Code as a party candidate for	18524
election at the next general election, whose candidacy is to be	18525
submitted to the electors of a district within a county, withdraws	18526
as that candidate or is disqualified as that candidate under	18527
section 3513.052 of the Revised Code, the vacancy in the party	18528
nomination so created may be filled by a district committee	18529
consisting of those members of the county central committee or, if	18530
so authorized, those members of the county executive committee in	18531
that county of the major political party that made the nomination	18532
at the primary election who represent the precincts or the wards	18533
and townships within the district, if the committee's chairperson	18534
and secretary certify the name of the person selected to fill the	18535
vacancy by the time specified in this division, at a meeting	18536
called for that purpose. The district committee meeting shall be	18537
called by the chairperson of the county central committee or	18538
executive committee, as appropriate, who shall give each member of	18539
the district committee at least two days' notice of the time,	18540
place, and purpose of the meeting. If a majority of the members of	18541
the district committee are present at the district committee	18542
meeting, a majority of those present may select a person to fill	18543
the vacancy. The chairperson and secretary of the district	18544
committee meeting shall certify in writing and under oath to the	18545
board of the county, not later than four p.m. of the ~~seventy-sixth~~	18546
eighty-sixth day before the day of the general election, the	18547
name of the person selected to fill the vacancy. The	18548
certification must be accompanied by the written acceptance of	18549
the nomination by the person whose name is certified. A vacancy	18550
that may be filled by ~~an intermediate or~~a minor political party	18551
shall be filled in accordance with the party's rules by	18552
authorized officials of the party. Certification must be made	18553
as in the manner provided for a major political party.	18554

(E) If a person nominated in a primary election or pursuant	18555
to section 3513.02 of the Revised Code as a party candidate for	18556
election at the next general election, whose candidacy is to be	18557
submitted to the electors of a subdivision within a county,	18558
withdraws as that candidate or is disqualified as that candidate	18559
under section 3513.052 of the Revised Code, the vacancy in the	18560
party nomination so created may be filled by a subdivision	18561
committee consisting of those members of the county central	18562
committee or, if so authorized, those members of the county	18563
executive committee in that county of the major political party	18564
that made the nomination at that primary election who represent	18565
the precincts or the wards and townships within that subdivision,	18566
if the committee's chairperson and secretary certify the name of	18567
the person selected to fill the vacancy by the time specified in	18568
this division, at a meeting called for that purpose.	18569

The subdivision committee meeting shall be called by the	18570
chairperson of the county central committee or executive	18571
committee, as appropriate, who shall give each member of the	18572
subdivision committee at least two days' notice of the time,	18573
place, and purpose of the meeting. If a majority of the members of	18574
the subdivision committee are present at the subdivision committee	18575
meeting, a majority of those present may select a person to fill	18576
the vacancy. The chairperson and secretary of the subdivision	18577
committee meeting shall certify in writing and under oath to the	18578
board of the county, not later than four p.m. of the ~~seventy-sixth~~	18579
eighty-sixth day before the day of the general election, the	18580
name of the person selected to fill the vacancy. The	18581
certification must be accompanied by the written acceptance of	18582
the nomination by the person whose name is certified. A vacancy	18583
that may be filled by ~~an intermediate or~~a minor political party	18584
shall be filled in accordance with the party's rules by	18585
authorized officials of the party. Certification must be made in	18586
the manner provided for a major political party.	18587

(F) If a person nominated by petition as an independent or	18588
nonpartisan candidate for election at the next general election	18589
withdraws as that candidate or is disqualified as that candidate	18590
under section 3513.052 of the Revised Code, the vacancy so created	18591
may be filled by a majority of the committee of five, as	18592
designated on the candidate's nominating petition, if a member of	18593
that committee certifies in writing and under oath to the election	18594
officials with whom the candidate filed the candidate's nominating	18595
petition, not later than the ~~seventy-sixth~~eighty-sixth day before	18596
the day of the general election, the name of the person selected	18597
to fill the vacancy. The certification shall be accompanied by	18598
the written acceptance of the nomination by the person whose name	18599
is certified and shall be made in the manner provided for a major	18600
political party.	18601

(G) If a person nominated in a primary election or pursuant	18602
to section 3513.02 of the Revised Code as a party candidate for	18603
election at the next general election dies, the vacancy so created	18604
may be filled by the same committee in the same manner as provided	18605
in this section for the filling of similar vacancies created by	18606
withdrawals or disqualifications under section 3513.052 of the	18607
Revised Code, except that the certification, when filling a	18608
vacancy created by death, may not be filed with the secretary of	18609
state, or with a board of the most populous county of a district,	18610
or with the board of a county in which the major portion of the	18611
population of a subdivision is located, later than four p.m. of	18612
the tenth day before the day of such general election, or with any	18613
other board later than four p.m. of the fifth day before the day	18614
of such general election.	18615

(H) If a person nominated by petition as an independent or	18616
nonpartisan candidate for election at the next general election	18617
dies prior to the tenth day before the day of that general	18618
election, the vacancy so created may be filled by a majority of	18619
the committee of five designated in the nominating petition to	18620
represent the candidate named in it. To fill the vacancy a member	18621
of the committee shall, not later than four p.m. of the fifth day	18622
before the day of the general election, file with the election	18623
officials with whom the petition nominating the person was filed,	18624
a certificate signed and sworn to under oath by a majority of the	18625
members, designating the person they select to fill the vacancy.	18626
The certification must be accompanied by the written acceptance of	18627
the nomination by the person whose name is so certified.	18628

(I) If a person holding an elective office for which a	18629
candidate may be nominated by a political party at a primary	18630
election or pursuant to section 3513.02 of the Revised Code dies	18631
or resigns subsequent to the ~~one-hundredth~~one hundred tenth day	18632
before the day of a primary election and prior to the	18633
~~seventy-sixth~~eighty-sixth day before the day of the next	18634
general election, and if, under the laws of this state, a person	18635
may be elected at that general election to fill the unexpired	18636
term of the person who has died or resigned, the appropriate	18637
committee of each political party, acting as in the case of a	18638
vacancy in a party nomination, as provided in divisions (A) to	18639
(D) of this section, may select a person as the party candidate	18640
for election for such unexpired term at that general election,	18641
and certify the person's name to the appropriate election	18642
official not later than four p.m. on the ~~seventy-sixth~~	18643
eighty-sixth day before the day of that general election, or on	18644
the tenth day following the day on which the vacancy occurs,	18645
whichever is later. When the vacancy occurs on or subsequent to	18646
the ~~seventy-sixth~~eighty-sixth day and six or more days prior to	18647
the ~~fortieth~~fiftieth day before the general election, the	18648
appropriate committee may select a person as the party candidate	18649
and certify the person's name, as provided in the preceding	18650
sentence, not later than four p.m. on the tenth day following the	18651
day on which the vacancy occurs. When the vacancy occurs fewer	18652
than six days before the ~~fortieth~~fiftieth day before the general	18653
election, the deadline for filing shall be four p.m. on the	18654
~~thirty-sixth~~forty-sixth day before the general election.	18655
Thereupon the name shall be printed as the party candidate under	18656
proper titles and in the proper place on the proper ballots for	18657
use at the election. If a person has been nominated in a primary	18658
election, the authorized committee of that political party shall	18659
not select and certify a person as the party candidate.	18660

(J) Each person desiring to become an independent candidate	18661
to fill the unexpired term for an office for which a candidate may	18662
be nominated by a political party at a primary election or	18663
pursuant to section 3513.02 of the Revised Code shall file a	18664
statement of candidacy and nominating petition, as provided in	18665
section 3513.261 of the Revised Code, with the appropriate	18666
election official not later than four p.m. on the tenth day	18667
following the day on which the vacancy occurs, provided that when	18668
the vacancy occurs fewer than six days before the ~~fortieth~~	18669
fiftieth day before the general election, the deadline for filing	18670
shall be four p.m. on the ~~thirty-sixth~~forty-sixth day before the	18671
general election. The nominating petition shall contain at least	18672
seven hundred fifty signatures and no more than one thousand	18673
five hundred signatures of qualified electors of the district,	18674
political subdivision, or portion of a political subdivision in	18675
which the office is to be voted upon, or the amount provided for	18676
in section 3513.257 of the Revised Code, whichever is less.	18677

(K) When a person nominated as a candidate by a political	18678
party in a primary election, pursuant to section 3513.02 of the	18679
Revised Code, or by nominating petition for an elective office for	18680
which candidates are nominated at a party primary election	18681
withdraws, dies, or is disqualified under section 3513.052 of the	18682
Revised Code prior to the general election, the appropriate	18683
committee of any other ~~major~~ political party or committee of five	18684
that has not nominated a candidate for that office, or whose	18685
nominee as a candidate for that office has withdrawn, died, or	18686
been disqualified without the vacancy so created having been	18687
filled, may, acting as in the case of a vacancy in a party	18688
nomination or nomination by petition as provided in divisions (A)	18689
to (F) of this section, whichever is appropriate, select a person	18690
as a candidate of that party or of that committee of five for	18691
election to the office.	18692

Sec. 3513.311. (A) If a candidate for lieutenant governor	18693
dies, withdraws, or is disqualified as a candidate prior to the	18694
~~sixtieth~~seventieth day before the day of a primary election, the	18695
vacancy on the ballot shall be filled by appointment by the joint	18696
candidate for the office of governor. Such candidate for governor	18697
shall certify in writing and under oath to the secretary of state	18698
not later than the ~~fifty-fifth~~sixty-fifth day before the day of	18699
such election the name and residence address of the person	18700
selected to fill such vacancy.	18701

(B) If a candidate for governor dies, withdraws, or is	18702
disqualified as a candidate prior to the ~~sixtieth~~seventieth day	18703
before the day of a primary election, the vacancy on the ballot	18704
shall be filled by appointment by the joint candidate for the	18705
office of lieutenant governor. Such candidate for lieutenant	18706
governor shall certify in writing and under oath to the secretary	18707
of state not later than the ~~fifty-fifth~~sixty-fifth day before the	18708
day of such election the name and residence address of the person	18709
selected to fill such vacancy.	18710

(C) If a candidate for the office of lieutenant governor dies	18711
on or after the ~~sixtieth~~seventieth day, but prior to the tenth	18712
day, before a primary election, the vacancy so created shall be	18713
filled by appointment by the joint candidate for the office of	18714
governor. Such candidate for governor shall certify in writing and	18715
under oath to the secretary of state not later than the fifth day	18716
before the day of such election the name and residence address of	18717
the person selected to fill such vacancy.	18718

(D) If a candidate for the office of governor dies on or	18719
after the ~~sixtieth~~seventieth day, but prior to the tenth day,	18720
before a primary election, the vacancy so created shall be filled	18721
by appointment by the joint candidate for the office of lieutenant	18722
governor. Such candidate for lieutenant governor shall certify in	18723
writing and under oath to the secretary of state not later than	18724
the fifth day before the day of such election the name and	18725
residence address of the person selected to fill such vacancy.	18726

(E) If a person nominated in a primary election as a	18727
candidate for election to the office of governor or lieutenant	18728
governor at the next general election withdraws as such candidate	18729
prior to the ~~eightieth~~ninetieth day before the day of the general	18730
election or dies prior to the tenth day before the day of such	18731
general election, the vacancy so created shall be filled in the	18732
manner provided for by section 3513.31 of the Revised Code.	18733

(F) If a person nominated by petition as a candidate for	18734
election to the office of governor or lieutenant governor	18735
withdraws as such candidate prior to the ~~eightieth~~ninetieth day	18736
before the day of the general election or dies prior to the tenth	18737
day before the day of such general election, the vacancy so	18738
created shall be filled by the candidates' committee in the manner	18739
provided for, as in the case of death, by section 3513.31 of the	18740
Revised Code, except that, in the case of withdrawal of candidacy,	18741
the name and residence address of the replacement candidate shall	18742
be certified in writing and under oath to the secretary of state	18743
not later than the ~~seventy-sixth~~eighty-sixth day before the day	18744
of the general election.	18745

(G) If the vacancy in a joint candidacy for governor and	18746
lieutenant governor can be filled in accordance with this section	18747
and is not so filled, the joint candidacy which has not been	18748
vacated shall be invalidated and shall not be presented for	18749
election.	18750

(H) Any replacement candidate appointed or selected pursuant	18751
to this section shall be one who has the qualifications of an	18752
elector.	18753

Sec. 3513.312. (A) Notwithstanding section 3513.31 of the	18754
Revised Code, if a person nominated in a primary election as a	18755
party candidate for the office of representative to congress for	18756
election at the next general election withdraws as such candidate	18757
prior to the ~~eightieth~~ninetieth day before the day of such	18758
general election, or dies prior to the ~~eightieth~~ninetieth day	18759
before the day of such general election, the vacancy in the party	18760
nomination so created shall be filled by a special election held	18761
in accordance with division (B) of this section.	18762

(B) The boards of elections of all the counties contained in	18763
whole or in part within the congressional district in which a	18764
vacancy occurs as described in division (A) of this section shall,	18765
as soon as reasonably practicable, conduct the special election	18766
and give notice of the time and places of holding such election as	18767
provided in section 3501.03 of the Revised Code. Such election	18768
shall be held and conducted and returns thereof made as in the	18769
case of a primary election.	18770

(C) The state shall pay all costs of any special election	18771
held pursuant to this section.	18772

Sec. 3517.01. (A)(1) A political party within the meaning of	18773
Title XXXV of the Revised Code is any group of voters that, at	18774
either of the two most recent regular state ~~election~~elections,	18775
polled for its candidate for any of the offices of governor,	18776
secretary of state, auditor of state, treasurer of state, attorney	18777
general, or United States senator in ~~the~~this state or nominees	18778
for presidential electors at least ~~five~~one per cent of the entire	18779
vote cast for ~~that office~~any of those offices or that filed with	18780
the secretary of state, subsequent to any ~~election~~two successive	18781
regular state elections in which it received less than ~~five~~one	18782
per cent of ~~that~~the vote for any of those offices, a petition	18783
signed by qualified electors equal in number to at least	18784
one-quarter of one per cent of the total vote for governor or	18785
~~nominees for presidential electors~~ at the most recent regular	18786
state election, declaring their intention of organizing a	18787
political party, the name of which shall be stated in the	18788
declaration, and of participating in the succeeding primary	18789
election, held in even-numbered years, that occurs more than ~~one~~	18790
~~hundred twenty~~seventy-five days after the date of filing. No such	18791
group of electors shall assume a name or designation that is	18792
similar, in the opinion of the secretary of state, to that of an	18793
existing political party as to confuse or mislead the voters at	18794
an election. If any political party fails to cast ~~five~~one per	18795
cent of the total vote cast at ~~an election~~two successive regular	18796
state elections for one of the ~~office of governor or president~~	18797
offices specified in this division, it shall cease to be a	18798
political party.	18799

(2) A campaign committee shall be legally liable for any	18800
debts, contracts, or expenditures incurred or executed in its	18801
name.	18802

(B) Notwithstanding the definitions found in section 3501.01	18803
of the Revised Code, as used in this section and sections 3517.08	18804
to 3517.14, 3517.99, and 3517.992 of the Revised Code:	18805

(1) "Campaign committee" means a candidate or a combination	18806
of two or more persons authorized by a candidate under section	18807
3517.081 of the Revised Code to receive contributions and make	18808
expenditures.	18809

(2) "Campaign treasurer" means an individual appointed by a	18810
candidate under section 3517.081 of the Revised Code.	18811

(3) "Candidate" has the same meaning as in division (H) of	18812
section 3501.01 of the Revised Code and also includes any person	18813
who, at any time before or after an election, receives	18814
contributions or makes expenditures or other use of contributions,	18815
has given consent for another to receive contributions or make	18816
expenditures or other use of contributions, or appoints a campaign	18817
treasurer, for the purpose of bringing about the person's	18818
nomination or election to public office. When two persons jointly	18819
seek the offices of governor and lieutenant governor, "candidate"	18820
means the pair of candidates jointly. "Candidate" does not include	18821
candidates for election to the offices of member of a county or	18822
state central committee, presidential elector, and delegate to a	18823
national convention or conference of a political party.	18824

(4) "Continuing association" means an association, other than	18825
a campaign committee, political party, legislative campaign fund,	18826
political contributing entity, or labor organization, that is	18827
intended to be a permanent organization that has a primary purpose	18828
other than supporting or opposing specific candidates, political	18829
parties, or ballot issues, and that functions on a regular basis	18830
throughout the year. "Continuing association" includes	18831
organizations that are determined to be not organized for profit	18832
under subsection 501 and that are described in subsection	18833
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.	18834

(5) "Contribution" means a loan, gift, deposit, forgiveness	18835
of indebtedness, donation, advance, payment, or transfer of funds	18836
or anything of value, including a transfer of funds from an inter	18837
vivos or testamentary trust or decedent's estate, and the payment	18838
by any person other than the person to whom the services are	18839
rendered for the personal services of another person, which	18840
contribution is made, received, or used for the purpose of	18841
influencing the results of an election. Any loan, gift, deposit,	18842
forgiveness of indebtedness, donation, advance, payment, or	18843
transfer of funds or of anything of value, including a transfer of	18844
funds from an inter vivos or testamentary trust or decedent's	18845
estate, and the payment by any campaign committee, political	18846
action committee, legislative campaign fund, political party,	18847
political contributing entity, or person other than the person to	18848
whom the services are rendered for the personal services of	18849
another person, that is made, received, or used by a state or	18850
county political party, other than moneys a state or county	18851
political party receives from the Ohio political party fund	18852
pursuant to section 3517.17 of the Revised Code and the moneys a	18853
state or county political party may receive under sections	18854
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be	18855
considered to be a "contribution" for the purpose of section	18856
3517.10 of the Revised Code and shall be included on a statement	18857
of contributions filed under that section.	18858

"Contribution" does not include any of the following:

18859

(a) Services provided without compensation by individuals	18860
volunteering a portion or all of their time on behalf of a person;	18861

(b) Ordinary home hospitality;

18862

(c) The personal expenses of a volunteer paid for by that	18863
volunteer campaign worker;	18864

(d) Any gift given to a state or county political party	18865
pursuant to section 3517.101 of the Revised Code. As used in	18866
division (B)(5)(d) of this section, "political party" means only a	18867
major political party;	18868

(e) Any contribution as defined in section 3517.1011 of the	18869
Revised Code that is made, received, or used to pay the direct	18870
costs of producing or airing an electioneering communication;	18871

(f) Any gift given to a state or county political party for	18872
the party's restricted fund under division (A)(2) of section	18873
3517.1012 of the Revised Code;	18874

(g) Any gift given to a state political party for deposit in	18875
a Levin account pursuant to section 3517.1013 of the Revised Code.	18876
As used in this division, "Levin account" has the same meaning as	18877
in that section.	18878

(6) "Expenditure" means the disbursement or use of a	18879
contribution for the purpose of influencing the results of an	18880
election or of making a charitable donation under division (G) of	18881
section 3517.08 of the Revised Code. Any disbursement or use of a	18882
contribution by a state or county political party is an	18883
expenditure and shall be considered either to be made for the	18884
purpose of influencing the results of an election or to be made as	18885
a charitable donation under division (G) of section 3517.08 of the	18886
Revised Code and shall be reported on a statement of expenditures	18887
filed under section 3517.10 of the Revised Code. During the thirty	18888
days preceding a primary or general election, any disbursement to	18889
pay the direct costs of producing or airing a broadcast, cable, or	18890
satellite communication that refers to a clearly identified	18891
candidate shall be considered to be made for the purpose of	18892
influencing the results of that election and shall be reported as	18893
an expenditure or as an independent expenditure under section	18894
3517.10 or 3517.105 of the Revised Code, as applicable, except	18895
that the information required to be reported regarding	18896
contributors for those expenditures or independent expenditures	18897
shall be the same as the information required to be reported under	18898
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.	18899

As used in this division, "broadcast, cable, or satellite	18900
communication" and "refers to a clearly identified candidate" have	18901
the same meanings as in section 3517.1011 of the Revised Code.	18902

(7) "Personal expenses" includes, but is not limited to,	18903
ordinary expenses for accommodations, clothing, food, personal	18904
motor vehicle or airplane, and home telephone.	18905

(8) "Political action committee" means a combination of two	18906
or more persons, the primary or major purpose of which is to	18907
support or oppose any candidate, political party, or issue, or to	18908
influence the result of any election through express advocacy, and	18909
that is not a political party, a campaign committee, a political	18910
contributing entity, or a legislative campaign fund. "Political	18911
action committee" does not include either of the following:	18912

(a) A continuing association that makes disbursements for the	18913
direct costs of producing or airing electioneering communications	18914
and that does not engage in express advocacy;	18915

(b) A political club that is formed primarily for social	18916
purposes and that consists of one hundred members or less, has	18917
officers and periodic meetings, has less than two thousand five	18918
hundred dollars in its treasury at all times, and makes an	18919
aggregate total contribution of one thousand dollars or less per	18920
calendar year.	18921

(9) "Public office" means any state, county, municipal,	18922
township, or district office, except an office of a political	18923
party, that is filled by an election and the offices of United	18924
States senator and representative.	18925

(10) "Anything of value" has the same meaning as in section	18926
1.03 of the Revised Code.	18927

(11) "Beneficiary of a campaign fund" means a candidate, a	18928
public official or employee for whose benefit a campaign fund	18929
exists, and any other person who has ever been a candidate or	18930
public official or employee and for whose benefit a campaign fund	18931
exists.	18932

(12) "Campaign fund" means money or other property, including	18933
contributions.	18934

(13) "Public official or employee" has the same meaning as in	18935
section 102.01 of the Revised Code.	18936

(14) "Caucus" means all of the members of the house of	18937
representatives or all of the members of the senate of the general	18938
assembly who are members of the same political party.	18939

(15) "Legislative campaign fund" means a fund that is	18940
established as an auxiliary of a state political party and	18941
associated with one of the houses of the general assembly.	18942

(16) "In-kind contribution" means anything of value other	18943
than money that is used to influence the results of an election or	18944
is transferred to or used in support of or in opposition to a	18945
candidate, campaign committee, legislative campaign fund,	18946
political party, political action committee, or political	18947
contributing entity and that is made with the consent of, in	18948
coordination, cooperation, or consultation with, or at the request	18949
or suggestion of the benefited candidate, committee, fund, party,	18950
or entity. The financing of the dissemination, distribution, or	18951
republication, in whole or part, of any broadcast or of any	18952
written, graphic, or other form of campaign materials prepared by	18953
the candidate, the candidate's campaign committee, or their	18954
authorized agents is an in-kind contribution to the candidate and	18955
an expenditure by the candidate.	18956

(17) "Independent expenditure" means an expenditure by a	18957
person advocating the election or defeat of an identified	18958
candidate or candidates, that is not made with the consent of, in	18959
coordination, cooperation, or consultation with, or at the request	18960
or suggestion of any candidate or candidates or of the campaign	18961
committee or agent of the candidate or candidates. As used in	18962
division (B)(17) of this section:	18963

(a) "Person" means an individual, partnership, unincorporated	18964
business organization or association, political action committee,	18965
political contributing entity, separate segregated fund,	18966
association, or other organization or group of persons, but not a	18967
labor organization or a corporation unless the labor organization	18968
or corporation is a political contributing entity.	18969

(b) "Advocating" means any communication containing a message	18970
advocating election or defeat.	18971

(c) "Identified candidate" means that the name of the	18972
candidate appears, a photograph or drawing of the candidate	18973
appears, or the identity of the candidate is otherwise apparent by	18974
unambiguous reference.	18975

(d) "Made in coordination, cooperation, or consultation with,	18976
or at the request or suggestion of, any candidate or the campaign	18977
committee or agent of the candidate" means made pursuant to any	18978
arrangement, coordination, or direction by the candidate, the	18979
candidate's campaign committee, or the candidate's agent prior to	18980
the publication, distribution, display, or broadcast of the	18981
communication. An expenditure is presumed to be so made when it is	18982
any of the following:	18983

(i) Based on information about the candidate's plans,	18984
projects, or needs provided to the person making the expenditure	18985
by the candidate, or by the candidate's campaign committee or	18986
agent, with a view toward having an expenditure made;	18987

(ii) Made by or through any person who is, or has been,	18988
authorized to raise or expend funds, who is, or has been, an	18989
officer of the candidate's campaign committee, or who is, or has	18990
been, receiving any form of compensation or reimbursement from the	18991
candidate or the candidate's campaign committee or agent;	18992

(iii) Except as otherwise provided in division (D) of section	18993
3517.105 of the Revised Code, made by a political party in support	18994
of a candidate, unless the expenditure is made by a political	18995
party to conduct voter registration or voter education efforts.	18996

(e) "Agent" means any person who has actual oral or written	18997
authority, either express or implied, to make or to authorize the	18998
making of expenditures on behalf of a candidate, or means any	18999
person who has been placed in a position with the candidate's	19000
campaign committee or organization such that it would reasonably	19001
appear that in the ordinary course of campaign-related activities	19002
the person may authorize expenditures.	19003

(18) "Labor organization" means a labor union; an employee	19004
organization; a federation of labor unions, groups, locals, or	19005
other employee organizations; an auxiliary of a labor union,	19006
employee organization, or federation of labor unions, groups,	19007
locals, or other employee organizations; or any other bona fide	19008
organization in which employees participate and that exists for	19009
the purpose, in whole or in part, of dealing with employers	19010
concerning grievances, labor disputes, wages, hours, and other	19011
terms and conditions of employment.	19012

(19) "Separate segregated fund" means a separate segregated	19013
fund established pursuant to the Federal Election Campaign Act.	19014

(20) "Federal Election Campaign Act" means the "Federal	19015
Election Campaign Act of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et	19016
seq., as amended.	19017

(21) "Restricted fund" means the fund a state or county	19018
political party must establish under division (A)(1) of section	19019
3517.1012 of the Revised Code.	19020

(22) "Electioneering communication" has the same meaning as	19021
in section 3517.1011 of the Revised Code.	19022

(23) "Express advocacy" means a communication that contains	19023
express words advocating the nomination, election, or defeat of a	19024
candidate or that contains express words advocating the adoption	19025
or defeat of a question or issue, as determined by a final	19026
judgment of a court of competent jurisdiction.	19027

(24) "Political committee" has the same meaning as in section	19028
3517.1011 of the Revised Code.	19029

(25) "Political contributing entity" means any entity,	19030
including a corporation or labor organization, that may lawfully	19031
make contributions and expenditures and that is not an individual	19032
or a political action committee, continuing association, campaign	19033
committee, political party, legislative campaign fund, designated	19034
state campaign committee, or state candidate fund. For purposes of	19035
this division, "lawfully" means not prohibited by any section of	19036
the Revised Code, or authorized by a final judgment of a court of	19037
competent jurisdiction.	19038

Sec. 3517.012. When a petition meeting the requirements of	19039
section 3517.01 of the Revised Code declaring the intention to	19040
organize a political party is filed with the secretary of state,	19041
the new party comes into legal existence on the date of filing and	19042
is entitled to hold a primary election as set out in section	19043
3513.01 of the Revised Code, at the primary election, held in	19044
even-numbered years that occurs more than ~~one hundred twenty~~	19045
seventy-five days after the date of filing. If the secretary of	19046
state determines that the petition is invalid or insufficient, no	19047
primary election shall be held for the political party named in	19048
the petition, and any declaration of candidacy that was filed by	19049
any candidate seeking that party's nomination at the primary	19050
election shall be invalid.	19051

Sec. 3517.02. All members of controlling committees of a	19052
major ~~or intermediate~~ political party shall be elected by direct	19053
vote of the members of the party, except as otherwise provided in	19054
section 3517.05 of the Revised Code. Their names shall be placed	19055
upon the official ballot, and, notwithstanding division (B) of	19056
section 3513.23 of the Revised Code, the persons receiving the	19057
highest number of votes for committeepersons shall be the members	19058
of those controlling committees. Each member of a controlling	19059
committee shall be a resident and qualified elector of the	19060
district, ward, or precinct that the member is elected to	19061
represent. All members of controlling committees of a minor	19062
political party shall be determined in accordance with party	19063
rules.	19064

Each political party shall file with the office of the	19065
secretary of state a copy of its constitution and bylaws, if any,	19066
within thirty days of adoption or amendment. Each party shall also	19067
file with the office of the secretary of state a list of members	19068
of its controlling committees and other party officials within	19069
thirty days of their election or appointment.	19070

Sec. 3517.03. The controlling committees of each major	19071
political party or organization shall be a state central committee	19072
consisting of two members, one a man and one a woman, representing	19073
either each congressional district in the state or each senatorial	19074
district in the state, as the outgoing committee determines; a	19075
county central committee consisting of one member from each	19076
election precinct in the county, or of one member from each ward	19077
in each city and from each township in the county, as the outgoing	19078
committee determines; and such district, city, township, or other	19079
committees as the rules of the party provide.	19080

All the members of such committees shall be members of the	19081
party and shall be elected for terms of either two or four years,	19082
as determined by party rules, by direct vote at the primary held	19083
in an even-numbered year. Except as otherwise provided in section	19084
3517.02 of the Revised Code, candidates for election as state	19085
central committee members shall be elected at primaries in the	19086
same manner as provided in sections 3513.01 to 3513.32 of the	19087
Revised Code for the nomination of candidates for office in a	19088
county. Candidates for election as members of the county central	19089
committee shall be elected at primaries in the same manner as	19090
provided in those sections for the nomination of candidates for	19091
county offices, except as otherwise provided in sections 3513.051	19092
and 3517.02 of the Revised Code.	19093

Each major party controlling committee shall elect an	19094
executive committee that shall have the powers granted to it by	19095
the party controlling committee, and provided to it by law. When a	19096
judicial, senatorial, or congressional district is comprised of	19097
more than one county, the chairperson and secretary of the county	19098
central committee from each county in that district shall	19099
constitute the judicial, senatorial, or congressional committee of	19100
the district. When a judicial, senatorial, or congressional	19101
district is included within a county, the county central committee	19102
shall constitute the judicial, senatorial, or congressional	19103
committee of the district.	19104

~~The controlling committee of each intermediate political~~	19105
~~party or organization shall be a state central committee~~	19106
~~consisting of two members, one a man and one a woman, from each~~	19107
~~congressional district in the state. All members of the committee~~	19108
~~shall be members of the party and shall be elected by direct vote~~	19109
~~at the primary held in the even-numbered years. Except as~~	19110
~~otherwise provided in section 3517.02 of the Revised Code,~~	19111
~~candidates for election shall be elected at the primary in the~~	19112
~~same manner as provided in sections 3513.01 to 3513.32 of the~~	19113
~~Revised Code. An intermediate political party may have such other~~	19114
~~party organization as its rules provide. Each intermediate party~~	19115
~~shall file the names and addresses of its officers with the~~	19116
~~secretary of state.~~	19117

A minor political party may elect controlling committees at a	19118
primary election in the even-numbered year by filing a plan for	19119
party organization with the secretary of state on or before the	19120
ninetieth day before the day of the primary election. The plan	19121
shall specify which offices are to be elected and provide the	19122
procedure for qualification of candidates for those offices.	19123
Candidates to be elected pursuant to the plan shall be designated	19124
and qualified on or before the ninetieth day before the day of the	19125
election. Such parties may, in lieu of electing a controlling	19126
committee or other officials, choose such committee or other	19127
officials in accordance with party rules. Each such party shall	19128
file the names and addresses of members of its controlling	19129
committee and party officers with the secretary of state.	19130

Sec. 3519.08. (A) Notwithstanding division (I)(2) of	19131
section 3501.38 of the Revised Code, at any time prior to the	19132
~~sixtieth~~seventieth day before the day of an election at which an	19133
initiative or referendum is scheduled to appear on the ballot, a	19134
majority of the members of the committee named to represent the	19135
petitioners in the petition proposing that initiative or	19136
referendum under section 3519.02 of the Revised Code may withdraw	19137
the petition by giving written notice of the withdrawal to the	19138
secretary of state.	19139

(B) After a majority of the members of the committee named to	19140
represent the petitioners gives notice to the secretary of state	19141
that the petition proposing the initiative or referendum is	19142
withdrawn under division (A) of this section, all of the following	19143
shall apply:	19144

(1) If the Ohio ballot board has not already certified the	19145
ballot language at the time a majority of the members of the	19146
committee gives the written notice of withdrawal, the board shall	19147
not certify ballot language for that proposed initiative or	19148
referendum to the secretary of state.	19149

(2) The secretary of state shall not certify a ballot form or	19150
wording to the boards of elections under sections 3501.05 and	19151
3505.01 of the Revised Code that includes ballot language for that	19152
proposed initiative or referendum.	19153

(3) The proposed initiative or referendum shall not appear on	19154
the ballot.	19155

(C) No petition that has been filed, and subsequently	19156
withdrawn under this section, may be resubmitted.	19157

Sec. 3519.16. The circulator of any part-petition, the	19158
committee interested in the petition, or any elector may file with	19159
the board of elections a protest against the board's findings made	19160
pursuant to section 3519.15 of the Revised Code. Protests shall be	19161
in writing and shall specify reasons for the protest. Protests for	19162
all initiative and referendum petitions other than those to be	19163
voted on by electors throughout the entire state shall be filed	19164
not later than four p.m. of the ~~sixty-fourth~~seventy-fourth day	19165
before the day of the election. Once a protest is filed, the board	19166
shall proceed to establish the sufficiency or insufficiency of the	19167
signatures and of the verification of those signatures in an	19168
action before the court of common pleas in the county. The action	19169
shall be brought within three days after the protest is filed, and	19170
it shall be heard forthwith by a judge of that court, whose	19171
decision shall be certified to the board. The signatures that are	19172
adjudged sufficient or the part-petitions that are adjudged	19173
properly verified shall be included with the others by the board,	19174
and those found insufficient and all those part-petitions that	19175
are adjudged not properly verified shall not be included.	19176

The properly verified part-petitions, together with the	19177
report of the board, shall be returned to the secretary of state	19178
not less than ~~fifty~~sixty days before the election, provided that,	19179
in the case of an initiated law to be presented to the general	19180
assembly, the boards shall promptly check and return the petitions	19181
together with their report. The secretary of state shall notify	19182
the chairperson of the committee in charge of the circulation as	19183
to the sufficiency or insufficiency of the petition and the extent	19184
of the insufficiency.	19185

If the petition is found insufficient because of an	19186
insufficient number of valid signatures, the committee shall be	19187
allowed ten additional days after the notification by the	19188
secretary of state for the filing of additional signatures to the	19189
petition. The part-petitions of the supplementary petition that	19190
appear to the secretary of state to be properly verified, upon	19191
their receipt by the secretary of state, shall forthwith be	19192
forwarded to the boards of the several counties together with the	19193
part-petitions of the original petition that have been properly	19194
verified. They shall be immediately examined and passed upon as to	19195
the validity and sufficiency of the signatures on them by each of	19196
the boards and returned within five days to the secretary of state	19197
with the report of each board. No signature on a supplementary	19198
part-petition that is the same as a signature on an original	19199
part-petition shall be counted. The number of signatures in both	19200
the original and supplementary petitions, properly verified, shall	19201
be used by the secretary of state in determining the total number	19202
of signatures to the petition that the secretary of state shall	19203
record and announce. If they are sufficient, the amendment,	19204
proposed law, or law shall be placed on the ballot as required by	19205
law. If the petition is found insufficient, the secretary of state	19206
shall notify the committee in charge of the circulation of the	19207
petition.	19208

Sec. 3521.03. When a vacancy in the office of	19209
representative to congress occurs, the governor, upon	19210
satisfactory information thereof, shall issue a writ of election	19211
directing that a special election be held to fill such vacancy in	19212
the territory entitled to fill it on a day specified in the writ.	19213
Such writ shall be directed to the board of elections within such	19214
territory which shall give notice of the time and places of	19215
holding such election as provided in section 3501.03 of the	19216
Revised Code. Such election shall be held and conducted and	19217
returns thereof made as in case of a regular state election or	19218
may be conducted as an election by mail under Chapter 3507. of the	19219
Revised Code. The state shall pay all costs of any special	19220
election held under this section.	19221

Sec. 3599.30. (A) No person, organization, or political	19222
party shall compile lists of voters to challenge on the sole	19223
basis of any of the following:	19224

(1) Mail that was returned as undeliverable;

19225

(2) In the case of registered, certified, or other tracked	19226
delivery, mail the receipt of which was not acknowledged by the	19227
intended recipient;	19228

(3) Locations that have been the subject of foreclosure;

19229

(4) Discrepancies identified by means of comparing, matching,	19230
or otherwise analyzing a voter registration list with any other	19231
database other than those expressly prescribed by Title XXXV of	19232
the Revised Code or federal law.	19233

(B) Whoever violates division (A) of this section is guilty	19234
of a felony of the fourth degree. If the violator is an	19235
organization or political party, the organization or political	19236
party shall be fined five hundred dollars per name compiled in	19237
violation of that division, in addition to any other penalties	19238
that may be imposed. The fine imposed under this division shall be	19239
remitted to the treasurer of state for use of the office of the	19240
secretary of state.	19241

19242

(1) "Organization" means any for-profit or nonprofit entity	19243
that is not a political party.	19244

(2) "Political party" means any local, state, or national	19245
affiliate of a major or minor political party, as well as any	19246
subcontractor, vendor, or other individual acting on behalf of a	19247
political party.	19248

Sec. 3709.051. Two or more contiguous city health districts	19249
may be united to form a single city health district by a majority	19250
affirmative vote of the legislative authority of each city	19251
affected by the union.	19252

If at least three per cent of the qualified electors residing	19253
within each of two or more contiguous city health districts sign a	19254
petition proposing a union into a single city health district, an	19255
election shall be held as provided in this section to determine	19256
whether a single city health district shall be formed. The	19257
petition for union may specify regarding the board of health of	19258
the new district:	19259

(A) The qualifications for membership;

19260

(B) The term of office;

19261

(C) The number of members or a method by which the number may	19262
be determined from time to time;	19263

(D) The method of appointment.

19264

Such petition shall be filed with the boards of county	19265
commissioners of the respective counties affected, subject to	19266
approval of the director of health, and such boards shall promptly	19267
certify the text of the proposal to the boards of election for the	19268
purpose of having the proposal placed on the ballot at the next	19269
general election occurring more than ~~seventy-five~~eighty-five days	19270
after such certification. The election procedures provided in	19271
Chapter 3505. of the Revised Code for questions and issues shall	19272
apply to the election. If a majority of the electors voting on the	19273
proposal in each of the health districts affected vote in favor	19274
thereof, the union of such districts into a single city health	19275
district shall be established on the second succeeding first day	19276
of January.	19277

Sec. 3709.071. If at least three per cent of the qualified	19278
electors residing within each of one or more city health districts	19279
and a general health district sign a petition for union into a	19280
single general health district, an election shall be held as	19281
provided in this section to determine whether a single general	19282
health district shall be formed. The petition for union may	19283
specify regarding the board of health of the new district:	19284

(A) The qualifications for membership;

19285

(B) The term of office;

19286

(C) The number of members or a method by which the number may	19287
be determined from time to time;	19288

(D) The method of appointment.

19289

Such petition shall be filed with the boards of county	19290
commissioners of the respective counties affected, subject to	19291
approval of the director of health, and such boards shall promptly	19292
certify the text of the proposal to the boards of election for the	19293
purpose of having the proposal placed on the ballot at the next	19294
general election occurring more than ~~seventy-five~~eighty-five days	19295
after the filing of the petition with the boards of election. The	19296
election procedures provided in Chapter 3505. of the Revised Code	19297
for questions and issues shall be followed. If a majority of the	19298
electors voting on the proposal in each of the health districts	19299
affected vote in favor thereof, the union of such districts into a	19300
single general health district shall be established on the second	19301
succeeding January 1.	19302

When the establishment of a combined health district has been	19303
approved by the electors of a general health district and one or	19304
more city health districts, the ~~chairman~~chairperson of the	19305
district advisory council and the chief executive of each city	19306
uniting with the general health district shall enter into a	19307
contract for the administration of health affairs in the combined	19308
district. Such contract shall conform to the provisions of section	19309
3709.07 of the Revised Code regarding the contract for the	19310
administration of health affairs in a combined district, except	19311
that the date of the change of administration shall be as provided	19312
in this section and except for the specifications as to the board	19313
of health of the new district contained in the petition and	19314
submitted to the electors in the proposal to establish such	19315
district.	19316

Sec. 3709.29. If the estimated amount of money necessary to	19317
meet the expenses of a general health district program will not be	19318
forthcoming to the board of health of such district out of the	19319
district health fund because the taxes within the ten-mill	19320
limitation will be insufficient, the board of health shall certify	19321
the fact of such insufficiency to the board of county	19322
commissioners of the county in which such district is located.	19323
Such board of county commissioners is hereby ordained to be a	19324
special taxing authority for the purposes of this section only,	19325
and, notwithstanding any other law to the contrary, the board of	19326
county commissioners of any county in which a general health	19327
district is located is the taxing authority for such special levy	19328
outside the ten-mill limitation. The board of county commissioners	19329
shall thereupon, in the year preceding that in which such health	19330
program will be effective, by vote of two-thirds of all the	19331
members of that body, declare by resolution that the amount of	19332
taxes which may be raised within the ten-mill limitation will be	19333
insufficient to provide an adequate amount for the necessary	19334
requirements of such district within the county, and that it is	19335
necessary to levy a tax in excess of such limitation in order to	19336
provide the board of health with sufficient funds to carry out	19337
such health program. Such resolution shall be filed with the board	19338
of elections not later than four p.m. of the ~~seventy-fifth~~	19339
eighty-fifth day before the day of election.	19340

Such resolution shall specify the amount of increase in rate	19341
which it is necessary to levy and the number of years during which	19342
such increase shall be in effect, which shall not be for a longer	19343
period than ten years.	19344

The resolution shall conform to section 5705.191 of the	19345
Revised Code and be certified and submitted in the manner provided	19346
in section 5705.25 of the Revised Code, provided that the proposal	19347
shall be placed on the ballot at the next primary or general	19348
election occurring more than ~~seventy-five~~eighty-five days after	19349
the resolution is filed with the board of elections.	19350

Sec. 3767.05. (A) The civil action provided for in section	19351
3767.03 of the Revised Code shall be set down for trial at the	19352
earliest possible time and shall have precedence over all other	19353
cases except those involving crimes, election contests, or	19354
injunctions regardless of the position of the proceedings on the	19355
calendar of the court. In the civil action, evidence of the	19356
general reputation of the place where the nuisance is alleged to	19357
exist or an admission or finding of guilt of any person under the	19358
criminal laws against prostitution, lewdness, assignation, or	19359
other prohibited conduct at the place is admissible for the	19360
purpose of proving the existence of the nuisance and is	19361
prima-facie evidence of the nuisance and of knowledge of and of	19362
acquiescence and participation in the nuisance on the part of the	19363
person charged with maintaining it.	19364

(B) If the complaint for the permanent injunction is filed by	19365
a person who is a citizen of the county, it shall not be dismissed	19366
unless the complainant and the complainant's attorney submit a	19367
sworn statement setting forth the reasons why the civil action	19368
should be dismissed and the dismissal is approved by the	19369
prosecuting attorney in writing or in open court. If the person	19370
who files the complaint for the permanent ~~injuction~~injunction is	19371
a citizen of the county, if that person refuses or otherwise fails	19372
to prosecute the complaint to judgment, and if the civil action is	19373
not dismissed pursuant to this division, then, with the approval	19374
of the court, the attorney general, the prosecuting attorney of	19375
the county in which the nuisance exists, or the village solicitor,	19376
city director of law, or other similar chief legal officer of the	19377
municipal corporation in which the nuisance exists, may be	19378
substituted for the complainant and prosecute the civil action to	19379
judgment.	19380

(C) If the civil action is commenced by a person who is a	19381
citizen of the county where the nuisance is alleged to exist and	19382
the court finds that there were no reasonable grounds or cause for	19383
the civil action, the costs may be taxed to that person.	19384

(D) If the existence of the nuisance is established upon the	19385
trial of the civil action, a judgment shall be entered that	19386
perpetually enjoins the defendant and any other person from	19387
further maintaining the nuisance at the place complained of and	19388
the defendant from maintaining the nuisance elsewhere.	19389

(E) If the court finds that a nuisance described in division	19390
(C)(3) of section 3767.01 of the Revised Code exists, the court	19391
shall order the nuisance to be abated, and, in entering judgment	19392
for nuisance, the court shall do all of the following:	19393

(1) Specify that judgment is entered pursuant to division (E)	19394
of this section;	19395

(2) Order that no beer or intoxicating liquor may be	19396
manufactured, sold, bartered, possessed, kept, or stored in the	19397
room, house, building, structure, place, boat, or vehicle or any	19398
part thereof. The court need not find that the property was being	19399
unlawfully used at the time of the hearing on the matter if the	19400
court finds there existed a nuisance as described in division	19401
(C)(3) of section 3767.01 of the Revised Code.	19402

(3) Order that the room, house, building, boat, vehicle,	19403
structure, or place not be occupied or used for one year after the	19404
judgment is rendered. The court may permit the premises to be	19405
occupied by a person other than the defendant or a business	19406
affiliate of the defendant in the nuisance action, or an agent of,	19407
or entity owned in whole or part by, the defendant, if the person,	19408
lessee, tenant, or occupant of the location posts a bond with	19409
sufficient surety, to be approved by the court issuing the order,	19410
in the sum of not less than one thousand nor more than five	19411
thousand dollars, payable to the state of Ohio, on the condition	19412
that no beer or intoxicating liquor thereafter shall be	19413
manufactured, sold, bartered, possessed, kept, stored,	19414
transported, or otherwise disposed of on the premises, and the	19415
person agrees to pay all fines, costs, and damages that may be	19416
assessed for a violation. A reasonable sum shall be allowed an	19417
officer by the issuing court for the cost of closing and keeping	19418
closed the premises that is the subject of the nuisance action.	19419

(4) Send notice of the judgment entered to the division of	19420
liquor control, the liquor control commission, and the liquor	19421
enforcement division of the department of public safety.	19422

(F) A defendant found to have maintained a nuisance as	19423
described in division (C)(3) of section 3767.01 of the Revised	19424
Code also is subject to liability and penalties under sections	19425
4301.74 and 4399.09 of the Revised Code. The abatement of a	19426
nuisance under section 4399.09 of the Revised Code is in addition	19427
to and does not prevent the abatement of a nuisance under division	19428
(D) or (E) of this section.	19429

(G) If a court enters judgment pursuant to division (D) or	19430
(E) of this section finding that a nuisance exists at a liquor	19431
permit premises or as a result of the operation of a liquor permit	19432
premises, except in the case of a nuisance found as a result of a	19433
violation of a local zoning ordinance or resolution, the certified	19434
copy of the judgment required under division (A) of section	19435
4301.331 of the Revised Code shall be filed with the board of	19436
elections in the county in which the nuisance exists, not later	19437
than four p.m. of the ~~seventy-fifth~~eighty-fifth day before the	19438
day of the next general or primary election. However, no election	19439
shall be conducted on sales at the liquor permit premises under	19440
section 4301.352 of the Revised Code until all appeals on the	19441
judgment are resolved. The court of appeals shall render a	19442
decision on any appeal of the judgment within six months after the	19443
date of the filing of the appeal of the judgment with the clerk of	19444
the court of appeals, and the supreme court shall render a	19445
decision on any appeal of the judgment within six months after the	19446
date of the filing of the appeal of the judgment with the clerk of	19447
the supreme court.	19448

Sec. 3769.27. (A) If a petition is presented, not later than	19449
four p.m. of the ~~seventy-fifth~~eighty-fifth day before the day of	19450
a general or primary election, to the board of elections of any	19451
county, signed by qualified electors of the county equal in number	19452
to at least ten per cent of the total number of votes cast in the	19453
county for the office of governor at the preceding general	19454
election for that office, but signed by at least five hundred	19455
electors, requesting that there be submitted the question "shall	19456
satellite facilities that receive simulcasts of live horse races	19457
and that conduct wagering on those simulcasts be prohibited	19458
throughout this county for a period of ....... (not to exceed	19459
five) years?", the board of elections shall submit this question	19460
to the electors of the county on the day of the next general or	19461
primary election, whichever occurs first, in the manner provided	19462
by law for the submission of questions and issues. The board of	19463
elections shall notify the state racing commission of the results	19464
of the election on the question.	19465

(B) If a majority of the electors voting on the question set	19466
forth in division (A) of this section vote "yes," the state racing	19467
commission shall have no jurisdiction thereafter to approve	19468
satellite facilities in that county for the number of years, not	19469
exceeding five, specified in the petition. If a majority of the	19470
electors voting on the question set forth in division (A) of this	19471
section vote "no," this question shall not again be submitted to a	19472
vote in the county until the expiration of the time set forth in	19473
the petition. When the board of elections of any county has	19474
received a petition and accepted it as valid, it shall so notify	19475
the commission and the commission shall not approve a satellite	19476
facility in that county between this notification and the day of	19477
the general or primary election.	19478

(C) Once a proposed satellite facility receives the approval	19479
of the appropriate local legislative authority, a petition seeking	19480
an election under this section in the county where the proposed	19481
satellite facility will be located is invalid unless the date of	19482
signing of each signature on the petition that is counted by the	19483
board of elections to meet the number of signatures required by	19484
division (A) of this section is a date within ninety days after	19485
the date of the approval of the appropriate local legislative	19486
authority for the proposed satellite facility.	19487

Sec. 4301.33. (A) The board of elections shall provide to a	19488
petitioner circulating a petition for an election for the	19489
submission of one or more of the questions specified in divisions	19490
(A) to (D) of section 4301.35 or section 4301.351 of the Revised	19491
Code, at the time of taking out the petition, the names of the	19492
streets and, if appropriate, the address numbers of residences and	19493
business establishments within the precinct in which the election	19494
is sought, and a form prescribed by the secretary of state for	19495
notifying affected permit holders and liquor agency stores of the	19496
circulation of a petition for an election for the submission of	19497
one or more of the questions specified in divisions (A) to (D) of	19498
section 4301.35 or section 4301.351 of the Revised Code. The	19499
petitioner shall, not less than ~~forty-five~~fifty-five days before	19500
the petition-filing deadline for the election, as provided in this	19501
section, file with the division of liquor control the information	19502
regarding names of streets and, if appropriate, address numbers of	19503
residences and business establishments provided by the board of	19504
elections, and specify to the division the precinct that is	19505
concerned and that would be affected by the results of the	19506
election and the filing deadline. The division shall, within a	19507
reasonable period of time and not later than ~~fifteen~~twenty-five	19508
days before the filing deadline, supply the petitioner with a list	19509
of the names and addresses of permit holders and liquor agency	19510
stores, if any, that would be affected by the election. The list	19511
shall contain a heading with the following words: "Liquor permit	19512
holders and liquor agency stores that would be affected by the	19513
question(s) set forth on petition for a local option election."	19514

Within five days after a petitioner has received from the	19515
division the list of liquor permit holders and liquor agency	19516
stores, if any, that would be affected by the question or	19517
questions set forth on a petition for local option election, the	19518
petitioner shall, using the form provided by the board of	19519
elections, notify by certified mail each permit holder and liquor	19520
agency store whose name appears on that list. The form for	19521
notifying affected permit holders and liquor agency stores shall	19522
require the petitioner to state the petitioner's name and street	19523
address and shall contain a statement that a petition is being	19524
circulated for an election for the submission of the question or	19525
questions specified in divisions (A) to (D) of section 4301.35 or	19526
section 4301.351 of the Revised Code. The form shall require the	19527
petitioner to state the question or questions to be submitted as	19528
they appear on the petition.	19529

The petitioner shall attach a copy of the list provided by	19530
the division to each petition paper. A part petition paper	19531
circulated at any time without the list of affected permit holders	19532
and liquor agency stores attached to it is invalid.	19533

At the time the petitioner files the petition with the board	19534
of elections, the petitioner shall provide to the board the list	19535
supplied by the division and an affidavit certifying that the	19536
petitioner notified all affected permit holders and liquor agency	19537
stores, if any, on the list in the manner and within the time	19538
required in this section and that, at the time each signer of the	19539
petition affixed the signer's signature to the petition, the	19540
petition paper contained a copy of the list of affected permit	19541
holders and liquor agency stores.	19542

Within five days after receiving a petition calling for an	19543
election for the submission of one or more of the questions	19544
specified in divisions (A) to (D) of section 4301.35 or section	19545
4301.351 of the Revised Code, the board shall give notice by	19546
certified mail that it has received the petition to all liquor	19547
permit holders and liquor agency stores, if any, whose names	19548
appear on the list of affected permit holders and liquor agency	19549
stores filed by the petitioner. Failure of the petitioner to	19550
supply the affidavit required by this section and a complete and	19551
accurate list of liquor permit holders and liquor agency stores,	19552
if any, invalidates the entire petition. The board of elections	19553
shall provide to a permit holder or liquor agency store that would	19554
be affected by a proposed local option election, on the permit	19555
holder's or liquor agency store's request, the names of the	19556
streets, and, if appropriate, the address numbers of residences	19557
and business establishments within the precinct in which the	19558
election is sought that would be affected by the results of the	19559
election. The board may charge a reasonable fee for this	19560
information when provided to the petitioner and the permit holder	19561
or liquor agency store.	19562

(B) Upon the presentation of a petition, not later than four	19563
p.m. of the ~~seventy-fifth~~eighty-fifth day before the day of a	19564
general or primary election, to the board of elections of the	19565
county where the precinct is located, designating whether it is a	19566
petition for an election for the submission of one or more of the	19567
questions specified in section 4301.35 of the Revised Code, or a	19568
petition for the submission of one or more of the questions	19569
specified in section 4301.351 of the Revised Code, designating the	19570
particular question or questions specified in section 4301.35 or	19571
4301.351 of the Revised Code that are to be submitted, and signed	19572
by the qualified electors of the precinct concerned, equal in	19573
number to thirty-five per cent of the total number of votes cast	19574
in the precinct concerned for the office of governor at the	19575
preceding general election for that office, the board shall submit	19576
the question or questions specified in the petition to the	19577
electors of the precinct concerned, on the day of the next general	19578
or primary election, whichever occurs first and shall proceed as	19579
follows:	19580

(1) Such board shall, not later than the ~~sixty-eighth~~	19581
seventy-eighth day before the day of the election for which the	19582
question or questions on the petition would qualify for submission	19583
to the electors of the precinct, examine and determine the	19584
sufficiency of the signatures and review, examine, and determine	19585
the validity of the petition and, in case of overlapping precinct	19586
petitions presented within that period, determine which of the	19587
petitions shall govern the further proceedings of the board. In	19588
the case where the board determines that two or more overlapping	19589
petitions are valid, the earlier filed petition shall govern. The	19590
board shall certify the sufficiency and validity of any petition	19591
determined to be valid. The board shall determine the validity of	19592
the petition as of the time of certification as described in this	19593
division.	19594

(2) If a petition is sufficient, and, in case of overlapping	19595
precinct petitions, after the board has determined the governing	19596
petition, the board to which the petition has been presented shall	19597
order the holding of a special election in the precinct for the	19598
submission of whichever of the questions specified in section	19599
4301.35 or 4301.351 of the Revised Code are designated in the	19600
petition, on the day of the next general or primary election,	19601
whichever occurs first.	19602

(3) All petitions filed with a board of elections under this	19603
section shall be open to public inspection under rules adopted by	19604
the board.	19605

(4) Protest against local option petitions may be filed by	19606
any elector eligible to vote on the question or questions	19607
described in the petitions or by a permit holder or liquor agency	19608
store in the precinct as described in the petitions, not later	19609
than four p.m. of the ~~sixty-fourth~~seventy-fourth day before the	19610
day of the general or primary election for which the petition	19611
qualified. The protest shall be in writing and shall be filed with	19612
the election officials with whom the petition was filed. Upon	19613
filing of the protest, the election officials with whom it is	19614
filed shall promptly fix the time for hearing it, and shall mail	19615
notice of the filing of the protest and the time and place for	19616
hearing it to the person who filed the petition and to the person	19617
who filed the protest. At the time and place fixed, the election	19618
officials shall hear the protest and determine the validity of the	19619
petition.	19620

Sec. 4301.331. (A) The privilege of local option conferred	19621
by section 4301.321 of the Revised Code shall be exercised if a	19622
certified copy of the judgment issued pursuant to division (D) or	19623
(E) of section 3767.05 of the Revised Code that is the basis for	19624
the exercise of the local option privilege is filed pursuant to	19625
division (G) of section 3767.05 of the Revised Code indicating	19626
that a liquor permit premises has been adjudged a nuisance. The	19627
certified copy of the judgment shall be filed in accordance with	19628
this section by the person or public official who brought the	19629
action under section 3763.03 of the Revised Code.	19630

(B) The certified copy of the judgment prescribed under	19631
division (A) of this section shall be filed with the board of	19632
elections of the county in which the nuisance was adjudged to	19633
exist pursuant to division (D) or (E) of section 3767.05 of the	19634
Revised Code not later than four p.m. of the ~~seventy-fifth~~	19635
eighty-fifth day before the day of the next general or primary	19636
election.	19637

(C) The statement prescribed under division (A) of this	19638
section shall contain both of the following:	19639

(1) A notice that the statement is for the submission of the	19640
question set forth in section 4301.352 of the Revised Code;	19641

(2) The name of a class C or D permit holder and the address	19642
of the permit holder's permit premises. If the business conducted	19643
by a class C or D permit holder at the permit premises has a name	19644
different from the permit holder's personal or corporate name, the	19645
name of the permit holder's business shall be stated along with	19646
the permit holder's personal or corporate name.	19647

(D) Not later than five days after the certified copy of the	19648
judgment prescribed under division (A) of this section is filed,	19649
the board shall give notice by certified mail that it has received	19650
the certified copy of the judgment to the liquor permit holder	19651
whose permit would be affected by the results of the election	19652
required by the filing of the certified copy of the judgment.	19653
Failure of the petitioner to supply a complete and accurate	19654
address of the liquor permit holder to the board of elections	19655
invalidates the election.	19656

For purposes of this section, "complete and accurate address"	19657
means all of the following:	19658

(1) The address of the liquor permit premises;

19659

(2) The address of the statutory agent of the liquor permit	19660
holder, if applicable;	19661

(3) The address of the liquor permit holder if different from	19662
the liquor permit premises address.	19663

(E) Not later than the ~~sixty-eighth~~seventy-eighth day	19664
before the day of the next general or primary election, whichever	19665
occurs first, the board shall certify the sufficiency and	19666
validity of the certified copy of the judgment, make such	19667
determination as of the time of certification, and order the	19668
holding of an election in the precinct on the day of that general	19669
or primary election for the submission of the question set forth	19670
in section 4301.352 of the Revised Code.	19671

(F) A certified copy of the judgment filed with the board of	19672
elections under division (A) of this section shall be open to	19673
public inspection under rules adopted by the board.	19674

An elector who is eligible to vote on the question set forth	19675
in section 4301.352 of the Revised Code or the permit holder named	19676
on the certified copy of the judgment, not later than four p.m. of	19677
the ~~sixty-fourth~~seventy-fourth day before the day of the election	19678
at which the question will be submitted to the electors, may file	19679
a protest against a local option petition. The protest shall be in	19680
writing and shall be filed with the election officials with whom	19681
the certified copy of the judgment was filed. Upon the filing of	19682
the protest, the election officials with whom it is filed shall	19683
promptly fix a time and place for hearing the protest, and shall	19684
mail notice of the time and place for hearing it to the person who	19685
filed the certified copy of the judgment and to the person who	19686
filed the protest. At the time and place fixed, the election	19687
officials shall hear the protest and determine the validity of the	19688
certified copy of the judgment.	19689

Sec. 4301.332. (A) The board of elections shall provide to a	19690
petitioner circulating a petition for an election for the	19691
submission of one or more of the questions specified in section	19692
4301.353 or 4301.354 of the Revised Code, at the time of taking	19693
out the petition, the names of the streets and, if appropriate,	19694
the address numbers of residences and business establishments	19695
within the precinct that would be affected by the results of the	19696
election, and a form prescribed by the secretary of state for	19697
notifying affected permit holders of the circulation of a petition	19698
for an election for the submission of one or more of the questions	19699
specified in section 4301.353 or 4301.354 of the Revised Code.	19700
The petitioner shall, not less than ~~forty-five~~fifty-five days	19701
before the petition-filing deadline for the election, as provided	19702
in this section, file with the division of liquor control the	19703
information regarding names of streets and, if appropriate,	19704
address numbers of residences and business establishments provided	19705
by the board of elections, and specify to the division the portion	19706
of the precinct that would be affected by the results of the	19707
election and the filing deadline. The division shall, within a	19708
reasonable period of time and not later than ~~fifteen~~twenty-five	19709
days before the filing deadline, supply the petitioner with a list	19710
of the names and addresses of permit holders, if any, who would be	19711
affected by the election. The list shall contain a heading with	19712
the following words: "Liquor permit holders who would be affected	19713
by the question(s) set forth on petition for a local option	19714
election."	19715

Within five days after a petitioner has received from the	19716
division the list of liquor permit holders, if any, who would be	19717
affected by the question or questions set forth on a petition for	19718
local option election, the petitioner, using the form provided by	19719
the board of elections, shall notify by certified mail each permit	19720
holder whose name appears on that list. The form for notifying	19721
affected permit holders shall require the petitioner to state the	19722
petitioner's name and street address and shall contain a statement	19723
that a petition is being circulated for an election for the	19724
submission of the question or questions specified in section	19725
4301.353 or 4301.354 of the Revised Code. The form shall require	19726
the petitioner to state the question or questions to be submitted	19727
as they appear on the petition.	19728

The petitioner shall attach a copy of the list provided by	19729
the division to each petition paper. A part petition paper	19730
circulated at any time without the list of affected permit holders	19731
attached to it is invalid.	19732

At the time the petitioner files the petition with the board	19733
of elections, the petitioner shall provide to the board the list	19734
supplied by the division and an affidavit certifying that the	19735
petitioner notified all affected permit holders, if any, on the	19736
list in the manner and within the time required in this section	19737
and that, at the time each signer of the petition affixed the	19738
signer's signature to the petition, the petition paper contained a	19739
copy of the list of affected permit holders.	19740

Within five days after receiving a petition calling for an	19741
election for the submission of one or more of the questions	19742
specified in section 4301.353 or 4301.354 of the Revised Code, the	19743
board shall give notice by certified mail that it has received the	19744
petition to all liquor permit holders, if any, whose names appear	19745
on the list of affected permit holders filed by the petitioner as	19746
furnished by the division. Failure of the petitioner to supply the	19747
affidavit required by this section and a complete and accurate	19748
list of liquor permit holders as furnished by the division	19749
invalidates the entire petition. The board of elections shall	19750
provide to a permit holder who would be affected by a proposed	19751
local option election, on the permit holder's request, the names	19752
of the streets, and, if appropriate, the address numbers of	19753
residences and business establishments within the portion of the	19754
precinct that would be affected by the results of the election.	19755
The board may charge a reasonable fee for this information when	19756
provided to the petitioner and the permit holder.	19757

This division does not apply to an election held under	19758
section 4301.353 or 4301.354 of the Revised Code if the results of	19759
the election would not affect any permit holder.	19760

(B) Upon the presentation of a petition, not later than four	19761
p.m. of the ~~seventy-fifth~~eighty-fifth day before the day of a	19762
general or primary election, to the board of elections of the	19763
county where the precinct is located, designating whether it is a	19764
petition for an election for the submission of one or both of the	19765
questions specified in section 4301.353 of the Revised Code, or a	19766
petition for the submission of one or more of the questions	19767
specified in section 4301.354 of the Revised Code, designating the	19768
particular question or questions specified in section 4301.353 or	19769
4301.354 of the Revised Code that are to be submitted, and signed	19770
by the qualified electors of the precinct concerned, equal in	19771
number to thirty-five per cent of the total number of votes cast	19772
in the precinct concerned for the office of governor at the	19773
preceding general election for that office, the board shall submit	19774
the question or questions specified in the petition to the	19775
electors of the precinct concerned, on the day of the next general	19776
or primary election, whichever occurs first and shall proceed as	19777
follows:	19778

(1) Such board shall, not later than the ~~sixty-eighth~~	19779
seventy-eighth day before the day of the election for which the	19780
question or questions on the petition would qualify for submission	19781
to the electors of the precinct, examine and determine the	19782
sufficiency of the signatures and review, examine, and determine	19783
the validity of the petition and, in case of overlapping precinct	19784
petitions presented within that period, determine which of the	19785
petitions shall govern the further proceedings of the board. In	19786
the case where the board determines that two or more overlapping	19787
petitions are valid, the earlier filed petition shall govern. The	19788
board shall certify the sufficiency and validity of any petition	19789
determined to be valid. The board shall determine the validity of	19790
the petition as of the time of certification as described in this	19791
division.	19792

(2) If a petition is sufficient, and, in case of overlapping	19793
precinct petitions, after the board has determined the governing	19794
petition, the board to which the petition has been presented shall	19795
order the holding of a special election in the precinct for the	19796
submission of whichever of the questions specified in section	19797
4301.353 or 4301.354 of the Revised Code are designated in the	19798
petition, on the day of the next general or primary election,	19799
whichever occurs first.	19800

(C) All petitions filed with a board of elections under this	19801
section shall be open to public inspection under rules adopted by	19802
the board.	19803

(D) Protest against local option petitions may be filed by	19804
any elector eligible to vote on the question or questions	19805
described in the petitions or by a permit holder in the precinct	19806
as described in the petitions, not later than four p.m. of the	19807
~~sixty-fourth~~seventy-fourth day before the day of the general or	19808
primary election for which the petition qualified. The protest	19809
shall be in writing and shall be filed with the election officials	19810
with whom the petition was filed. Upon filing of the protest, the	19811
election officials with whom it is filed shall promptly fix the	19812
time for hearing it, and shall mail notice of the filing of the	19813
protest and the time and place for hearing it to the person who	19814
filed the petition and to the person who filed the protest. At the	19815
time and place fixed, the election officials shall hear the	19816
protest and determine the validity of the petition.	19817

Sec. 4301.333. (A) The privilege of local option conferred	19818
by section 4301.323 of the Revised Code may be exercised if, not	19819
later than four p.m. of the ~~seventy-fifth~~eighty-fifth day before	19820
the day of a general or primary election, a petition is presented	19821
to the board of elections of the county in which the precinct is	19822
situated by a petitioner who is one of the following:	19823

(1) An applicant for the issuance or transfer of a liquor	19824
permit at, or to, a particular location within the precinct;	19825

(2) The holder of a liquor permit at a particular location	19826
within the precinct;	19827

(3) A person who operates or seeks to operate a liquor agency	19828
store at a particular location within the precinct;	19829

(4) The designated agent for an applicant, liquor permit	19830
holder, or liquor agency store described in division (A)(1), (2),	19831
or (3) of this section.	19832

(B) The petition shall be signed by the electors of the	19833
precinct equal in number to at least thirty-five per cent of the	19834
total number of votes cast in the precinct for the office of	19835
governor at the preceding general election for that office and	19836
shall contain all of the following:	19837

(1) A notice that the petition is for the submission of the	19838
question or questions set forth in section 4301.355 of the	19839
Revised Code;	19840

(2) The name of the applicant for the issuance or transfer,	19841
or the holder, of the liquor permit or, if applicable, the name of	19842
the liquor agency store, including any trade or fictitious names	19843
under which the applicant, holder, or liquor agency store either	19844
intends to do or does business at the particular location;	19845

(3) The address and proposed use of the particular location	19846
within the election precinct to which the results of the question	19847
or questions specified in section 4301.355 of the Revised Code	19848
shall apply. For purposes of this division, "use" means all of the	19849
following:	19850

(a) The type of each liquor permit applied for by the	19851
applicant or held by the liquor permit holder as described in	19852
sections 4303.11 to 4303.183 of the Revised Code, including a	19853
description of the type of beer or intoxicating liquor sales	19854
authorized by each permit as provided in those sections;	19855

(b) If a liquor agency store, the fact that the business	19856
operated as a liquor agency store authorized to operate by this	19857
state;	19858

(c) A description of the general nature of the business of	19859
the applicant, liquor permit holder, or liquor agency store.	19860

(4) If the petition seeks approval of Sunday sales under	19861
question (B)(2) as set forth in section 4301.355 of the Revised	19862
Code, a statement indicating whether the hours of sale sought are	19863
between ten a.m. and midnight or between eleven a.m. and	19864
midnight.	19865

(C)(1) At the time the petitioner files the petition with the	19866
board of elections, the petitioner shall provide to the board both	19867
of the following:	19868

(a) An affidavit that is signed by the petitioner and that	19869
states the proposed use of the location following the election	19870
held to authorize the sale of beer or intoxicating liquor	19871
authorized by each permit as provided in sections 4303.11 to	19872
4303.183 of the Revised Code;	19873

(b) Written evidence of the designation of an agent by the	19874
applicant, liquor permit holder, or liquor agency store described	19875
in division (A)(1), (2), or (3) of this section for the purpose of	19876
petitioning for the local option election, if the petitioner is	19877
the designated agent of the applicant, liquor permit holder, or	19878
liquor agency store.	19879

(2) Failure to supply the affidavit, or the written evidence	19880
of the designation of the agent if the petitioner for the local	19881
option election is the agent of the applicant, liquor permit	19882
holder, or liquor agency store described in division (A)(1), (2),	19883
or (3) of this section, at the time the petition is filed	19884
invalidates the entire petition.	19885

(D) Not later than the ~~sixty-eighth~~seventy-eighth day before	19886
the day of the next general or primary election, whichever occurs	19887
first, the board shall examine and determine the sufficiency of	19888
the signatures and the validity of the petition. If the board	19889
finds that the petition contains sufficient signatures and in	19890
other respects is valid, it shall order the holding of an election	19891
in the precinct on the day of the next general or primary	19892
election, whichever occurs first, for the submission of the	19893
question or questions set forth in section 4301.355 of the Revised	19894
Code.	19895

(E) A petition filed with the board of elections under this	19896
section shall be open to public inspection under rules adopted by	19897
the board.	19898

(F) An elector who is eligible to vote on the question or	19899
questions set forth in section 4301.355 of the Revised Code may	19900
file, not later than four p.m. of the ~~sixty-fourth~~seventy-fourth	19901
day before the day of the election at which the question or	19902
questions will be submitted to the electors, a protest against a	19903
local option petition circulated and filed pursuant to this	19904
section. The protest shall be in writing and shall be filed with	19905
the election officials with whom the petition was filed. Upon the	19906
filing of the protest, the election officials with whom it is	19907
filed shall promptly establish a time and place for hearing the	19908
protest and shall mail notice of the time and place for the	19909
hearing to the applicant for, or the holder of, the liquor permit	19910
who is specified in the petition and to the elector who filed the	19911
protest. At the time and place established in the notice, the	19912
election officials shall hear the protest and determine the	19913
validity of the petition.	19914

Sec. 4301.334. (A) The privilege of local option conferred	19915
by section 4301.324 of the Revised Code may be exercised if, not	19916
later than four p.m. of the ~~seventy-fifth~~eighty-fifth day before	19917
the day of a general or primary election, a petition and other	19918
information required by division (B) of this section are	19919
presented to the board of elections of the county in which the	19920
community facility named in the petition is located. The petition	19921
shall be signed by electors of the municipal corporation or	19922
unincorporated area of the township in which the community	19923
facility is located equal in number to at least ten per cent of	19924
the total number of votes cast in the municipal corporation or	19925
unincorporated area of the township in which the community	19926
facility is located for the office of governor at the most recent	19927
general election for that office and shall contain both of the	19928
following:	19929

(1) A notice that the petition is for the submission of the	19930
question set forth in section 4301.356 of the Revised Code and a	19931
statement indicating whether the hours of Sunday sales sought in	19932
the local option election are between ten a.m. and midnight or	19933
between eleven a.m. and midnight;	19934

(2) The name and address of the community facility for which	19935
the local option election is sought and, if the community facility	19936
is a community entertainment district, the boundaries of the	19937
district.	19938

(B) Upon the request of a petitioner, a board of elections of	19939
a county shall furnish to the petitioner a copy of the	19940
instructions prepared by the secretary of state under division (P)	19941
of section 3501.05 of the Revised Code and, within fifteen days	19942
after the request, a certificate indicating the number of valid	19943
signatures that will be required on a petition to hold an election	19944
in the municipal corporation or unincorporated area of the	19945
township in which the community facility is located on the	19946
question specified in section 4301.356 of the Revised Code.	19947

The petitioner shall, not less than thirty days before the	19948
petition-filing deadline for an election on the question specified	19949
in section 4301.356 of the Revised Code, specify to the division	19950
of liquor control the name and address of the community facility	19951
for which the election is sought and, if the community facility is	19952
a community entertainment district, the boundaries of the	19953
district, the municipal corporation or unincorporated area of a	19954
township in which the election is sought, and the filing deadline.	19955
The division shall, within a reasonable period of time and not	19956
later than ten days before the filing deadline, supply the	19957
petitioner with the name and address of any permit holder for or	19958
within the community facility.	19959

The petitioner shall file the name and address of any permit	19960
holder who would be affected by the election at the time the	19961
petitioner files the petition with the board of elections. Within	19962
five days after receiving the petition, the board shall give	19963
notice by certified mail to any permit holder within the community	19964
facility that it has received the petition. Failure of the	19965
petitioner to supply the name and address of any permit holder for	19966
or within the community facility as furnished to the petitioner by	19967
the division invalidates the petition.	19968

(C) Not later than the ~~sixty-eighth~~seventy-eighth day before	19969
the day of the next general or primary election, whichever occurs	19970
first, the board shall examine and determine the sufficiency of	19971
the signatures on the petition. If the board finds that the	19972
petition is valid, it shall order the holding of an election in	19973
the municipal corporation or unincorporated area of a township on	19974
the day of the next general or primary election, whichever occurs	19975
first, for the submission of the question set forth in section	19976
4301.356 of the Revised Code.	19977

(D) A petition filed with a board of elections under this	19978
section shall be open to public inspection under rules adopted by	19979
the board.	19980

(E) An elector who is eligible to vote on the question set	19981
forth in section 4301.356 of the Revised Code or any permit holder	19982
for or within the community facility may, not later than four p.m.	19983
of the ~~sixty-fourth~~seventy-fourth day before the day of the	19984
election at which the question will be submitted to the electors,	19985
file a written protest against the local option petition with the	19986
board of elections with which the petition was filed. Upon the	19987
filing of the protest, the board shall promptly fix a time and	19988
place for hearing the protest and shall mail notice of the time	19989
and place to the person who filed the petition and to the person	19990
who filed the protest. At the time and place fixed, the board	19991
shall hear the protest and determine the validity of the	19992
petition.	19993

Sec. 4301.356. If a petition is filed under section 4301.334	19994
of the Revised Code for the submission of the question set forth	19995
in this section, an election shall be held in the municipal	19996
corporation or unincorporated area of a township as ordered by the	19997
board of elections under that section.	19998

Except as otherwise provided in this section, if the	19999
legislative authority of a municipal corporation in whose	20000
territory, or the board of township trustees of a township in	20001
whose unincorporated area, a community facility is located	20002
submits, not later than four p.m. of the ~~seventy-fifth~~	20003
eighty-fifth day before the day of a primary or general election,	20004
to the board of elections of the county in which the community	20005
facility is located an ordinance or resolution requesting the	20006
submission of the question set forth in this section to the	20007
electors of the municipal corporation or unincorporated area of	20008
the township, the board of elections shall order that an election	20009
be held on that question in the municipal corporation or the	20010
unincorporated area of the township on the day of the next primary	20011
or general election, whichever occurs first. The legislative	20012
authority or board of township trustees shall submit the name and	20013
address of any permit holder who would be affected by the results	20014
of the election to the board of elections at the same time it	20015
submits the ordinance or resolution. The board of elections,	20016
within five days after receiving the name and address, shall give	20017
notice by certified mail to each permit holder that it has	20018
received the ordinance or resolution. Failure of the legislative	20019
authority or board of township trustees to supply the name and	20020
address of each permit holder to the board of elections	20021
invalidates the effect of the ordinance or resolution.	20022

At the election, the following question shall be submitted to	20023
the electors of the municipal corporation or unincorporated area	20024
of a township:	20025

"Shall the sale of beer and intoxicating liquor be permitted	20026
on days of the week other than Sunday and between the hours of	20027
.......... (insert "ten a.m." or "eleven a.m.") and midnight on	20028
Sunday, at .......... (insert name of community facility), a	20029
community facility as defined by section 4301.01 of the Revised	20030
Code, and located at ........ (insert the address of the community	20031
facility and, if the community facility is a community	20032
entertainment district, the boundaries of the district, as set	20033
forth in the petition)?"	20034

The board of elections shall furnish printed ballots at the	20035
election as provided under section 3505.06 of the Revised Code,	20036
except that a separate ballot shall be used for the election under	20037
this section. The question set forth in this section shall be	20038
printed on each ballot, and the board shall insert in the question	20039
appropriate words to complete it, subject to the approval of the	20040
secretary of state. Votes shall be cast as provided under section	20041
3505.06 of the Revised Code.	20042

Sec. 4301.421. (A) For the purposes of section 307.696 of	20043
the Revised Code, to pay the expenses of administering the tax,	20044
and to pay any or all of the charge the board of elections makes	20045
against the county to hold the election on the question of levying	20046
the tax, or for those purposes and to provide revenues to the	20047
county for permanent improvements, the board of county	20048
commissioners may levy a tax on the sale of beer at a rate not to	20049
exceed sixteen cents per gallon, on the sale of cider at a rate	20050
not to exceed twenty-four cents per gallon, and on the sale of	20051
wine and mixed beverages at a rate not to exceed thirty-two cents	20052
per gallon. The tax shall be imposed on all beer, cider, wine,	20053
and mixed beverages sold for resale at retail in the county, and	20054
on all beer, cider, wine, and mixed beverages sold at retail in	20055
the county by the manufacturer, bottler, importer, or other person	20056
upon which the tax has not been paid. The tax shall not be levied	20057
on the sale of wine to be used for known sacramental purposes. The	20058
tax may be levied for any number of years not exceeding twenty.	20059
The tax shall be in addition to the taxes imposed by sections	20060
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The	20061
tax shall not be considered a cost in any computation required	20062
under rules of the liquor control commission regulating minimum	20063
prices or mark-ups.	20064

Only one sale of the same article shall be used in computing,	20065
reporting, and paying the amount of tax due.	20066

The tax shall be levied pursuant to a resolution of the	20067
county commissioners approved by a majority of the electors in the	20068
county voting on the question of levying the tax, which resolution	20069
shall specify the rate of the tax, the number of years the tax	20070
will be levied, and the purposes for which the tax is levied. The	20071
election may be held on the date of a general election or special	20072
election held not sooner than ~~seventy-five~~eighty-five days after	20073
the date the board certifies its resolution to the board of	20074
elections. If approved by the electors, the tax shall take effect	20075
on the first day of the month specified in the resolution but not	20076
sooner than the first day of the month that is at least sixty	20077
days after the certification of the election results by the board	20078
of elections. A copy of the resolution levying the tax and the	20079
certification of the board of elections shall be certified to the	20080
tax commissioner at least sixty days prior to the date on which	20081
the tax is to become effective.	20082

A resolution under this section may be joined on the ballot	20083
as a single question with a resolution adopted under section	20084
307.697 or 5743.024 of the Revised Code to levy a tax for the same	20085
purposes and for the purpose of paying the expenses of	20086
administering the tax. The form of the ballot in an election held	20087
pursuant to this section shall be as prescribed in section 307.697	20088
of the Revised Code.	20089

(B) The board of county commissioners of a county in which a	20090
tax is imposed under this section on July 19, 1995, may levy a tax	20091
for the purpose of section 307.673 of the Revised Code regardless	20092
of whether or not the cooperative agreement authorized under that	20093
section has been entered into prior to the day the resolution	20094
adopted under division (B)(1) or (2) of this section is adopted,	20095
and for the purpose of reimbursing a county for costs incurred in	20096
the construction of a sports facility pursuant to an agreement	20097
entered into by the county under section 307.696 of the Revised	20098
Code. The tax shall be levied and approved in one of the manners	20099
prescribed by division (B)(1) or (2) of this section.	20100

(1) The tax may be levied pursuant to a resolution adopted by	20101
a majority of the members of the board of county commissioners not	20102
later than September 2, 1995. A board of county commissioners	20103
approving a tax under division (B)(1) of this section may approve	20104
a tax under division (D)(1) of section 307.697 or division (C)(1)	20105
of section 5743.024 of the Revised Code at the same time. Subject	20106
to the resolution being submitted to a referendum under sections	20107
305.31 to 305.41 of the Revised Code, the resolution shall take	20108
effect immediately, but the tax levied pursuant to the resolution	20109
shall not be levied prior to the day following the last day the	20110
tax levied pursuant to division (A) of this section may be levied.	20111

(2) The tax may be levied pursuant to a resolution adopted by	20112
a majority of the members of the board of county commissioners not	20113
later than September 2, 1995, and approved by a majority of the	20114
electors of the county voting on the question of levying the tax	20115
at the next succeeding general election following July 19, 1995.	20116
The board of county commissioners shall certify a copy of the	20117
resolution to the board of elections immediately upon adopting a	20118
resolution under division (D)(2) of this section, and the board of	20119
elections shall place the question of levying the tax on the	20120
ballot at that election. The form of the ballot shall be as	20121
prescribed by division (C) of section 307.697 of the Revised	20122
Code, except that the phrase "paying not more than one-half of the	20123
costs of providing a sports facility together with related	20124
redevelopment and economic development projects" shall be	20125
replaced by the phrase "paying the costs of constructing or	20126
renovating a sports facility and reimbursing a county for costs	20127
incurred by the county in the construction of a sports facility,"	20128
and the phrase ", beginning .......... (here insert the earliest	20129
date the tax would take effect)" shall be appended after "years."	20130
A board of county commissioners submitting the question of a tax	20131
under division (B)(2) of this section may submit the question of	20132
a tax under division (D)(2) of section 307.697 or division (C)(2)	20133
of section 5743.024 of the Revised Code as a single question, and	20134
the form of the ballot shall include each of the proposed taxes.	20135

If approved by a majority of electors voting on the question,	20136
the tax shall take effect on the day specified on the ballot,	20137
which shall not be earlier than the day following the last day the	20138
tax levied pursuant to division (A) of this section may be levied.	20139

The rate of a tax levied pursuant to division (B)(1) or (2)	20140
of this section shall not exceed the rate specified in division	20141
(A) of this section. A tax levied pursuant to division (B)(1) or	20142
(2) of this section may be levied for any number of years not	20143
exceeding twenty.	20144

A board of county commissioners adopting a resolution under	20145
division (B)(1) or (2) of this section shall certify a copy of the	20146
resolution to the tax commissioner immediately upon adoption of	20147
the resolution.	20148

(C) No tax shall be levied under this section on or after ~~the~~	20149
~~effective date of the amendment of this section by ....... of the~~	20150
~~127th general assembly~~September 23, 2008. This division does not	20151
prevent the collection of any tax levied under this section	20152
before that date so long as that tax remains effective.	20153

Sec. 4301.424. (A) For the purpose of section 351.26 of the	20154
Revised Code and to pay any or all of the charge the board of	20155
elections makes against the county to hold the election on the	20156
question of levying the tax, the board of county commissioners, in	20157
the manner prescribed by division (A) of section 351.26 of the	20158
Revised Code, may levy a tax on each gallon of spirituous liquor;	20159
on the sale of beer; and on the sale of wine and mixed beverages.	20160
The tax on spirituous liquor shall be imposed on spirituous liquor	20161
sold to or purchased by liquor permit holders for resale, and sold	20162
at retail by the division of liquor control, in the county at a	20163
rate not greater than three dollars per gallon; the tax on beer,	20164
wine, and mixed beverages shall be imposed on all beer, wine, and	20165
mixed beverages sold for resale at retail in the county, and on	20166
all beer, wine, and mixed beverages sold at retail in the county	20167
by the manufacturer, bottler, importer, or other person and upon	20168
which the tax has not been paid. The rate of the tax on beer shall	20169
not exceed sixteen cents per gallon, and the rate of the tax on	20170
wine and mixed beverages shall not exceed thirty-two cents per	20171
gallon. Only one sale of the same article shall be used in	20172
computing, reporting, and paying the amount of tax due. The tax	20173
may be levied for any number of years not exceeding twenty.	20174

The tax shall be levied pursuant to a resolution of the board	20175
of county commissioners adopted as prescribed by division (A) of	20176
section 351.26 of the Revised Code and approved by a majority of	20177
the electors in the county voting on the question of levying the	20178
tax. The resolution shall specify the rates of the tax, the number	20179
of years the tax will be levied, and the purposes for which the	20180
tax is levied. Such election may be held on the date of a general	20181
or special election held not sooner than ~~seventy-five~~eighty-five	20182
days after the date the board certifies its resolution to the	20183
board of elections. If approved by the electors, the tax takes	20184
effect on the first day of the month specified in the resolution	20185
but not sooner than the first day of the month that is at least	20186
sixty days after the certification of the election results by the	20187
board of elections. A copy of the resolution levying the tax shall	20188
be certified to the division of liquor control and the tax	20189
commissioner at least sixty days prior to the date on which the	20190
tax is to become effective.	20191

(B) A resolution under this section may be joined on the	20192
ballot as a single question with a resolution adopted under	20193
section 5743.026 of the Revised Code to levy a tax for the same	20194
purposes, and for the purpose of paying the expenses of	20195
administering that tax.	20196

(C) The form of the ballot in an election held on the	20197
question of levying a tax proposed pursuant to this section shall	20198
be as prescribed by section 351.26 of the Revised Code.	20199

(D) No tax shall be levied under this section on or after ~~the~~	20200
~~effective date of the amendment of this section by the capital~~	20201
~~appropriations act of the 127th general assembly~~September 23,	20202
2008. This division does not prevent the collection of any tax	20203
levied under this section before that date so long as that tax	20204
remains effective.	20205

Sec. 4303.29. (A) No permit, other than an H permit, shall	20206
be issued to a firm or partnership unless all the members of the	20207
firm or partnership are citizens of the United States. No permit,	20208
other than an H permit, shall be issued to an individual who is	20209
not a citizen of the United States. No permit, other than an E or	20210
H permit, shall be issued to any corporation organized under the	20211
laws of any country, territory, or state other than this state	20212
until it has furnished the division of liquor control with	20213
evidence that it has complied with the laws of this state relating	20214
to the transaction of business in this state.	20215

The division may refuse to issue any permit to or refuse to	20216
renew any permit of any person convicted of any felony that is	20217
reasonably related to the person's fitness to operate a liquor	20218
permit business in this state. No holder of a permit shall sell,	20219
assign, transfer, or pledge the permit without the written consent	20220
of the division.	20221

(B)(1) No D-3 permit shall be issued to any club unless the	20222
club has been continuously engaged in the activity specified in	20223
section 4303.15 of the Revised Code, as a qualification for that	20224
class of permit, for two years at the time the permit is issued.	20225

(2)(a) Subject to division (B)(2)(b) of this section, upon	20226
application by properly qualified persons, one C-1 and C-2 permit	20227
shall be issued for each one thousand population or part of that	20228
population, and one D-1 and D-2 permit shall be issued for each	20229
two thousand population or part of that population, in each	20230
municipal corporation and in the unincorporated area of each	20231
township.	20232

Subject to division (B)(2)(b) of this section, not more than	20233
one D-3, D-4, or D-5 permit shall be issued for each two thousand	20234
population or part of that population in any municipal corporation	20235
and in the unincorporated area of any township, except that, in	20236
any city of a population of fifty-five thousand or more, one D-3	20237
permit may be issued for each fifteen hundred population or part	20238
of that population.	20239

(b)(i) Division (B)(2)(a) of this section does not prohibit	20240
the transfer of location or the transfer of ownership and location	20241
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal	20242
corporation or the unincorporated area of a township in which the	20243
number of permits of that class exceeds the number of such permits	20244
authorized to be issued under division (B)(2)(a) of this section	20245
to an economic development project located in another municipal	20246
corporation or the unincorporated area of another township in	20247
which no additional permits of that class may be issued to the	20248
applicant under division (B)(2)(a) of this section, but the	20249
transfer of location or transfer of ownership and location of the	20250
permit may occur only if the applicant notifies the municipal	20251
corporation or township to which the location of the permit will	20252
be transferred regarding the transfer and that municipal	20253
corporation or township acknowledges in writing to the division of	20254
liquor control, at the time the application for the transfer of	20255
location or transfer of ownership and location of the permit is	20256
filed, that the transfer will be to an economic development	20257
project. This acknowledgment by the municipal corporation or	20258
township does not prohibit it from requesting a hearing under	20259
section 4303.26 of the Revised Code. The applicant is eligible to	20260
apply for and receive the transfer of location of the permit under	20261
division (B)(2)(b) of this section if all permits of that class	20262
that may be issued under division (B)(2)(a) of this section in the	20263
applicable municipal corporation or unincorporated area of the	20264
township have already been issued or if the number of applications	20265
filed for permits of that class in that municipal corporation or	20266
the unincorporated area of that township exceed the number of	20267
permits of that class that may be issued there under division	20268
(B)(2)(a) of this section.	20269

A permit transferred under division (B)(2)(b) of this section	20270
may be subsequently transferred to a different owner at the same	20271
location, or to the same owner or a different owner at a different	20272
location in the same municipal corporation or in the	20273
unincorporated area of the same township, as long as the same or	20274
new location meets the economic development project criteria set	20275
forth in this section.	20276

(ii) Factors that shall be used to determine the designation	20277
of an economic development project include, but are not limited	20278
to, architectural certification of the plans and the cost of the	20279
project, the number of jobs that will be created by the project,	20280
projected earnings of the project, projected tax revenues for the	20281
political subdivisions in which the project will be located, and	20282
the amount of financial investment in the project. The	20283
superintendent of liquor control shall determine whether the	20284
existing or proposed business that is seeking a permit described	20285
in division (B)(2)(b) of this section qualifies as an economic	20286
development project and, if the superintendent determines that it	20287
so qualifies, shall designate the business as an economic	20288
development project.	20289

(3) Nothing in this section shall be construed to restrict	20290
the issuance of a permit to a municipal corporation for use at a	20291
municipally owned airport at which commercial airline companies	20292
operate regularly scheduled flights on which space is available to	20293
the public. A municipal corporation applying for a permit for such	20294
a municipally owned airport is exempt, in regard to that	20295
application, from the population restrictions contained in this	20296
section and from population quota restrictions contained in any	20297
rule of the liquor control commission. A municipal corporation	20298
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a	20299
municipally owned airport is subject to section 4303.31 of the	20300
Revised Code.	20301

(4) Nothing in this section shall be construed to prohibit	20302
the issuance of a D permit to the board of trustees of a soldiers'	20303
memorial for a premises located at a soldiers' memorial	20304
established pursuant to Chapter 345. of the Revised Code. An	20305
application for a D permit by the board for those premises is	20306
exempt from the population restrictions contained in this section	20307
and from the population quota restrictions contained in any rule	20308
of the liquor control commission. The location of a D permit	20309
issued to the board for those premises shall not be transferred. A	20310
board of trustees of a soldiers' memorial applying for a D-1, D-2,	20311
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to	20312
section 4303.31 of the Revised Code.	20313

(5) Nothing in this section shall be construed to restrict	20314
the issuance of a permit for a premises located at a golf course	20315
owned by a municipal corporation, township, or county, owned by a	20316
park district created under Chapter 1545. of the Revised Code, or	20317
owned by the state. The location of such a permit issued on or	20318
after September 26, 1984, for a premises located at such a golf	20319
course shall not be transferred. Any application for such a permit	20320
is exempt from the population quota restrictions contained in this	20321
section and from the population quota restrictions contained in	20322
any rule of the liquor control commission. A municipal	20323
corporation, township, county, park district, or state agency	20324
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf	20325
course is subject to section 4303.31 of the Revised Code.	20326

(6) As used in division (B)(6) of this section, "fair" has	20327
the same meaning as in section 991.01 of the Revised Code; "state	20328
fairgrounds" means the property that is held by the state for the	20329
purpose of conducting fairs, expositions, and exhibits and that is	20330
maintained and managed by the Ohio expositions commission under	20331
section 991.03 of the Revised Code; "capitol square" has the same	20332
meaning as in section 105.41 of the Revised Code; and "Ohio	20333
judicial center" means the site of the Ohio supreme court and its	20334
grounds.	20335

Nothing in this section shall be construed to restrict the	20336
issuance of one or more D permits to one or more applicants for	20337
all or a part of the state fairgrounds, capitol square, or the	20338
Ohio judicial center. An application for a D permit for the state	20339
fairgrounds, capitol square, or the Ohio judicial center is exempt	20340
from the population quota restrictions contained in this section	20341
and from the population quota restrictions contained in any rule	20342
of the liquor control commission. The location of a D permit	20343
issued for the state fairgrounds, capitol square, or the Ohio	20344
judicial center shall not be transferred. An applicant for a D-1,	20345
D-2, D-3, or D-5 permit for the state fairgrounds is not subject	20346
to section 4303.31 of the Revised Code.	20347

Pursuant to section 1711.09 of the Revised Code, the holder	20348
of a D permit issued for the state fairgrounds shall not deal in	20349
spirituous liquor at the state fairgrounds during, or for one week	20350
before or for three days after, any fair held at the state	20351
fairgrounds.	20352

(7) Nothing in this section shall be construed to prohibit	20353
the issuance of a D permit for a premises located at a zoological	20354
park at which sales have been approved in an election held under	20355
former section 4301.356 of the Revised Code. An application for a	20356
D permit for such a premises is exempt from the population	20357
restrictions contained in this section, from the population quota	20358
restrictions contained in any rule of the liquor control	20359
commission, and from section 4303.31 of the Revised Code. The	20360
location of a D permit issued for a premises at such a zoological	20361
park shall not be transferred, and no quota or other restrictions	20362
shall be placed on the number of D permits that may be issued for	20363
a premises at such a zoological park.	20364

(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in	20365
any election precinct in any municipal corporation or in any	20366
election precinct in the unincorporated area of any township, in	20367
which at the November, 1933, election a majority of the electors	20368
voting thereon in the municipal corporation or in the	20369
unincorporated area of the township voted against the repeal of	20370
Section 9 of Article XV, Ohio Constitution, unless the sale of	20371
spirituous liquor by the glass is authorized by a majority vote of	20372
the electors voting on the question in the precinct at an election	20373
held pursuant to this section or by a majority vote of the	20374
electors of the precinct voting on question (C) at a special local	20375
option election held in the precinct pursuant to section 4301.35	20376
of the Revised Code. Upon the request of an elector, the board of	20377
elections of the county that encompasses the precinct shall	20378
furnish the elector with a copy of the instructions prepared by	20379
the secretary of state under division (P) of section 3501.05 of	20380
the Revised Code and, within fifteen days after the request, a	20381
certificate of the number of signatures required for a valid	20382
petition under this section.	20383

Upon the petition of thirty-five per cent of the total number	20384
of voters voting in any such precinct for the office of governor	20385
at the preceding general election, filed with the board of	20386
elections of the county in which such precinct is located not	20387
later than ~~seventy-five~~eighty-five days before a general	20388
election, the board shall prepare ballots and hold an election at	20389
such general election upon the question of allowing spirituous	20390
liquor to be sold by the glass in such precinct. The ballots shall	20391
be approved in form by the secretary of state. The results of the	20392
election shall be certified by the board to the secretary of	20393
state, who shall certify the results to the division.	20394

(2) No holder of a class D-3 permit issued for a boat or	20395
vessel shall sell spirituous liquor in any precinct, in which the	20396
election provided for in this section may be held, unless the sale	20397
of spirituous liquor by the drink has been authorized by vote of	20398
the electors as provided in this section or in section 4301.35 of	20399
the Revised Code.	20400

(D) Any holder of a C or D permit whose permit premises were	20401
purchased in 1986 or 1987 by the state or any state agency for	20402
highway purposes shall be issued the same permit at another	20403
location notwithstanding any quota restrictions contained in this	20404
chapter or in any rule of the liquor control commission.	20405

Sec. 4305.14. (A) The following questions regarding the sale	20406
of beer by holders of C or D permits may be presented to the	20407
qualified electors of an election precinct:	20408

(1) "Shall the sale of beer as defined in section 4305.08 of	20409
the Revised Code under permits which authorize sale for	20410
off-premises consumption only be permitted within this precinct?"	20411

(2) "Shall the sale of beer as defined in section 4305.08 of	20412
the Revised Code under permits which authorize sale for	20413
on-premises consumption only, and under permits which authorize	20414
sale for both on-premises and off-premises consumption, be	20415
permitted in this precinct?"	20416

The exact wording of the question as submitted and form of	20417
ballot as printed shall be determined by the board of elections in	20418
the county wherein the election is held, subject to approval of	20419
the secretary of state.	20420

Upon the request of an elector, a board of elections of a	20421
county that encompasses an election precinct shall furnish to the	20422
elector a copy of the instructions prepared by the secretary of	20423
state under division (P) of section 3501.05 of the Revised Code	20424
and, within fifteen days after the request, with a certificate	20425
indicating the number of valid signatures that will be required on	20426
a petition to hold a special election in that precinct on either	20427
or both of the questions specified in this section.	20428

The board shall provide to a petitioner, at the time the	20429
petitioner takes out a petition, the names of the streets and, if	20430
appropriate, the address numbers of residences and business	20431
establishments within the precinct in which the election is	20432
sought, and a form prescribed by the secretary of state for	20433
notifying affected permit holders of the circulation of a petition	20434
for an election for the submission of one or more of the questions	20435
specified in division (A) of this section. The petitioner shall,	20436
not less than ~~forty-five~~fifty-five days before the	20437
petition-filing deadline for an election provided for in this	20438
section, file with the division of liquor control the information	20439
regarding names of streets and, if appropriate, address numbers of	20440
residences and business establishments provided by the board of	20441
elections, and specify to the division the precinct that is	20442
concerned or that would be affected by the results of the election	20443
and the filing deadline. The division shall, within a reasonable	20444
period of time and not later than ~~fifteen~~twenty-five days before	20445
the filing deadline, supply the petitioner with a list of the	20446
names and addresses of permit holders who would be affected by the	20447
election. The list shall contain a heading with the following	20448
words: "liquor permit holders who would be affected by the	20449
question(s) set forth on a petition for a local option election."	20450

Within five days after receiving from the division the list	20451
of liquor permit holders who would be affected by the question or	20452
questions set forth on a petition for local option election, the	20453
petitioner shall, using the form provided by the board of	20454
elections, notify by certified mail each permit holder whose name	20455
appears on that list. The form for notifying affected permit	20456
holders shall require the petitioner to state the petitioner's	20457
name and street address and shall contain a statement that a	20458
petition is being circulated for an election for the submission of	20459
the question or questions specified in division (B) of this	20460
section. The form shall require the petitioner to state the	20461
question or questions to be submitted as they appear on the	20462
petition.	20463

The petitioner shall attach a copy of the list provided by	20464
the division to each petition paper. A part petition paper	20465
circulated at any time without the list of affected permit holders	20466
attached to it is invalid.	20467

At the time of filing the petition with the board of	20468
elections, the petitioner shall provide to the board of elections	20469
the list supplied by the division and an affidavit certifying that	20470
the petitioner notified all affected permit holders on the list in	20471
the manner and within the time required in this section and that,	20472
at the time each signer of the petition signed the petition, the	20473
petition paper contained a copy of the list of affected permit	20474
holders.	20475

Within five days after receiving a petition calling for an	20476
election for the submission of the question or questions set forth	20477
in this section, the board of elections shall give notice by	20478
certified mail that it has received the petition to all liquor	20479
permit holders whose names appear on the list of affected permit	20480
holders filed by the petitioner. Failure of the petitioner to	20481
supply the affidavit required by this section and a complete and	20482
accurate list of liquor permit holders invalidates the entire	20483
petition. The board of elections shall provide to a permit holder	20484
who would be affected by a proposed local option election, on the	20485
permit holder's request, the names of the streets, and, if	20486
appropriate, the address numbers of residences and business	20487
establishments within the precinct in which the election is sought	20488
and that would be affected by the results of the election. The	20489
board may charge a reasonable fee for this information when	20490
provided to the petitioner and the permit holder.	20491

Upon presentation not later than four p.m. of the	20492
~~seventy-fifth~~eighty-fifth day before the day of a general or	20493
primary election, of a petition to the board of elections of the	20494
county wherein such election is sought to be held, requesting the	20495
holding of such election on either or both of the questions	20496
specified in this section, signed by qualified electors of the	20497
precinct concerned equal in number to thirty-five per cent of the	20498
total number of votes cast in the precinct concerned for the	20499
office of governor at the preceding general election for that	20500
office, such board shall submit the question or questions	20501
specified in the petition to the electors of the precinct	20502
concerned, on the day of the next general or primary election,	20503
whichever occurs first.	20504

(B) The board shall proceed as follows:

20505

(1) Such board shall, upon the filing of a petition under	20506
this section, but not later than the ~~sixty-eighth~~seventy-eighth	20507
day before the day of the election for which the question or	20508
questions on the petition would qualify for submission to the	20509
electors of the precinct, examine and determine the sufficiency of	20510
the signatures and review, examine, and determine the validity of	20511
such petition and, in case of overlapping precinct petitions	20512
presented within that period, determine which of the petitions	20513
shall govern the further proceedings of the board. In the case	20514
where the board determines that two or more overlapping petitions	20515
are valid, the earlier petition shall govern. The board shall	20516
certify the sufficiency of signatures contained in the petition as	20517
of the time of filing and the validity of the petition as of the	20518
time of certification as described in division (C)(1) of this	20519
section if the board finds the petition to be both sufficient and	20520
valid.	20521

(2) If the petition contains sufficient signatures and is	20522
valid, and, in case of overlapping precinct petitions, after the	20523
board has determined the governing petition, the board shall order	20524
the holding of a special election in the precinct for the	20525
submission of the question or questions specified in the petition,	20526
on the day of the next general or primary election, whichever	20527
occurs first.	20528

(3) All petitions filed with a board of elections under this	20529
section shall be open to public inspection under rules adopted by	20530
the board.	20531

(C) Protest against a local option petition may be filed by	20532
any qualified elector eligible to vote on the question or	20533
questions specified in the petition or by a permit holder in the	20534
precinct as described in the petition, not later than four p.m. of	20535
the ~~sixty-fourth~~seventy-fourth day before the day of such general	20536
or primary election for which the petition qualified. Such	20537
protest shall be in writing and shall be filed with the election	20538
officials with whom the petition was filed. Upon filing of such	20539
protest the election officials with whom it is filed shall	20540
promptly fix the time for hearing it, and shall forthwith mail	20541
notice of the filing of the protest and the time for hearing it to	20542
the person who filed the petition which is protested and to the	20543
person who filed the protest. At the time and place fixed, the	20544
election officials shall hear the protest and determine the	20545
validity of the petition.	20546

(D) If a majority of the electors voting on the question in	20547
the precinct vote "yes" on question (1) or (2) as set forth in	20548
division (A) of this section, the sale of beer as specified in	20549
that question shall be permitted in the precinct and no subsequent	20550
election shall be held in the precinct under this section on the	20551
same question for a period of at least four years from the date of	20552
the most recent election.	20553

If a majority of the electors voting on the question in the	20554
precinct vote "no" on question (1) or (2) as set forth in division	20555
(A) of this section, no C or D permit holder shall sell beer as	20556
specified in that question within the precinct during the period	20557
the election is in effect and no subsequent election shall be held	20558
in the precinct under this section on the same question for a	20559
period of at least four years from the date of the most recent	20560
election.	20561

Sec. 4504.021. The question of repeal of a county permissive	20562
tax adopted as an emergency measure pursuant to section 4504.02,	20563
4504.15, or 4504.16 of the Revised Code may be initiated by filing	20564
with the board of elections of the county not less than	20565
~~seventy-five~~eighty-five days before the general election in any	20566
year a petition requesting that an election be held on such	20567
question. Such petition shall be signed by qualified electors	20568
residing in the county equal in number to ten per cent of those	20569
voting for governor at the most recent gubernatorial election.	20570

After determination by it that such petition is valid, the	20571
board of elections shall submit the question to the electors of	20572
the county at the next general election. The election shall be	20573
conducted, canvassed, and certified in the same manner as regular	20574
elections for county offices in the county. Notice of the election	20575
shall be published in a newspaper of general circulation in the	20576
district once a week for two consecutive weeks prior to the	20577
election and, if the board of elections operates and maintains a	20578
web site, notice of the election also shall be posted on that web	20579
site for thirty days prior to the election. The notice shall state	20580
the purpose, time, and place of the election. The form of the	20581
ballot cast at such election shall be prescribed by the secretary	20582
of state. The question covered by such petition shall be submitted	20583
as a separate proposition, but it may be printed on the same	20584
ballot with any other proposition submitted at the same election	20585
other than the election of officers. If a majority of the	20586
qualified electors voting on the question of repeal approve the	20587
repeal, the result of the election shall be certified immediately	20588
after the canvass by the board of elections to the county	20589
commissioners, who shall thereupon, after the current year, cease	20590
to levy the tax.	20591

Sec. 4504.15. For the purpose of paying the costs of	20592
enforcing and administering the tax provided for in this section;	20593
for the various purposes stated in section 4504.02 of the Revised	20594
Code; and to supplement revenue already available for those	20595
purposes, any county may, by resolution adopted by its board of	20596
county commissioners, levy an annual license tax, that shall be in	20597
addition to the tax levied by sections 4503.02, 4503.07, and	20598
4503.18 of the Revised Code, upon the operation of motor vehicles	20599
upon the public roads and highways. The tax shall be at the rate	20600
of five dollars per motor vehicle on all motor vehicles the	20601
district of registration of which, as defined in section 4503.10	20602
of the Revised Code, is located in the county levying the tax but	20603
is not located within any municipal corporation levying the tax	20604
authorized by section 4504.17 of the Revised Code, and shall be in	20605
addition to the taxes at the rates specified in sections 4503.04	20606
and 4503.16 of the Revised Code, subject to reductions in the	20607
manner provided in section 4503.11 of the Revised Code and the	20608
exemptions provided in sections 4503.16, 4503.17, 4503.171,	20609
4503.41, and 4503.43 of the Revised Code.	20610

Prior to the adoption of any resolution under this section,	20611
the board of county commissioners shall conduct two public	20612
hearings thereon, the second hearing to be not less than three nor	20613
more than ten days after the first. Notice of the date, time, and	20614
place of such hearings shall be given by publication in a	20615
newspaper of general circulation in the county once a week for two	20616
consecutive weeks, the second publication being not less than ten	20617
nor more than thirty days prior to the first hearing.	20618

No resolution under this section shall become effective	20619
sooner than thirty days following its adoption, and such	20620
resolution is subject to a referendum as provided in sections	20621
305.31 to 305.41 of the Revised Code, unless the resolution is	20622
adopted as an emergency measure necessary for the immediate	20623
preservation of the public peace, health, or safety, in which case	20624
it shall go into immediate effect. The emergency measure must	20625
receive an affirmative vote of all of the members of the board of	20626
county commissioners, and shall state the reasons for the	20627
necessity. A resolution may direct the board of elections to	20628
submit the question of levying the tax to the electors of the	20629
county at the next primary or general election occurring not less	20630
than ~~seventy-five~~eighty-five days after the resolution is	20631
certified to the board; no such resolution shall go into effect	20632
unless approved by a majority of those voting upon it. A county is	20633
not required to enact the tax authorized by section 4504.02 of the	20634
Revised Code in order to levy the tax authorized by this section,	20635
but no county may have in effect the tax authorized by this	20636
section if it repeals the tax authorized by section 4504.02 of the	20637
Revised Code after April 1, 1987.	20638

Sec. 4504.16. For the purpose of paying the costs of	20639
enforcing and administering the tax provided for in this section;	20640
for the various purposes stated in section 4504.02 of the Revised	20641
Code; and to supplement revenue already available for those	20642
purposes, any county that currently levies the tax authorized by	20643
section 4504.15 of the Revised Code may, by resolution adopted by	20644
its board of county commissioners, levy an annual license tax,	20645
that shall be in addition to the tax levied by that section and by	20646
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon	20647
the operation of motor vehicles upon the public roads and	20648
highways. The tax shall be at the rate of five dollars per motor	20649
vehicle on all motor vehicles the district of registration of	20650
which, as defined in section 4503.10 of the Revised Code, is	20651
located in the county levying the tax but is not located within	20652
any municipal corporation levying the tax authorized by section	20653
4504.171 of the Revised Code, and shall be in addition to the	20654
taxes at the rates specified in sections 4503.04 and 4503.16 of	20655
the Revised Code, subject to reductions in the manner provided in	20656
section 4503.11 of the Revised Code and the exemptions provided in	20657
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the	20658
Revised Code.	20659

Prior to the adoption of any resolution under this section,	20660
the board of county commissioners shall conduct two public	20661
hearings thereon, the second hearing to be not less than three nor	20662
more than ten days after the first. Notice of the date, time, and	20663
place of such hearings shall be given by publication in a	20664
newspaper of general circulation in the county once a week for two	20665
consecutive weeks, the second publication being not less than ten	20666
nor more than thirty days prior to the first hearing.	20667

No resolution under this section shall become effective	20668
sooner than thirty days following its adoption, and such	20669
resolution is subject to a referendum as provided in sections	20670
305.31 to 305.41 of the Revised Code, unless the resolution is	20671
adopted as an emergency measure necessary for the immediate	20672
preservation of the public peace, health, or safety, in which case	20673
it shall go into immediate effect. The emergency measure must	20674
receive an affirmative vote of all of the members of the board of	20675
county commissioners, and shall state the reasons for the	20676
necessity. A resolution may direct the board of elections to	20677
submit the question of levying the tax to the electors of the	20678
county at the next primary or general election occurring not less	20679
than ~~seventy-five~~eighty-five days after the resolution is	20680
certified to the board; no such resolution shall go into effect	20681
unless approved by a majority of those voting upon it.	20682

Nothing in this section or in section 4504.15 of the Revised	20683
Code shall be interpreted as preventing a county from levying the	20684
county motor vehicle license taxes authorized by such sections in	20685
a single resolution.	20686

Sec. 4504.21. (A) For the purpose of paying the costs and	20687
expenses of enforcing and administering the tax provided for in	20688
this section; for planning, constructing, reconstructing,	20689
improving, maintaining, and repairing roads, bridges, and	20690
culverts; for purchasing, erecting, and maintaining traffic signs,	20691
markers, lights, and signals; for paying debt service charges on	20692
obligations issued for those purposes; and to supplement revenue	20693
already available for those purposes, a transportation improvement	20694
district created in accordance with section 5540.02 of the Revised	20695
Code may levy an annual license tax upon the operation of motor	20696
vehicles on the public roads and highways in the territory of the	20697
district. The tax shall be levied in increments of five dollars	20698
and shall not exceed twenty dollars per motor vehicle on all motor	20699
vehicles the owners of which reside in the district and shall be	20700
in addition to all other taxes levied under this chapter, subject	20701
to reduction in the manner provided in division (B)(2) of section	20702
4503.11 of the Revised Code. The tax may be levied in all or part	20703
of the territory of the district.	20704

(B) The board of trustees of a transportation improvement	20705
district proposing to levy a motor vehicle license tax under this	20706
section shall put the question of the tax to the electors of the	20707
district or of that part of the district in which the tax would be	20708
levied. The election shall be held on the date of a primary or	20709
general election held not less than ~~seventy-five~~eighty-five days	20710
after the board of trustees certifies to the county board of	20711
elections its resolution proposing the tax. The resolution shall	20712
specify the rate of the tax. The board of elections shall submit	20713
the question of the tax to the electors at the primary or general	20714
election. The secretary of state shall prescribe the form of the	20715
ballot for the election. If approved by a majority of the electors	20716
voting on the question of the tax, the board of trustees shall	20717
levy the tax as provided in the resolution.	20718

(C) A transportation improvement district license tax levied	20719
under this section shall continue in effect until repealed, or	20720
until the dissolution of the transportation improvement district	20721
that levied it.	20722

(D) Money received by the registrar of motor vehicles	20723
pursuant to sections 4501.03 and 4504.09 of the Revised Code that	20724
consists of the taxes levied under this section shall be deposited	20725
in the auto registration distribution fund created by section	20726
4501.03 of the Revised Code and distributed to the transportation	20727
improvement district levying such tax. The registrar may assign to	20728
the transportation improvement district a unique code to	20729
facilitate the distribution of such money, which may be the same	20730
unique code assigned to a county under section 4501.03 of the	20731
Revised Code.	20732

Sec. 4506.03. (A) Except as provided in divisions (B) and	20733
(C) of this section, the following shall apply:	20734

(1) No person shall drive a commercial motor vehicle on a	20735
highway in this state unless the person holds, and has in the	20736
person's possession, a valid commercial driver's license with	20737
proper endorsements for the motor vehicle being driven, issued by	20738
the registrar of motor vehicles, a valid examiner's commercial	20739
driving permit issued under section 4506.13 of the Revised Code, a	20740
valid restricted commercial driver's license and waiver for	20741
farm-related service industries issued under section 4506.24 of	20742
the Revised Code, or a valid commercial driver's license temporary	20743
instruction permit issued by the registrar and is accompanied by	20744
an authorized state driver's license examiner or tester or a	20745
person who has been issued and has in the person's immediate	20746
possession a current, valid commercial driver's license with	20747
proper endorsements for the motor vehicle being driven.	20748

(2) No person shall be issued a commercial driver's license	20749
until the person surrenders to the registrar of motor vehicles all	20750
valid licenses issued to the person by another jurisdiction	20751
recognized by this state. The registrar shall report the surrender	20752
of a license to the issuing authority, together with information	20753
that a license is now issued in this state. The registrar shall	20754
destroy any such license that is not returned to the issuing	20755
authority.	20756

(3) No person who has been a resident of this state for	20757
thirty days or longer shall drive a commercial motor vehicle under	20758
the authority of a commercial driver's license issued by another	20759
jurisdiction.	20760

(B) Nothing in division (A) of this section applies to any	20761
qualified person when engaged in the operation of any of the	20762
following:	20763

(1) A farm truck;

20764

(2) Fire equipment for a fire department, volunteer or	20765
nonvolunteer fire company, fire district, or joint fire district;	20766

(3) A public safety vehicle used to provide transportation or	20767
emergency medical service for ill or injured persons;	20768

(4) A recreational vehicle;

20769

(5) A commercial motor vehicle within the boundaries of an	20770
eligible unit of local government, if the person is employed by	20771
the eligible unit of local government and is operating the	20772
commercial motor vehicle for the purpose of removing snow or ice	20773
from a roadway by plowing, sanding, or salting, but only if either	20774
the employee who holds a commercial driver's license issued under	20775
this chapter and ordinarily operates a commercial motor vehicle	20776
for these purposes is unable to operate the vehicle, or the	20777
employing eligible unit of local government determines that a snow	20778
or ice emergency exists that requires additional assistance;	20779

(6) A vehicle operated for military purposes by any member or	20780
uniformed employee of the armed forces of the United States or	20781
their reserve components, including the Ohio national guard. This	20782
exception does not apply to United States reserve technicians.	20783

(7) A commercial motor vehicle that is operated for	20784
nonbusiness purposes. "Operated for nonbusiness purposes" means	20785
that the commercial motor vehicle is not used in commerce as	20786
"commerce" is defined in 49 C.F.R. 383.5, as amended, and is not	20787
regulated by the public utilities commission pursuant to Chapter	20788
4919., 4921., or 4923. of the Revised Code.	20789

(8) A motor vehicle that is designed primarily for the	20790
transportation of goods and not persons, while that motor vehicle	20791
is being used for the occasional transportation of personal	20792
property by individuals not for compensation and not in the	20793
furtherance of a commercial enterprise;	20794

(9) A police SWAT team vehicle;

20795

(10) A police vehicle used to transport prisoners.

20796

(C) Nothing contained in division (B)(5) of this section	20797
shall be construed as preempting or superseding any law, rule, or	20798
regulation of this state concerning the safe operation of	20799
commercial motor vehicles.	20800

(D) Not later than December 31, 2011, no license shall	20801
display on its face any administrative number other than the	20802
distinguishing number assigned to the licensee; if the registrar	20803
requires any other administrative number to be printed on a	20804
commercial driver's license, that number shall appear only on the	20805
reverse side of the license.	20806

(E) Whoever violates this section is guilty of a misdemeanor	20807
of the first degree.	20808

Sec. 4507.13. (A) The registrar of motor vehicles shall	20809
issue a driver's license to every person licensed as an operator	20810
of motor vehicles other than commercial motor vehicles. No person	20811
licensed as a commercial motor vehicle driver under Chapter 4506.	20812
of the Revised Code need procure a driver's license, but no person	20813
shall drive any commercial motor vehicle unless licensed as a	20814
commercial motor vehicle driver.	20815

Every driver's license shall display on it the distinguishing	20816
number assigned to the licensee and shall display the licensee's	20817
name and date of birth; the licensee's residence address and	20818
county of residence; a color photograph of the licensee; a brief	20819
description of the licensee for the purpose of identification; a	20820
facsimile of the signature of the licensee as it appears on the	20821
application for the license; a notation, in a manner prescribed by	20822
the registrar, indicating any condition described in division	20823
(D)(3) of section 4507.08 of the Revised Code to which the	20824
licensee is subject; if the licensee has executed a durable power	20825
of attorney for health care or a declaration governing the use or	20826
continuation, or the withholding or withdrawal, of life-sustaining	20827
treatment and has specified that the licensee wishes the license	20828
to indicate that the licensee has executed either type of	20829
instrument, any symbol chosen by the registrar to indicate that	20830
the licensee has executed either type of instrument; on and after	20831
October 7, 2009, if the licensee has specified that the licensee	20832
wishes the license to indicate that the licensee is a veteran,	20833
active duty, or reservist of the armed forces of the United	20834
States and has presented a copy of the licensee's DD-214 form or	20835
an equivalent document, any symbol chosen by the registrar to	20836
indicate that the licensee is a veteran, active duty, or reservist	20837
of the armed forces of the United States; and any additional	20838
information that the registrar requires by rule. No license shall	20839
display the licensee's social security number unless the licensee	20840
specifically requests that the licensee's social security number	20841
be displayed on the license. If federal law requires the	20842
licensee's social security number to be displayed on the license,	20843
the social security number shall be displayed on the license	20844
notwithstanding this section. Not later than December 31, 2011, no	20845
license shall display on its face any administrative number other	20846
than the distinguishing number assigned to the licensee; if the	20847
registrar requires any administrative number to be printed on a	20848
driver's license, that number shall appear only on the reverse	20849
side of the license.	20850

The driver's license for licensees under twenty-one years of	20851
age shall have characteristics prescribed by the registrar	20852
distinguishing it from that issued to a licensee who is twenty-one	20853
years of age or older, except that a driver's license issued to a	20854
person who applies no more than thirty days before the applicant's	20855
twenty-first birthday shall have the characteristics of a license	20856
issued to a person who is twenty-one years of age or older.	20857

The driver's license issued to a temporary resident shall	20858
contain the word "nonrenewable" and shall have any additional	20859
characteristics prescribed by the registrar distinguishing it	20860
from a license issued to a resident.	20861

Every driver's or commercial driver's license displaying a	20862
motorcycle operator's endorsement and every restricted license to	20863
operate a motor vehicle also shall display the designation	20864
"novice," if the endorsement or license is issued to a person who	20865
is eighteen years of age or older and previously has not been	20866
licensed to operate a motorcycle by this state or another	20867
jurisdiction recognized by this state. The "novice" designation	20868
shall be effective for one year after the date of issuance of the	20869
motorcycle operator's endorsement or license.	20870

Each license issued under this section shall be of such	20871
material and so designed as to prevent its reproduction or	20872
alteration without ready detection and, to this end, shall be	20873
laminated with a transparent plastic material.	20874

(B) Except in regard to a driver's license issued to a person	20875
who applies no more than thirty days before the applicant's	20876
twenty-first birthday, neither the registrar nor any deputy	20877
registrar shall issue a driver's license to anyone under	20878
twenty-one years of age that does not have the characteristics	20879
prescribed by the registrar distinguishing it from the driver's	20880
license issued to persons who are twenty-one years of age or	20881
older.	20882

(C) Whoever violates division (B) of this section is guilty	20883
of a minor misdemeanor.	20884

Sec. 4507.52. (A) Each identification card issued by the	20885
registrar of motor vehicles or a deputy registrar shall display a	20886
distinguishing number assigned to the cardholder, and shall	20887
display the following inscription:	20888

"STATE OF OHIO IDENTIFICATION CARD	20889

This card is not valid for the purpose of operating a motor	20890
vehicle. It is provided solely for the purpose of establishing	20891
the identity of the bearer described on the card, who currently	20892
is not licensed to operate a motor vehicle in the state of	20893
Ohio."	20894

The identification card shall display substantially the same	20895
information as contained in the application and as described in	20896
division (A)(1) of section 4507.51 of the Revised Code, but shall	20897
not display the cardholder's social security number unless the	20898
cardholder specifically requests that the cardholder's social	20899
security number be displayed on the card. If federal law requires	20900
the cardholder's social security number to be displayed on the	20901
identification card, the social security number shall be displayed	20902
on the card notwithstanding this section. The identification card	20903
also shall display the color photograph of the cardholder. If the	20904
cardholder has executed a durable power of attorney for health	20905
care or a declaration governing the use or continuation, or the	20906
withholding or withdrawal, of life-sustaining treatment and has	20907
specified that the cardholder wishes the identification card to	20908
indicate that the cardholder has executed either type of	20909
instrument, the card also shall display any symbol chosen by the	20910
registrar to indicate that the cardholder has executed either type	20911
of instrument. On and after October 7, 2009, if the cardholder	20912
has specified that the cardholder wishes the identification	20913
card to indicate that the cardholder is a veteran, active duty,	20914
or reservist of the armed forces of the United States and has	20915
presented a copy of the cardholder's DD-214 form or an	20916
equivalent document, the card also shall display any symbol	20917
chosen by the registrar to indicate that the cardholder is a	20918
veteran, active duty, or reservist of the armed forces of the	20919
United States. Not later than December 31, 2011, no	20920
identification card shall display on its face any administrative	20921
number other than a distinguishing number assigned to the	20922
cardholder; if the registrar requires any administrative number	20923
to be printed on an identification card, that number shall appear	20924
only on the reverse side of the card. The card shall be sealed	20925
in transparent plastic or similar material and shall be so	20926
designed as to prevent its reproduction or alteration without	20927
ready detection.	20928

The identification card for persons under twenty-one years of	20929
age shall have characteristics prescribed by the registrar	20930
distinguishing it from that issued to a person who is twenty-one	20931
years of age or older, except that an identification card issued	20932
to a person who applies no more than thirty days before the	20933
applicant's twenty-first birthday shall have the characteristics	20934
of an identification card issued to a person who is twenty-one	20935
years of age or older.	20936

Every identification card issued to a resident of this state	20937
shall expire, unless canceled or surrendered earlier, on the	20938
birthday of the cardholder in the fourth year after the date on	20939
which it is issued. Every identification card issued to a	20940
temporary resident shall expire in accordance with rules adopted	20941
by the registrar and is nonrenewable, but may be replaced with a	20942
new identification card upon the applicant's compliance with all	20943
applicable requirements. A cardholder may renew the cardholder's	20944
identification card within ninety days prior to the day on which	20945
it expires by filing an application and paying the prescribed fee	20946
in accordance with section 4507.50 of the Revised Code.	20947

If a cardholder applies for a driver's or commercial driver's	20948
license in this state or another licensing jurisdiction, the	20949
cardholder shall surrender the cardholder's identification card to	20950
the registrar or any deputy registrar before the license is	20951
issued.	20952

(B) If a card is lost, destroyed, or mutilated, the person to	20953
whom the card was issued may obtain a duplicate by doing both of	20954
the following:	20955

(1) Furnishing suitable proof of the loss, destruction, or	20956
mutilation to the registrar or a deputy registrar;	20957

(2) Filing an application and presenting documentary	20958
evidence under section 4507.51 of the Revised Code.	20959

Any person who loses a card and, after obtaining a duplicate,	20960
finds the original, immediately shall surrender the original to	20961
the registrar or a deputy registrar.	20962

A cardholder may obtain a replacement identification card	20963
that reflects any change of the cardholder's name by furnishing	20964
suitable proof of the change to the registrar or a deputy	20965
registrar and surrendering the cardholder's existing card.	20966

When a cardholder applies for a duplicate or obtains a	20967
replacement identification card, the cardholder shall pay a fee of	20968
two dollars and fifty cents. A deputy registrar shall be allowed	20969
an additional fee of two dollars and seventy-five cents commencing	20970
on July 1, 2001, three dollars and twenty-five cents commencing on	20971
January 1, 2003, and three dollars and fifty cents commencing on	20972
January 1, 2004, for issuing a duplicate or replacement	20973
identification card. A disabled veteran who is a cardholder and	20974
has a service-connected disability rated at one hundred per cent	20975
by the veterans' administration may apply to the registrar or a	20976
deputy registrar for the issuance of a duplicate or replacement	20977
identification card without payment of any fee prescribed in this	20978
section, and without payment of any lamination fee if the disabled	20979
veteran would not be required to pay a lamination fee in	20980
connection with the issuance of an identification card or	20981
temporary identification card as provided in division (B) of	20982
section 4507.50 of the Revised Code.	20983

A duplicate or replacement identification card shall expire	20984
on the same date as the card it replaces.	20985

(C) The registrar shall cancel any card upon determining that	20986
the card was obtained unlawfully, issued in error, or was	20987
altered. The registrar also shall cancel any card that is	20988
surrendered to the registrar or to a deputy registrar after the	20989
holder has obtained a duplicate, replacement, or driver's or	20990
commercial driver's license.	20991

(D)(1) No agent of the state or its political subdivisions	20992
shall condition the granting of any benefit, service, right, or	20993
privilege upon the possession by any person of an identification	20994
card. Nothing in this section shall preclude any publicly	20995
operated or franchised transit system from using an	20996
identification card for the purpose of granting benefits or	20997
services of the system.	20998

(2) No person shall be required to apply for, carry, or	20999
possess an identification card.	21000

(E) Except in regard to an identification card issued to a	21001
person who applies no more than thirty days before the applicant's	21002
twenty-first birthday, neither the registrar nor any deputy	21003
registrar shall issue an identification card to a person under	21004
twenty-one years of age that does not have the characteristics	21005
prescribed by the registrar distinguishing it from the	21006
identification card issued to persons who are twenty-one years of	21007
age or older.	21008

(F) Whoever violates division (E) of this section is guilty	21009
of a minor misdemeanor.	21010

Sec. 4928.20. (A) The legislative authority of a municipal	21011
corporation may adopt an ordinance, or the board of township	21012
trustees of a township or the board of county commissioners of a	21013
county may adopt a resolution, under which, on or after the	21014
starting date of competitive retail electric service, it may	21015
aggregate in accordance with this section the retail electrical	21016
loads located, respectively, within the municipal corporation,	21017
township, or unincorporated area of the county and, for that	21018
purpose, may enter into service agreements to facilitate for those	21019
loads the sale and purchase of electricity. The legislative	21020
authority or board also may exercise such authority jointly with	21021
any other such legislative authority or board. For customers that	21022
are not mercantile customers, an ordinance or resolution under	21023
this division shall specify whether the aggregation will occur	21024
only with the prior, affirmative consent of each person owning,	21025
occupying, controlling, or using an electric load center proposed	21026
to be aggregated or will occur automatically for all such persons	21027
pursuant to the opt-out requirements of division (D) of this	21028
section. The aggregation of mercantile customers shall occur only	21029
with the prior, affirmative consent of each such person owning,	21030
occupying, controlling, or using an electric load center proposed	21031
to be aggregated. Nothing in this division, however, authorizes	21032
the aggregation of the retail electric loads of an electric load	21033
center, as defined in section 4933.81 of the Revised Code, that	21034
is located in the certified territory of a nonprofit electric	21035
supplier under sections 4933.81 to 4933.90 of the Revised Code or	21036
an electric load center served by transmission or distribution	21037
facilities of a municipal electric utility.	21038

(B) If an ordinance or resolution adopted under division (A)	21039
of this section specifies that aggregation of customers that are	21040
not mercantile customers will occur automatically as described in	21041
that division, the ordinance or resolution shall direct the board	21042
of elections to submit the question of the authority to aggregate	21043
to the electors of the respective municipal corporation, township,	21044
or unincorporated area of a county at a special election on the	21045
day of the next primary or general election in the municipal	21046
corporation, township, or county. The legislative authority or	21047
board shall certify a copy of the ordinance or resolution to the	21048
board of elections not less than ~~seventy-five~~eighty-five days	21049
before the day of the special election. No ordinance or	21050
resolution adopted under division (A) of this section that	21051
provides for an election under this division shall take effect	21052
unless approved by a majority of the electors voting upon the	21053
ordinance or resolution at the election held pursuant to this	21054
division.	21055

(C) Upon the applicable requisite authority under divisions	21056
(A) and (B) of this section, the legislative authority or board	21057
shall develop a plan of operation and governance for the	21058
aggregation program so authorized. Before adopting a plan under	21059
this division, the legislative authority or board shall hold at	21060
least two public hearings on the plan. Before the first hearing,	21061
the legislative authority or board shall publish notice of the	21062
hearings once a week for two consecutive weeks in a newspaper of	21063
general circulation in the jurisdiction. The notice shall	21064
summarize the plan and state the date, time, and location of each	21065
hearing.	21066

(D) No legislative authority or board, pursuant to an	21067
ordinance or resolution under divisions (A) and (B) of this	21068
section that provides for automatic aggregation of customers that	21069
are not mercantile customers as described in division (A) of this	21070
section, shall aggregate the electrical load of any electric load	21071
center located within its jurisdiction unless it in advance	21072
clearly discloses to the person owning, occupying, controlling,	21073
or using the load center that the person will be enrolled	21074
automatically in the aggregation program and will remain so	21075
enrolled unless the person affirmatively elects by a stated	21076
procedure not to be so enrolled. The disclosure shall state	21077
prominently the rates, charges, and other terms and conditions of	21078
enrollment. The stated procedure shall allow any person enrolled	21079
in the aggregation program the opportunity to opt out of the	21080
program every three years, without paying a switching fee. Any	21081
such person that opts out before the commencement of the	21082
aggregation program pursuant to the stated procedure shall	21083
default to the standard service offer provided under section	21084
4928.14 or division (D) of section 4928.35 of the Revised Code	21085
until the person chooses an alternative supplier.	21086

(E)(1) With respect to a governmental aggregation for a	21087
municipal corporation that is authorized pursuant to divisions (A)	21088
to (D) of this section, resolutions may be proposed by initiative	21089
or referendum petitions in accordance with sections 731.28 to	21090
731.41 of the Revised Code.	21091

(2) With respect to a governmental aggregation for a township	21092
or the unincorporated area of a county, which aggregation is	21093
authorized pursuant to divisions (A) to (D) of this section,	21094
resolutions may be proposed by initiative or referendum petitions	21095
in accordance with sections 731.28 to 731.40 of the Revised Code,	21096
except that:	21097

(a) The petitions shall be filed, respectively, with the	21098
township fiscal officer or the board of county commissioners, who	21099
shall perform those duties imposed under those sections upon the	21100
city auditor or village clerk.	21101

(b) The petitions shall contain the signatures of not less	21102
than ten per cent of the total number of electors in,	21103
respectively, the township or the unincorporated area of the	21104
county who voted for the office of governor at the preceding	21105
general election for that office in that area.	21106

(F) A governmental aggregator under division (A) of this	21107
section is not a public utility engaging in the wholesale purchase	21108
and resale of electricity, and provision of the aggregated service	21109
is not a wholesale utility transaction. A governmental aggregator	21110
shall be subject to supervision and regulation by the public	21111
utilities commission only to the extent of any competitive retail	21112
electric service it provides and commission authority under this	21113
chapter.	21114

(G) This section does not apply in the case of a municipal	21115
corporation that supplies such aggregated service to electric load	21116
centers to which its municipal electric utility also supplies a	21117
noncompetitive retail electric service through transmission or	21118
distribution facilities the utility singly or jointly owns or	21119
operates.	21120

(H) A governmental aggregator shall not include in its	21121
aggregation the accounts of any of the following:	21122

(1) A customer that has opted out of the aggregation;

21123

(2) A customer in contract with a certified electric	21124
services company;	21125

(3) A customer that has a special contract with an electric	21126
distribution utility;	21127

(4) A customer that is not located within the governmental	21128
aggregator's governmental boundaries;	21129

(5) Subject to division (C) of section 4928.21 of the Revised	21130
Code, a customer who appears on the "do not aggregate" list	21131
maintained under that section.	21132

(I) Customers that are part of a governmental aggregation	21133
under this section shall be responsible only for such portion of a	21134
surcharge under section 4928.144 of the Revised Code that is	21135
proportionate to the benefits, as determined by the commission,	21136
that electric load centers within the jurisdiction of the	21137
governmental aggregation as a group receive. The proportionate	21138
surcharge so established shall apply to each customer of the	21139
governmental aggregation while the customer is part of that	21140
aggregation. If a customer ceases being such a customer, the	21141
otherwise applicable surcharge shall apply. Nothing in this	21142
section shall result in less than full recovery by an electric	21143
distribution utility of any surcharge authorized under section	21144
4928.144 of the Revised Code.	21145

(J) On behalf of the customers that are part of a	21146
governmental aggregation under this section and by filing written	21147
notice with the public utilities commission, the legislative	21148
authority that formed or is forming that governmental aggregation	21149
may elect not to receive standby service within the meaning of	21150
division (B)(2)(d) of section 4928.143 of the Revised Code from	21151
an electric distribution utility in whose certified territory	21152
the governmental aggregation is located and that operates under	21153
an approved electric security plan under that section. Upon the	21154
filing of that notice, the electric distribution utility shall	21155
not charge any such customer to whom competitive retail electric	21156
generation service is provided by another supplier under the	21157
governmental aggregation for the standby service. Any such	21158
consumer that returns to the utility for competitive retail	21159
electric service shall pay the market price of power incurred by	21160
the utility to serve that consumer plus any amount attributable	21161
to the utility's cost of compliance with the alternative energy	21162
resource provisions of section 4928.64 of the Revised Code to	21163
serve the consumer. Such market price shall include, but not be	21164
limited to, capacity and energy charges; all charges associated	21165
with the provision of that power supply through the regional	21166
transmission organization, including, but not limited to,	21167
transmission, ancillary services, congestion, and settlement and	21168
administrative charges; and all other costs incurred by the	21169
utility that are associated with the procurement, provision, and	21170
administration of that power supply, as such costs may be	21171
approved by the commission. The period of time during which the	21172
market price and alternative energy resource amount shall be so	21173
assessed on the consumer shall be from the time the consumer so	21174
returns to the electric distribution utility until the	21175
expiration of the electric security plan. However, if that period	21176
of time is expected to be more than two years, the commission may	21177
reduce the time period to a period of not less than two years.	21178

(K) The commission shall adopt rules to encourage and promote	21179
large-scale governmental aggregation in this state. For that	21180
purpose, the commission shall conduct an immediate review of any	21181
rules it has adopted for the purpose of this section that are in	21182
effect on the effective date of the amendment of this section by	21183
S.B. 221 of the 127th general assembly, July 31, 2008. Further,	21184
within the context of an electric security plan under section	21185
4928.143 of the Revised Code, the commission shall consider the	21186
effect on large-scale governmental aggregation of any	21187
nonbypassable generation charges, however collected, that would	21188
be established under that plan, except any nonbypassable	21189
generation charges that relate to any cost incurred by the	21190
electric distribution utility, the deferral of which has been	21191
authorized by the commission prior to the effective date of the	21192
amendment of this section by S.B. 221 of the 127th general	21193
assembly, July 31, 2008.	21194

Sec. 4929.26. (A)(1) The legislative authority of a	21195
municipal corporation may adopt an ordinance, or the board of	21196
township trustees of a township or the board of county	21197
commissioners of a county may adopt a resolution, under which, in	21198
accordance with this section and except as otherwise provided in	21199
division (A)(2) of this section, the legislative authority or	21200
board may aggregate automatically, subject to the opt-out	21201
requirements of division (D) of this section, competitive retail	21202
natural gas service for the retail natural gas loads that are	21203
located, respectively, within the municipal corporation, township,	21204
or unincorporated area of the county and for which there is a	21205
choice of supplier of that service as a result of revised	21206
schedules approved under division (C) of section 4929.29 of the	21207
Revised Code, a rule or order adopted or issued by the commission	21208
under Chapter 4905. of the Revised Code, or an exemption granted	21209
by the commission under sections 4929.04 to 4929.08 of the Revised	21210
Code. An ordinance or a resolution adopted under this section	21211
shall expressly state that it is adopted pursuant to the authority	21212
conferred by this section. The legislative authority or board also	21213
may exercise its authority under this section jointly with any	21214
other such legislative authority or board. For the purpose of the	21215
aggregation, the legislative authority or board may enter into	21216
service agreements to facilitate the sale and purchase of the	21217
service for the retail natural gas loads.	21218

(2)(a) No aggregation under an ordinance or resolution	21219
adopted under division (A)(1) of this section shall include the	21220
retail natural gas load of any person that meets any of the	21221
following criteria:	21222

(i) The person is both a distribution service customer and a	21223
mercantile customer on the date of commencement of service to the	21224
aggregated load, or the person becomes a distribution service	21225
customer after that date and also is a mercantile customer.	21226

(ii) The person is supplied with commodity sales service	21227
pursuant to a contract with a retail natural gas supplier that is	21228
in effect on the effective date of the ordinance or resolution.	21229

(iii) The person is supplied with commodity sales service as	21230
part of a retail natural gas load aggregation provided for	21231
pursuant to a rule or order adopted or issued by the commission	21232
under this chapter or Chapter 4905. of the Revised Code.	21233

(b) Nothing in division (A)(2)(a) of this section precludes a	21234
governmental aggregation under this section from permitting the	21235
retail natural gas load of a person described in division	21236
(A)(2)(a) of this section from being included in the aggregation	21237
upon the expiration of any contract or aggregation as described in	21238
division (A)(2)(a)(ii) or (iii) of this section or upon the person	21239
no longer being a customer as described in division (A)(2)(a)(i)	21240
of this section or qualifying to be included in an aggregation	21241
described under division (A)(2)(a)(iii) of this section.	21242

(B) An ordinance or resolution adopted under division (A) of	21243
this section shall direct the board of elections to submit the	21244
question of the authority to aggregate to the electors of the	21245
respective municipal corporation, township, or unincorporated area	21246
of a county at a special election on the day of the next primary	21247
or general election in the municipal corporation, township, or	21248
county. The legislative authority or board shall certify a copy of	21249
the ordinance or resolution to the board of elections not less	21250
than ~~seventy-five~~eighty-five days before the day of the special	21251
election. No ordinance or resolution adopted under division (A) of	21252
this section that provides for an election under this division	21253
shall take effect unless approved by a majority of the electors	21254
voting upon the ordinance or resolution at the election held	21255
pursuant to this division.	21256

(C) Upon the applicable requisite authority under divisions	21257
(A) and (B) of this section, the legislative authority or board	21258
shall develop a plan of operation and governance for the	21259
aggregation program so authorized. Before adopting a plan under	21260
this division, the legislative authority or board shall hold at	21261
least two public hearings on the plan. Before the first hearing,	21262
the legislative authority or board shall publish notice of the	21263
hearings once a week for two consecutive weeks in a newspaper of	21264
general circulation in the jurisdiction. The notice shall	21265
summarize the plan and state the date, time, and location of each	21266
hearing.	21267

(D) No legislative authority or board, pursuant to an	21268
ordinance or resolution under divisions (A) and (B) of this	21269
section, shall aggregate any retail natural gas load located	21270
within its jurisdiction unless it in advance clearly discloses to	21271
the person whose retail natural gas load is to be so aggregated	21272
that the person will be enrolled automatically in the aggregation	21273
and will remain so enrolled unless the person affirmatively elects	21274
by a stated procedure not to be so enrolled. The disclosure shall	21275
state prominently the rates, charges, and other terms and	21276
conditions of enrollment. The stated procedure shall allow any	21277
person enrolled in the aggregation the opportunity to opt out of	21278
the aggregation every two years, without paying a switching fee.	21279
Any such person that opts out of the aggregation pursuant to the	21280
stated procedure shall default to the natural gas company	21281
providing distribution service for the person's retail natural gas	21282
load, until the person chooses an alternative supplier.	21283

(E)(1) With respect to a governmental aggregation for a	21284
municipal corporation that is authorized pursuant to divisions (A)	21285
to (D) of this section, resolutions may be proposed by initiative	21286
or referendum petitions in accordance with sections 731.28 to	21287
731.41 of the Revised Code.	21288

(2) With respect to a governmental aggregation for a township	21289
or the unincorporated area of a county, which aggregation is	21290
authorized pursuant to divisions (A) to (D) of this section,	21291
resolutions may be proposed by initiative or referendum petitions	21292
in accordance with sections 731.28 to 731.40 of the Revised Code,	21293
except that:	21294

(a) The petitions shall be filed, respectively, with the	21295
township fiscal officer or the board of county commissioners, who	21296
shall perform those duties imposed under those sections upon the	21297
city auditor or village clerk.	21298

(b) The petitions shall contain the signatures of not less	21299
than ten per cent of the total number of electors in the township	21300
or the unincorporated area of the county, respectively, who voted	21301
for the office of governor at the preceding general election for	21302
that office in that area.	21303

(F) A governmental aggregator under division (A) of this	21304
section is not a public utility engaging in the wholesale purchase	21305
and resale of natural gas, and provision of the aggregated service	21306
is not a wholesale utility transaction. A governmental aggregator	21307
shall be subject to supervision and regulation by the public	21308
utilities commission only to the extent of any competitive retail	21309
natural gas service it provides and commission authority under	21310
this chapter.	21311

Sec. 4931.51. (A)(1) For the purpose of paying the costs of	21312
establishing, equipping, and furnishing one or more public safety	21313
answering points as part of a countywide 9-1-1 system effective	21314
under division (B) of section 4931.44 of the Revised Code and	21315
paying the expense of administering and enforcing this section,	21316
the board of county commissioners of a county, in accordance with	21317
this section, may fix and impose, on each lot or parcel of real	21318
property in the county that is owned by a person, municipal	21319
corporation, township, or other political subdivision and is	21320
improved, or is in the process of being improved, reasonable	21321
charges to be paid by each such owner. The charges shall be	21322
sufficient to pay only the estimated allowed costs and shall be	21323
equal in amount for all such lots or parcels.	21324

(2) For the purpose of paying the costs of operating and	21325
maintaining the answering points and paying the expense of	21326
administering and enforcing this section, the board, in accordance	21327
with this section, may fix and impose reasonable charges to be	21328
paid by each owner, as provided in division (A)(1) of this	21329
section, that shall be sufficient to pay only the estimated	21330
allowed costs and shall be equal in amount for all such lots or	21331
parcels. The board may fix and impose charges under this division	21332
pursuant to a resolution adopted for the purposes of both	21333
divisions (A)(1) and (2) of this section or pursuant to a	21334
resolution adopted solely for the purpose of division (A)(2) of	21335
this section, and charges imposed under division (A)(2) of this	21336
section may be separately imposed or combined with charges imposed	21337
under division (A)(1) of this section.	21338

(B) Any board adopting a resolution under this section	21339
pursuant to a final plan initiating the establishment of a 9-1-1	21340
system or pursuant to an amendment to a final plan shall adopt the	21341
resolution within sixty days after the board receives the final	21342
plan for the 9-1-1 system pursuant to division (C) of section	21343
4931.43 of the Revised Code. The board by resolution may change	21344
any charge imposed under this section whenever the board considers	21345
it advisable. Any resolution adopted under this section shall	21346
declare whether securities will be issued under Chapter 133. of	21347
the Revised Code in anticipation of the collection of unpaid	21348
special assessments levied under this section.	21349

(C) The board shall adopt a resolution under this section at	21350
a public meeting held in accordance with section 121.22 of the	21351
Revised Code. Additionally, the board, before adopting any such	21352
resolution, shall hold at least two public hearings on the	21353
proposed charges. Prior to the first hearing, the board shall	21354
publish notice of the hearings once a week for two consecutive	21355
weeks in a newspaper of general circulation in the county. The	21356
notice shall include a listing of the charges proposed in the	21357
resolution and the date, time, and location of each of the	21358
hearings. The board shall hear any person who wishes to testify on	21359
the charges or the resolution.	21360

(D) No resolution adopted under this section shall be	21361
effective sooner than thirty days following its adoption nor shall	21362
any such resolution be adopted as an emergency measure. The	21363
resolution is subject to a referendum in accordance with sections	21364
305.31 to 305.41 of the Revised Code unless, in the resolution,	21365
the board of county commissioners directs the board of elections	21366
of the county to submit the question of imposing the charges to	21367
the electors of the county at the next primary or general election	21368
in the county occurring not less than ~~seventy-five~~eighty-five	21369
days after the resolution is certified to the board. No resolution	21370
shall go into effect unless approved by a majority of those voting	21371
upon it in any election allowed under this division.	21372

(E) To collect charges imposed under division (A) of this	21373
section, the board of county commissioners shall certify them to	21374
the county auditor of the county who then shall place them upon	21375
the real property duplicate against the properties to be assessed,	21376
as provided in division (A) of this section. Each assessment shall	21377
bear interest at the same rate that securities issued in	21378
anticipation of the collection of the assessments bear, is a lien	21379
on the property assessed from the date placed upon the real	21380
property duplicate by the auditor, and shall be collected in the	21381
same manner as other taxes.	21382

(F) All money collected by or on behalf of a county under	21383
this section shall be paid to the county treasurer of the county	21384
and kept in a separate and distinct fund to the credit of the	21385
county. The fund shall be used to pay the costs allowed in	21386
division (A) of this section and specified in the resolution	21387
adopted under that division. In no case shall any surplus so	21388
collected be expended for other than the use and benefit of the	21389
county.	21390

Sec. 4931.52. (A) This section applies only to a county that	21391
meets both of the following conditions:	21392

(1) A final plan for a countywide 9-1-1 system either has not	21393
been approved in the county under section 4931.44 of the Revised	21394
Code or has been approved but has not been put into operation	21395
because of a lack of funding;	21396

(2) The board of county commissioners, at least once, has	21397
submitted to the electors of the county the question of raising	21398
funds for a 9-1-1 system under section 4931.51, 5705.19, or	21399
5739.026 of the Revised Code, and a majority of the electors has	21400
disapproved the question each time it was submitted.	21401

(B) A board of county commissioners may adopt a resolution	21402
imposing a monthly charge on telephone access lines to pay for the	21403
equipment costs of establishing and maintaining no more than three	21404
public safety answering points of a countywide 9-1-1 system, which	21405
public safety answering points shall be only twenty-four-hour	21406
dispatching points already existing in the county. The resolution	21407
shall state the amount of the charge, which shall not exceed fifty	21408
cents per month, and the month the charge will first be imposed,	21409
which shall be no earlier than four months after the special	21410
election held pursuant to this section. Each residential and	21411
business telephone company customer within the area served by the	21412
9-1-1 system shall pay the monthly charge for each of its	21413
residential or business customer access lines or their equivalent.	21414

Before adopting a resolution under this division, the board	21415
of county commissioners shall hold at least two public hearings on	21416
the proposed charge. Before the first hearing, the board shall	21417
publish notice of the hearings once a week for two consecutive	21418
weeks in a newspaper of general circulation in the county. The	21419
notice shall state the amount of the proposed charge, an	21420
explanation of the necessity for the charge, and the date, time,	21421
and location of each of the hearings.	21422

(C) A resolution adopted under division (B) of this section	21423
shall direct the board of elections to submit the question of	21424
imposing the charge to the electors of the county at a special	21425
election on the day of the next primary or general election in the	21426
county. The board of county commissioners shall certify a copy of	21427
the resolution to the board of elections not less than	21428
~~seventy-five~~eighty-five days before the day of the special	21429
election. No resolution adopted under division (B) of this section	21430
shall take effect unless approved by a majority of the electors	21431
voting upon the resolution at an election held pursuant to this	21432
section.	21433

In any year, the board of county commissioners may impose a	21434
lesser charge than the amount originally approved by the electors.	21435
The board may change the amount of the charge no more than once a	21436
year. The board may not impose a charge greater than the amount	21437
approved by the electors without first holding an election on the	21438
question of the greater charge.	21439

(D) Money raised from a monthly charge on telephone access	21440
lines under this section shall be deposited into a special fund	21441
created in the county treasury by the board of county	21442
commissioners pursuant to section 5705.12 of the Revised Code, to	21443
be used only for the necessary equipment costs of establishing and	21444
maintaining no more than three public safety answering points of a	21445
countywide 9-1-1 system pursuant to a resolution adopted under	21446
division (B) of this section. In complying with this division, any	21447
county may seek the assistance of the public utilities commission	21448
with regard to operating and maintaining a 9-1-1 system.	21449

(E) Pursuant to the voter approval required by division (C)	21450
of this section, the final plan for a countywide 9-1-1 system that	21451
will be funded through a monthly charge imposed in accordance with	21452
this section shall be amended by the existing 9-1-1 planning	21453
committee, and the amendment of such a final plan is not an	21454
amendment of a final plan for the purpose of division (A) of	21455
section 4931.45 of the Revised Code.	21456

Sec. 4931.53. (A) This section applies only to a county that	21457
has a final plan for a countywide 9-1-1 system that either has not	21458
been approved in the county under section 4931.44 of the Revised	21459
Code or has been approved but has not been put into operation	21460
because of a lack of funding.	21461

(B) A board of county commissioners may adopt a resolution	21462
imposing a monthly charge on telephone access lines to pay for the	21463
operating and equipment costs of establishing and maintaining no	21464
more than one public safety answering point of a countywide 9-1-1	21465
system. The resolution shall state the amount of the charge, which	21466
shall not exceed fifty cents per month, and the month the charge	21467
will first be imposed, which shall be no earlier than four months	21468
after the special election held pursuant to this section. Each	21469
residential and business telephone company customer within the	21470
area of the county served by the 9-1-1 system shall pay the	21471
monthly charge for each of its residential or business customer	21472
access lines or their equivalent.	21473

Before adopting a resolution under this division, the board	21474
of county commissioners shall hold at least two public hearings on	21475
the proposed charge. Before the first hearing, the board shall	21476
publish notice of the hearings once a week for two consecutive	21477
weeks in a newspaper of general circulation in the county. The	21478
notice shall state the amount of the proposed charge, an	21479
explanation of the necessity for the charge, and the date, time,	21480
and location of each of the hearings.	21481

(C) A resolution adopted under division (B) of this section	21482
shall direct the board of elections to submit the question of	21483
imposing the charge to the electors of the county at a special	21484
election on the day of the next primary or general election in the	21485
county. The board of county commissioners shall certify a copy of	21486
the resolution to the board of elections not less than	21487
~~seventy-five~~eighty-five days before the day of the special	21488
election. No resolution adopted under division (B) of this section	21489
shall take effect unless approved by a majority of the electors	21490
voting upon the resolution at an election held pursuant to this	21491
section.	21492

In any year, the board of county commissioners may impose a	21493
lesser charge than the amount originally approved by the electors.	21494
The board may change the amount of the charge no more than once a	21495
year. The board shall not impose a charge greater than the amount	21496
approved by the electors without first holding an election on the	21497
question of the greater charge.	21498

(D) Money raised from a monthly charge on telephone access	21499
lines under this section shall be deposited into a special fund	21500
created in the county treasury by the board of county	21501
commissioners pursuant to section 5705.12 of the Revised Code, to	21502
be used only for the necessary operating and equipment costs of	21503
establishing and maintaining no more than one public safety	21504
answering point of a countywide 9-1-1 system pursuant to a	21505
resolution adopted under division (B) of this section. In	21506
complying with this division, any county may seek the assistance	21507
of the public utilities commission with regard to operating and	21508
maintaining a 9-1-1 system.	21509

(E) Nothing in sections 4931.40 to 4931.53 of the Revised	21510
Code precludes a final plan adopted in accordance with those	21511
sections from being amended to provide that, by agreement included	21512
in the plan, a public safety answering point of another countywide	21513
9-1-1 system is the public safety answering point of a countywide	21514
9-1-1 system funded through a monthly charge imposed in accordance	21515
with this section. In that event, the county for which the public	21516
safety answering point is provided shall be deemed the subdivision	21517
operating the public safety answering point for purposes of	21518
sections 4931.40 to 4931.53 of the Revised Code, except that, for	21519
the purpose of division (D) of section 4931.41 of the Revised	21520
Code, the county shall pay only so much of the costs associated	21521
with establishing, equipping, furnishing, operating, or	21522
maintaining the public safety answering point specified in the	21523
agreement included in the final plan.	21524

(F) Pursuant to the voter approval required by division (C)	21525
of this section, the final plan for a countywide 9-1-1 system that	21526
will be funded through a monthly charge imposed in accordance with	21527
this section, or that will be amended to include an agreement	21528
described in division (E) of this section, shall be amended by the	21529
existing 9-1-1 planning committee, and the amendment of such a	21530
final plan is not an amendment of a final plan for the purpose of	21531
division (A) of section 4931.45 of the Revised Code.	21532

Sec. 4951.44. The officials in charge of the general	21533
election shall arrange, provide for, and conduct the submission of	21534
the question of a grant as provided in section 4951.43 of the	21535
Revised Code to such electors. The question whether the grant	21536
shall be made shall be submitted to the electors of such city at	21537
the succeeding general election occurring more than ~~seventy-five~~	21538
eighty-five days after the expiration of the sixty days provided	21539
in such section. If the grant is for the construction of elevated	21540
tracks, the ballots shall read "Elevated Railroad Grant--Yes",	21541
"Elevated Railroad Grant--No". If the grant is for the	21542
construction of underground tracks, the ballots shall read	21543
"Underground Railroad Grant--Yes", "Underground Railroad	21544
Grant--No". If the grant is for the construction of partly	21545
elevated and partly underground tracks, the ballots shall read	21546
"Elevated and Underground Railroad Grant--Yes", "Elevated and	21547
Underground Railroad Grant--No". If at such election a majority of	21548
the votes cast on such question is against such grant, such grant	21549
is void.	21550

Sec. 4955.05. The officials in charge of general elections,	21551
in accordance with the laws relating to elections, shall arrange	21552
for and conduct the submission of the question referred to in	21553
section 4955.04 of the Revised Code to the electors. The question	21554
whether the grant shall be made shall be submitted to the electors	21555
of such municipal corporation at the succeeding general election	21556
occurring more than ~~seventy-five~~eighty-five days after the	21557
expiration of the sixty days referred to in such section. The	21558
ballots at such election shall read "Elevated Railroad	21559
Grant--Yes;" "Elevated Railroad Grant--No." If at the election a	21560
majority of the votes cast on such question is against the grant,	21561
it shall be void.	21562

Sec. 5705.19. This section does not apply to school	21563
districts or county school financing districts.	21564

The taxing authority of any subdivision at any time and in	21565
any year, by vote of two-thirds of all the members of the taxing	21566
authority, may declare by resolution and certify the resolution to	21567
the board of elections not less than ~~seventy-five~~eighty-five days	21568
before the election upon which it will be voted that the amount of	21569
taxes that may be raised within the ten-mill limitation will be	21570
insufficient to provide for the necessary requirements of the	21571
subdivision and that it is necessary to levy a tax in excess of	21572
that limitation for any of the following purposes:	21573

(A) For current expenses of the subdivision, except that the	21574
total levy for current expenses of a detention facility district	21575
or district organized under section 2151.65 of the Revised Code	21576
shall not exceed two mills and that the total levy for current	21577
expenses of a combined district organized under sections 2151.65	21578
and 2152.41 of the Revised Code shall not exceed four mills;	21579

(B) For the payment of debt charges on certain described	21580
bonds, notes, or certificates of indebtedness of the subdivision	21581
issued subsequent to January 1, 1925;	21582

(C) For the debt charges on all bonds, notes, and	21583
certificates of indebtedness issued and authorized to be issued	21584
prior to January 1, 1925;	21585

(D) For a public library of, or supported by, the subdivision	21586
under whatever law organized or authorized to be supported;	21587

(E) For a municipal university, not to exceed two mills over	21588
the limitation of one mill prescribed in section 3349.13 of the	21589
Revised Code;	21590

(F) For the construction or acquisition of any specific	21591
permanent improvement or class of improvements that the taxing	21592
authority of the subdivision may include in a single bond issue;	21593

(G) For the general construction, reconstruction,	21594
resurfacing, and repair of streets, roads, and bridges in	21595
municipal corporations, counties, or townships;	21596

(H) For parks and recreational purposes;

21597

(I) For the purpose of providing and maintaining fire	21598
apparatus, appliances, buildings, or sites therefor, or sources of	21599
water supply and materials therefor, or the establishment and	21600
maintenance of lines of fire alarm telegraph, or the payment of	21601
permanent, part-time, or volunteer firefighters or firefighting	21602
companies to operate the same, including the payment of the	21603
firefighter employers' contribution required under section 742.34	21604
of the Revised Code, or the purchase of ambulance equipment, or	21605
the provision of ambulance, paramedic, or other emergency medical	21606
services operated by a fire department or firefighting company;	21607

(J) For the purpose of providing and maintaining motor	21608
vehicles, communications, other equipment, buildings, and sites	21609
for such buildings used directly in the operation of a police	21610
department, or the payment of salaries of permanent police	21611
personnel, including the payment of the police officer employers'	21612
contribution required under section 742.33 of the Revised Code, or	21613
the payment of the costs incurred by townships as a result of	21614
contracts made with other political subdivisions in order to	21615
obtain police protection, or the provision of ambulance or	21616
emergency medical services operated by a police department;	21617

(K) For the maintenance and operation of a county home or	21618
detention facility;	21619

(L) For community mental retardation and developmental	21620
disabilities programs and services pursuant to Chapter 5126. of	21621
the Revised Code, except that the procedure for such levies shall	21622
be as provided in section 5705.222 of the Revised Code;	21623

(M) For regional planning;

21624

(N) For a county's share of the cost of maintaining and	21625
operating schools, district detention facilities, forestry camps,	21626
or other facilities, or any combination thereof, established under	21627
section 2151.65 or 2152.41 of the Revised Code or both of those	21628
sections;	21629

(O) For providing for flood defense, providing and	21630
maintaining a flood wall or pumps, and other purposes to prevent	21631
floods;	21632

(P) For maintaining and operating sewage disposal plants and	21633
facilities;	21634

(Q) For the purpose of purchasing, acquiring, constructing,	21635
enlarging, improving, equipping, repairing, maintaining, or	21636
operating, or any combination of the foregoing, a county transit	21637
system pursuant to sections 306.01 to 306.13 of the Revised Code,	21638
or of making any payment to a board of county commissioners	21639
operating a transit system or a county transit board pursuant to	21640
section 306.06 of the Revised Code;	21641

(R) For the subdivision's share of the cost of acquiring or	21642
constructing any schools, forestry camps, detention facilities,	21643
or other facilities, or any combination thereof, under section	21644
2151.65 or 2152.41 of the Revised Code or both of those sections;	21645

(S) For the prevention, control, and abatement of air	21646
pollution;	21647

(T) For maintaining and operating cemeteries;

21648

(U) For providing ambulance service, emergency medical	21649
service, or both;	21650

(V) For providing for the collection and disposal of garbage	21651
or refuse, including yard waste;	21652

(W) For the payment of the police officer employers'	21653
contribution or the firefighter employers' contribution required	21654
under sections 742.33 and 742.34 of the Revised Code;	21655

(X) For the construction and maintenance of a drainage	21656
improvement pursuant to section 6131.52 of the Revised Code;	21657

(Y) For providing or maintaining senior citizens services or	21658
facilities as authorized by section 307.694, 307.85, 505.70, or	21659
505.706 or division (EE) of section 717.01 of the Revised Code;	21660

(Z) For the provision and maintenance of zoological park	21661
services and facilities as authorized under section 307.76 of the	21662
Revised Code;	21663

(AA) For the maintenance and operation of a free public	21664
museum of art, science, or history;	21665

(BB) For the establishment and operation of a 9-1-1 system,	21666
as defined in section 4931.40 of the Revised Code;	21667

(CC) For the purpose of acquiring, rehabilitating, or	21668
developing rail property or rail service. As used in this	21669
division, "rail property" and "rail service" have the same	21670
meanings as in section 4981.01 of the Revised Code. This division	21671
applies only to a county, township, or municipal corporation.	21672

(DD) For the purpose of acquiring property for, constructing,	21673
operating, and maintaining community centers as provided for in	21674
section 755.16 of the Revised Code;	21675

(EE) For the creation and operation of an office or joint	21676
office of economic development, for any economic development	21677
purpose of the office, and to otherwise provide for the	21678
establishment and operation of a program of economic development	21679
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	21680
the extent that the expenses of a county land reutilization	21681
corporation organized under Chapter 1724. of the Revised Code are	21682
found by the board of county commissioners to constitute the	21683
promotion of economic development, for the payment of such	21684
operations and expenses;	21685

(FF) For the purpose of acquiring, establishing,	21686
constructing, improving, equipping, maintaining, or operating, or	21687
any combination of the foregoing, a township airport, landing	21688
field, or other air navigation facility pursuant to section 505.15	21689
of the Revised Code;	21690

(GG) For the payment of costs incurred by a township as a	21691
result of a contract made with a county pursuant to section	21692
505.263 of the Revised Code in order to pay all or any part of the	21693
cost of constructing, maintaining, repairing, or operating a water	21694
supply improvement;	21695

(HH) For a board of township trustees to acquire, other than	21696
by appropriation, an ownership interest in land, water, or	21697
wetlands, or to restore or maintain land, water, or wetlands in	21698
which the board has an ownership interest, not for purposes of	21699
recreation, but for the purposes of protecting and preserving the	21700
natural, scenic, open, or wooded condition of the land, water, or	21701
wetlands against modification or encroachment resulting from	21702
occupation, development, or other use, which may be styled as	21703
protecting or preserving "greenspace" in the resolution, notice of	21704
election, or ballot form. Except as otherwise provided in this	21705
division, land is not acquired for purposes of recreation, even	21706
if the land is used for recreational purposes, so long as no	21707
building, structure, or fixture used for recreational purposes is	21708
permanently attached or affixed to the land. Except as otherwise	21709
provided in this division, land that previously has been acquired	21710
in a township for these greenspace purposes may subsequently be	21711
used for recreational purposes if the board of township trustees	21712
adopts a resolution approving that use and no building, structure,	21713
or fixture used for recreational purposes is permanently attached	21714
or affixed to the land. The authorization to use greenspace land	21715
for recreational use does not apply to land located in a township	21716
that had a population, at the time it passed its first greenspace	21717
levy, of more than thirty-eight thousand within a county that had	21718
a population, at that time, of at least eight hundred sixty	21719
thousand.	21720

(II) For the support by a county of a crime victim assistance	21721
program that is provided and maintained by a county agency or a	21722
private, nonprofit corporation or association under section 307.62	21723
of the Revised Code;	21724

(JJ) For any or all of the purposes set forth in divisions	21725
(I) and (J) of this section. This division applies only to a	21726
township.	21727

(KK) For a countywide public safety communications system	21728
under section 307.63 of the Revised Code. This division applies	21729
only to counties.	21730

(LL) For the support by a county of criminal justice services	21731
under section 307.45 of the Revised Code;	21732

(MM) For the purpose of maintaining and operating a jail or	21733
other detention facility as defined in section 2921.01 of the	21734
Revised Code;	21735

(NN) For purchasing, maintaining, or improving, or any	21736
combination of the foregoing, real estate on which to hold	21737
agricultural fairs. This division applies only to a county.	21738

(OO) For constructing, rehabilitating, repairing, or	21739
maintaining sidewalks, walkways, trails, bicycle pathways, or	21740
similar improvements, or acquiring ownership interests in land	21741
necessary for the foregoing improvements;	21742

(PP) For both of the purposes set forth in divisions (G) and	21743
(OO) of this section.	21744

(QQ) For both of the purposes set forth in divisions (H) and	21745
(HH) of this section. This division applies only to a township.	21746

(RR) For the legislative authority of a municipal	21747
corporation, board of county commissioners of a county, or board	21748
of township trustees of a township to acquire agricultural	21749
easements, as defined in section 5301.67 of the Revised Code, and	21750
to supervise and enforce the easements.	21751

(SS) For both of the purposes set forth in divisions (BB) and	21752
(KK) of this section. This division applies only to a county.	21753

(TT) For the maintenance and operation of a facility that is	21754
organized in whole or in part to promote the sciences and natural	21755
history under section 307.761 of the Revised Code.	21756

(UU) For the creation and operation of a county land	21757
reutilization corporation and for any programs or activities of	21758
the corporation found by the board of directors of the	21759
corporation to be consistent with the purposes for which the	21760
corporation is organized.	21761

The resolution shall be confined to the purpose or purposes	21762
described in one division of this section, to which the revenue	21763
derived therefrom shall be applied. The existence in any other	21764
division of this section of authority to levy a tax for any part	21765
or all of the same purpose or purposes does not preclude the use	21766
of such revenues for any part of the purpose or purposes of the	21767
division under which the resolution is adopted.	21768

The resolution shall specify the amount of the increase in	21769
rate that it is necessary to levy, the purpose of that increase in	21770
rate, and the number of years during which the increase in rate	21771
shall be in effect, which may or may not include a levy upon the	21772
duplicate of the current year. The number of years may be any	21773
number not exceeding five, except as follows:	21774

(1) When the additional rate is for the payment of debt	21775
charges, the increased rate shall be for the life of the	21776
indebtedness.	21777

(2) When the additional rate is for any of the following, the	21778
increased rate shall be for a continuing period of time:	21779

(a) For the current expenses for a detention facility	21780
district, a district organized under section 2151.65 of the	21781
Revised Code, or a combined district organized under sections	21782
2151.65 and 2152.41 of the Revised Code;	21783

(b) For providing a county's share of the cost of maintaining	21784
and operating schools, district detention facilities, forestry	21785
camps, or other facilities, or any combination thereof,	21786
established under section 2151.65 or 2152.41 of the Revised Code	21787
or under both of those sections.	21788

(3) When the additional rate is for either of the following,	21789
the increased rate may be for a continuing period of time:	21790

(a) For the purposes set forth in division (I), (J), (U), or	21791
(KK) of this section;	21792

(b) For the maintenance and operation of a joint recreation	21793
district.	21794

(4) When the increase is for the purpose or purposes set	21795
forth in division (D), (G), (H), (CC), or (PP) of this section,	21796
the tax levy may be for any specified number of years or for a	21797
continuing period of time, as set forth in the resolution.	21798

(5) When the additional rate is for the purpose described in	21799
division (Z) of this section, the increased rate shall be for any	21800
number of years not exceeding ten.	21801

A levy for one of the purposes set forth in division (G),	21802
(I), (J), or (U) of this section may be reduced pursuant to	21803
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	21804
the purposes set forth in division (G), (I), (J), or (U) of this	21805
section may also be terminated or permanently reduced by the	21806
taxing authority if it adopts a resolution stating that the	21807
continuance of the levy is unnecessary and the levy shall be	21808
terminated or that the millage is excessive and the levy shall be	21809
decreased by a designated amount.	21810

A resolution of a detention facility district, a district	21811
organized under section 2151.65 of the Revised Code, or a combined	21812
district organized under both sections 2151.65 and 2152.41 of the	21813
Revised Code may include both current expenses and other purposes,	21814
provided that the resolution shall apportion the annual rate of	21815
levy between the current expenses and the other purpose or	21816
purposes. The apportionment need not be the same for each year of	21817
the levy, but the respective portions of the rate actually levied	21818
each year for the current expenses and the other purpose or	21819
purposes shall be limited by the apportionment.	21820

Whenever a board of county commissioners, acting either as	21821
the taxing authority of its county or as the taxing authority of a	21822
sewer district or subdistrict created under Chapter 6117. of the	21823
Revised Code, by resolution declares it necessary to levy a tax in	21824
excess of the ten-mill limitation for the purpose of constructing,	21825
improving, or extending sewage disposal plants or sewage systems,	21826
the tax may be in effect for any number of years not exceeding	21827
twenty, and the proceeds of the tax, notwithstanding the general	21828
provisions of this section, may be used to pay debt charges on any	21829
obligations issued and outstanding on behalf of the subdivision	21830
for the purposes enumerated in this paragraph, provided that any	21831
such obligations have been specifically described in the	21832
resolution.	21833

The resolution shall go into immediate effect upon its	21834
passage, and no publication of the resolution is necessary other	21835
than that provided for in the notice of election.	21836

When the electors of a subdivision have approved a tax levy	21837
under this section, the taxing authority of the subdivision may	21838
anticipate a fraction of the proceeds of the levy and issue	21839
anticipation notes in accordance with section 5705.191 or 5705.193	21840
of the Revised Code.	21841

Sec. 5705.191. The taxing authority of any subdivision,	21842
other than the board of education of a school district or the	21843
taxing authority of a county school financing district, by a vote	21844
of two-thirds of all its members, may declare by resolution that	21845
the amount of taxes that may be raised within the ten-mill	21846
limitation by levies on the current tax duplicate will be	21847
insufficient to provide an adequate amount for the necessary	21848
requirements of the subdivision, and that it is necessary to levy	21849
a tax in excess of such limitation for any of the purposes in	21850
section 5705.19 of the Revised Code, or to supplement the general	21851
fund for the purpose of making appropriations for one or more of	21852
the following purposes: public assistance, human or social	21853
services, relief, welfare, hospitalization, health, and support of	21854
general hospitals, and that the question of such additional tax	21855
levy shall be submitted to the electors of the subdivision at a	21856
general, primary, or special election to be held at a time therein	21857
specified. Such resolution shall not include a levy on the current	21858
tax list and duplicate unless such election is to be held at or	21859
prior to the general election day of the current tax year. Such	21860
resolution shall conform to the requirements of section 5705.19 of	21861
the Revised Code, except that a levy to supplement the general	21862
fund for the purposes of public assistance, human or social	21863
services, relief, welfare, hospitalization, health, or the support	21864
of general or tuberculosis hospitals may not be for a longer	21865
period than ten years. All other levies under this section may not	21866
be for a longer period than five years unless a longer period is	21867
permitted by section 5705.19 of the Revised Code, and the	21868
resolution shall specify the date of holding such election, which	21869
shall not be earlier than ~~seventy-five~~eighty-five days after the	21870
adoption and certification of such resolution. The resolution	21871
shall go into immediate effect upon its passage and no	21872
publication of the same is necessary other than that provided for	21873
in the notice of election. A copy of such resolution, immediately	21874
after its passage, shall be certified to the board of elections	21875
of the proper county or counties in the manner provided by	21876
section 5705.25 of the Revised Code, and such section shall	21877
govern the arrangements for the submission of such question and	21878
other matters with respect to such election, to which section	21879
5705.25 of the Revised Code refers, excepting that such election	21880
shall be held on the date specified in the resolution, which	21881
shall be consistent with the requirements of section 3501.01 of	21882
the Revised Code, provided that only one special election for the	21883
submission of such question may be held in any one calendar year	21884
and provided that a special election may be held upon the same	21885
day a primary election is held. Publication of notice of that	21886
election shall be made in one or more newspapers of general	21887
circulation in the county once a week for two consecutive weeks	21888
prior to the election, and, if the board of elections operates	21889
and maintains a web site, the board of elections shall post	21890
notice of the election on its web site for thirty days prior to	21891
the election.	21892

If a majority of the electors voting on the question vote in	21893
favor thereof, the taxing authority of the subdivision may make	21894
the necessary levy within such subdivision at the additional rate	21895
or at any lesser rate outside the ten-mill limitation on the tax	21896
list and duplicate for the purpose stated in the resolution. Such	21897
tax levy shall be included in the next annual tax budget that is	21898
certified to the county budget commission.	21899

After the approval of such a levy by the electors, the taxing	21900
authority of the subdivision may anticipate a fraction of the	21901
proceeds of such levy and issue anticipation notes. In the case of	21902
a continuing levy that is not levied for the purpose of current	21903
expenses, notes may be issued at any time after approval of the	21904
levy in an amount not more than fifty per cent of the total	21905
estimated proceeds of the levy for the succeeding ten years, less	21906
an amount equal to the fraction of the proceeds of the levy	21907
previously anticipated by the issuance of anticipation notes. In	21908
the case of a levy for a fixed period that is not for the purpose	21909
of current expenses, notes may be issued at any time after	21910
approval of the levy in an amount not more than fifty per cent of	21911
the total estimated proceeds of the levy throughout the remaining	21912
life of the levy, less an amount equal to the fraction of the	21913
proceeds of the levy previously anticipated by the issuance of	21914
anticipation notes. In the case of a levy for current expenses,	21915
notes may be issued after the approval of the levy by the electors	21916
and prior to the time when the first tax collection from the levy	21917
can be made. Such notes may be issued in an amount not more than	21918
fifty per cent of the total estimated proceeds of the levy	21919
throughout the term of the levy in the case of a levy for a fixed	21920
period, or fifty per cent of the total estimated proceeds for the	21921
first ten years of the levy in the case of a continuing levy.	21922

No anticipation notes that increase the net indebtedness of a	21923
county may be issued without the prior consent of the board of	21924
county commissioners of that county. The notes shall be issued as	21925
provided in section 133.24 of the Revised Code, shall have	21926
principal payments during each year after the year of their	21927
issuance over a period not exceeding the life of the levy	21928
anticipated, and may have a principal payment in the year of their	21929
issuance.	21930

"Taxing authority" and "subdivision" have the same meanings	21931
as in section 5705.01 of the Revised Code.	21932

This section is supplemental to and not in derogation of	21933
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	21934

Sec. 5705.195. Within five days after the resolution is	21935
certified to the county auditor as provided by section 5705.194 of	21936
the Revised Code, the auditor shall calculate and certify to the	21937
taxing authority the annual levy, expressed in dollars and cents	21938
for each one hundred dollars of valuation as well as in mills for	21939
each one dollar of valuation, throughout the life of the levy	21940
which will be required to produce the annual amount set forth in	21941
the resolution assuming that the amount of the tax list of such	21942
subdivision remains throughout the life of the levy the same as	21943
the amount of the tax list for the current year, and if this is	21944
not determined, the estimated amount submitted by the auditor to	21945
the county budget commission. When considering the tangible	21946
personal property component of the tax valuation of the	21947
subdivision, the county auditor shall take into account the	21948
assessment percentages prescribed in section 5711.22 of the	21949
Revised Code. The tax commissioner may issue rules, orders, or	21950
instructions directing how the assessment percentages must be	21951
utilized.	21952

Upon receiving the certification from the county auditor, if	21953
the taxing authority desires to proceed with the submission of the	21954
question it shall, not less than ~~seventy-five~~eighty-five days	21955
before the day of such election, certify its resolution, together	21956
with the amount of the average tax levy, expressed in dollars and	21957
cents for each one hundred dollars of valuation as well as in	21958
mills for each one dollar of valuation, estimated by the auditor,	21959
and the number of years the levy is to run to the board of	21960
elections of the county which shall prepare the ballots and make	21961
other necessary arrangements for the submission of the question to	21962
the voters of the subdivision.	21963

Sec. 5705.199. (A) At any time the board of education of a	21964
city, local, exempted village, cooperative education, or joint	21965
vocational school district, by a vote of two-thirds of all its	21966
members, may declare by resolution that the revenue that will be	21967
raised by all tax levies that the district is authorized to	21968
impose, when combined with state and federal revenues, will be	21969
insufficient to provide for the necessary requirements of the	21970
school district, and that it is therefore necessary to levy a tax	21971
in excess of the ten-mill limitation for the purpose of providing	21972
for the necessary requirements of the school district. Such a	21973
levy shall be proposed as a substitute for all or a portion of one	21974
or more existing levies imposed under sections 5705.194 to	21975
5705.197 of the Revised Code or under this section, by levying a	21976
tax as follows:	21977

(1) In the initial year the levy is in effect, the levy shall	21978
be in a specified amount of money equal to the aggregate annual	21979
dollar amount of proceeds derived from the levy or levies, or	21980
portion thereof, being substituted.	21981

(2) In each subsequent year the levy is in effect, the levy	21982
shall be in a specified amount of money equal to the sum of the	21983
following:	21984

(a) The dollar amount of the proceeds derived from the levy	21985
in the prior year; and	21986

(b) The dollar amount equal to the product of the total	21987
taxable value of all taxable real property in the school district	21988
in the then-current year, excluding carryover property as defined	21989
in section 319.301 of the Revised Code, multiplied by the annual	21990
levy, expressed in mills for each one dollar of valuation, that	21991
was required to produce the annual dollar amount of the levy under	21992
this section in the prior year; provided, that the amount under	21993
division (A)(2)(b) of this section shall not be less than zero.	21994

(B) The resolution proposing the substitute levy shall	21995
specify the annual dollar amount the levy is to produce in its	21996
initial year; the first calendar year in which the levy will be	21997
due; and the term of the levy expressed in years, which may be	21998
any number not exceeding ten, or for a continuing period of	21999
time. The resolution shall specify the date of holding the	22000
election, which shall not be earlier than ~~seventy-five~~	22001
eighty-five days after certification of the resolution to the	22002
board of elections, and which shall be consistent with the	22003
requirements of section 3501.01 of the Revised Code. If two or	22004
more existing levies are to be included in a single substitute	22005
levy, but are not scheduled to expire in the same year, the	22006
resolution shall specify that the existing levies to be	22007
substituted shall not be levied after the year preceding the	22008
year in which the substitute levy is first imposed.	22009

The resolution shall go into immediate effect upon its	22010
passage, and no publication of the resolution shall be necessary	22011
other than that provided for in the notice of election. A copy of	22012
the resolution shall immediately after its passage be certified to	22013
the county auditor in the manner provided by section 5705.195 of	22014
the Revised Code, and sections 5705.194 and 5705.196 of the	22015
Revised Code shall govern the arrangements for the submission of	22016
the question and other matters concerning the notice of election	22017
and the election, except as may be provided otherwise in this	22018
section.	22019

(C) The form of the ballot to be used at the election on the	22020
question of a levy under this section shall be as follows:	22021

"Shall a tax levy substituting for an existing levy be	22022
imposed by the .......... (here insert name of school district)	22023
for the purpose of providing for the necessary requirements of	22024
the school district in the initial sum of .......... (here insert	22025
the annual dollar amount the levy is to produce in its initial	22026
year), and a levy of taxes be made outside of the ten-mill	22027
limitation estimated by the county auditor to require ..........	22028
(here insert number of mills) mills for each one dollar of	22029
valuation, which amounts to .......... (here insert rate	22030
expressed in dollars and cents) for each one hundred dollars of	22031
valuation for the initial year of the tax, for a period of	22032
.......... (here insert the number of years the levy is to be	22033
imposed, or that it will be levied for a continuing period of	22034
time), commencing in .......... (first year the tax is to be	22035
levied), first due in calendar year .......... (first calendar	22036
year in which the tax shall be due), with the sum of such tax to	22037
increase only if and as new land or real property improvements	22038
not previously taxed by the school district are added to its tax	22039
list?	22040

22041

		FOR THE TAX LEVY			22042
		AGAINST THE TAX LEVY	"		22043

22044

If the levy submitted is a proposal to substitute all or a	22045
portion of more than one existing levy, the form of the ballot may	22046
be changed so long as the ballot reflects the number of levies to	22047
be substituted and that none of the existing levies to be	22048
substituted will be levied after the year preceding the year in	22049
which the substitute levy is first imposed. The form of the	22050
ballot shall be modified by substituting the statement "Shall a	22051
tax levy substituting for an existing levy" with "Shall a tax levy	22052
substituting for existing levies" and adding the following	22053
statement after "added to its tax list?" and before "For the Tax	22054
Levy":	22055

"If approved, any remaining tax years on any of the	22056
.......... (here insert the number of existing levies) existing	22057
levies will not be collected after .......... (here insert the	22058
current tax year or, if not the current tax year, the applicable	22059
tax year)."	22060

(D) The submission of questions to the electors under this	22061
section is subject to the limitation on the number of election	22062
dates established by section 5705.214 of the Revised Code.	22063

(E) If a majority of the electors voting on the question so	22064
submitted in an election vote in favor of the levy, the board of	22065
education may make the necessary levy within the school district	22066
at the rate and for the purpose stated in the resolution. The tax	22067
levy shall be included in the next tax budget that is certified to	22068
the county budget commission.	22069

(F) A levy for a continuing period of time may be decreased	22070
pursuant to section 5705.261 of the Revised Code.	22071

(G) A levy under this section substituting for all or a	22072
portion of one or more existing levies imposed under sections	22073
5705.194 to 5705.197 of the Revised Code or under this section	22074
shall be treated as having renewed the levy or levies being	22075
substituted for purposes of the payments made under sections	22076
5751.20 to 5751.22 of the Revised Code.	22077

(H) After the approval of a levy on the current tax list and	22078
duplicate, and prior to the time when the first tax collection	22079
from the levy can be made, the board of education may anticipate	22080
a fraction of the proceeds of the levy and issue anticipation	22081
notes in a principal amount not exceeding fifty per cent of the	22082
total estimated proceeds of the levy to be collected during the	22083
first year of the levy. The notes shall be issued as provided in	22084
section 133.24 of the Revised Code, shall have principal	22085
payments during each year after the year of their issuance over	22086
a period not to exceed five years, and may have a principal	22087
payment in the year of their issuance.	22088

Sec. 5705.20. The board of county commissioners of any	22089
county, in any year, after providing the normal and customary	22090
percentage of the total general fund appropriations for the	22091
support of the tuberculosis treatment specified under section	22092
339.73 of the Revised Code or for the support of tuberculosis	22093
clinics established pursuant to section 339.76 of the Revised	22094
Code, by vote of two-thirds of all the members of said board may	22095
declare by resolution that the amount of taxes which may be raised	22096
within the ten-mill limitation will be insufficient to provide an	22097
adequate amount for that support, and that it is necessary to levy	22098
a tax in excess of the ten-mill limitation to supplement such	22099
general fund appropriations for such purpose, but the total levy	22100
for this purpose shall not exceed sixty-five one hundredths of a	22101
mill.	22102

Such resolution shall conform to section 5705.19 of the	22103
Revised Code and be certified to the board of elections not less	22104
than ~~seventy-five~~eighty-five days before the general election and	22105
submitted in the manner provided in section 5705.25 of the Revised	22106
Code.	22107

If the majority of electors voting on a levy to supplement	22108
general fund appropriations for the support of the tuberculosis	22109
treatment specified under section 339.73 of the Revised Code or	22110
for the support of tuberculosis clinics established pursuant to	22111
section 339.76 of the Revised Code, vote in favor thereof, the	22112
board of said county may levy a tax within such county at the	22113
additional rate in excess of the ten-mill limitation during the	22114
period and for the purpose stated in the resolution or at any less	22115
rate or for any of said years.	22116

If a tax was levied under this section for the support of	22117
tuberculosis clinics before ~~the effective date of this amendment~~	22118
October 10, 2000, the levy may be renewed for that purpose on or	22119
after ~~the effective date of this amendment~~October 10, 2000, in	22120
accordance with section 5705.25 of the Revised Code.	22121

Sec. 5705.21. (A) At any time, the board of education of any	22122
city, local, exempted village, cooperative education, or joint	22123
vocational school district, by a vote of two-thirds of all its	22124
members, may declare by resolution that the amount of taxes which	22125
may be raised within the ten-mill limitation by levies on the	22126
current tax duplicate will be insufficient to provide an adequate	22127
amount for the necessary requirements of the school district, that	22128
it is necessary to levy a tax in excess of such limitation for one	22129
of the purposes specified in division (A), (D), (F), (H), or (DD)	22130
of section 5705.19 of the Revised Code, for general permanent	22131
improvements, for the purpose of operating a cultural center, or	22132
for the purpose of providing education technology, and that the	22133
question of such additional tax levy shall be submitted to the	22134
electors of the school district at a special election on a day to	22135
be specified in the resolution.	22136

As used in this section, "cultural center" means a	22137
freestanding building, separate from a public school building,	22138
that is open to the public for educational, musical, artistic, and	22139
cultural purposes; "education technology" means, but is not	22140
limited to, computer hardware, equipment, materials, and	22141
accessories, equipment used for two-way audio or video, and	22142
software; and "general permanent improvements" means permanent	22143
improvements without regard to the limitation of division (F) of	22144
section 5705.19 of the Revised Code that the improvements be a	22145
specific improvement or a class of improvements that may be	22146
included in a single bond issue.	22147

The submission of questions to the electors under this	22148
section is subject to the limitation on the number of election	22149
dates established by section 5705.214 of the Revised Code.	22150

(B) Such resolution shall be confined to a single purpose and	22151
shall specify the amount of the increase in rate that it is	22152
necessary to levy, the purpose of the levy, and the number of	22153
years during which the increase in rate shall be in effect. The	22154
number of years may be any number not exceeding five or, if the	22155
levy is for current expenses of the district or for general	22156
permanent improvements, for a continuing period of time. The	22157
resolution shall specify the date of holding such election, which	22158
shall not be earlier than ~~seventy-five~~eighty-five days after the	22159
adoption and certification of the resolution and which shall be	22160
consistent with the requirements of section 3501.01 of the Revised	22161
Code.	22162

The resolution may propose to renew one or more existing	22163
levies imposed under this section or to increase or decrease a	22164
single levy imposed under this section. If the board of education	22165
imposes one or more existing levies for the purpose specified in	22166
division (F) of section 5705.19 of the Revised Code, the	22167
resolution may propose to renew one or more of those existing	22168
levies, or to increase or decrease a single such existing levy,	22169
for the purpose of general permanent improvements. If the	22170
resolution proposes to renew two or more existing levies, the	22171
levies shall be levied for the same purpose. The resolution shall	22172
identify those levies and the rates at which they are levied. The	22173
resolution also shall specify that the existing levies shall not	22174
be extended on the tax lists after the year preceding the year in	22175
which the renewal levy is first imposed, regardless of the years	22176
for which those levies originally were authorized to be levied.	22177

The resolution shall go into immediate effect upon its	22178
passage, and no publication of the resolution shall be necessary	22179
other than that provided for in the notice of election. A copy of	22180
the resolution shall immediately after its passing be certified to	22181
the board of elections of the proper county in the manner provided	22182
by section 5705.25 of the Revised Code, and that section shall	22183
govern the arrangements for the submission of such question and	22184
other matters concerning such election, to which that section	22185
refers, except that such election shall be held on the date	22186
specified in the resolution. Publication of notice of that	22187
election shall be made in one or more newspapers of general	22188
circulation in the county once a week for two consecutive weeks	22189
prior to the election, and, if the board of elections operates and	22190
maintains a web site, the board of elections shall post notice of	22191
the election on its web site for thirty days prior to the	22192
election. If a majority of the electors voting on the question so	22193
submitted in an election vote in favor of the levy, the board of	22194
education may make the necessary levy within the school district	22195
at the additional rate, or at any lesser rate in excess of the	22196
ten-mill limitation on the tax list, for the purpose stated in the	22197
resolution. A levy for a continuing period of time may be reduced	22198
pursuant to section 5705.261 of the Revised Code. The tax levy	22199
shall be included in the next tax budget that is certified to the	22200
county budget commission.	22201

(C)(1) After the approval of a levy on the current tax list	22202
and duplicate for current expenses, for recreational purposes, for	22203
community centers provided for in section 755.16 of the Revised	22204
Code, or for a public library of the district and prior to the	22205
time when the first tax collection from the levy can be made, the	22206
board of education may anticipate a fraction of the proceeds of	22207
the levy and issue anticipation notes in a principal amount not	22208
exceeding fifty per cent of the total estimated proceeds of the	22209
levy to be collected during the first year of the levy.	22210

(2) After the approval of a levy for general permanent	22211
improvements for a specified number of years, or for permanent	22212
improvements having the purpose specified in division (F) of	22213
section 5705.19 of the Revised Code, the board of education may	22214
anticipate a fraction of the proceeds of the levy and issue	22215
anticipation notes in a principal amount not exceeding fifty per	22216
cent of the total estimated proceeds of the levy remaining to be	22217
collected in each year over a period of five years after the	22218
issuance of the notes.	22219

The notes shall be issued as provided in section 133.24 of	22220
the Revised Code, shall have principal payments during each year	22221
after the year of their issuance over a period not to exceed five	22222
years, and may have a principal payment in the year of their	22223
issuance.	22224

(3) After approval of a levy for general permanent	22225
improvements for a continuing period of time, the board of	22226
education may anticipate a fraction of the proceeds of the levy	22227
and issue anticipation notes in a principal amount not exceeding	22228
fifty per cent of the total estimated proceeds of the levy to be	22229
collected in each year over a specified period of years, not	22230
exceeding ten, after the issuance of the notes.	22231

The notes shall be issued as provided in section 133.24 of	22232
the Revised Code, shall have principal payments during each year	22233
after the year of their issuance over a period not to exceed ten	22234
years, and may have a principal payment in the year of their	22235
issuance.	22236

Sec. 5705.211. (A) As used in this section:

22237

(1) "Adjusted charge-off increase" for a tax year means two	22238
per cent of the cumulative carryover property value increase. If	22239
the cumulative carryover property value increase is computed on	22240
the basis of a school district's recognized valuation for a	22241
fiscal year before fiscal year 2014, the adjusted charge-off	22242
increase shall be adjusted to account for the greater charge-off	22243
rates prescribed for such fiscal years under sections 3317.022	22244
and 3306.13 of the Revised Code.	22245

(2) "Cumulative carryover property value increase" means the	22246
sum of the increases in carryover value certified under division	22247
(B)(2) of section 3317.015 of the Revised Code and included in a	22248
school district's total taxable value in the computation of	22249
recognized valuation under division (B) of that section for all	22250
fiscal years from the fiscal year that ends in the first tax year	22251
a levy under this section is extended on the tax list of real and	22252
public utility property until and including the fiscal year that	22253
ends in the current tax year.	22254

(3) "Taxes charged and payable" means the taxes charged and	22255
payable from a tax levy extended on the real and public utility	22256
property tax list and the general list of personal property before	22257
any reduction under section 319.302, 323.152, or 323.158 of the	22258
Revised Code.	22259

(B) The board of education of a city, local, or exempted	22260
village school district may adopt a resolution proposing the levy	22261
of a tax in excess of the ten-mill limitation for the purpose of	22262
paying the current operating expenses of the district. If the	22263
resolution is approved as provided in division (D) of this	22264
section, the tax may be levied at such a rate each tax year that	22265
the total taxes charged and payable from the levy equals the	22266
adjusted charge-off increase for the tax year or equals a lesser	22267
amount as prescribed under division (C) of this section. The tax	22268
may be levied for a continuing period of time or for a specific	22269
number of years, but not fewer than five years, as provided in the	22270
resolution. The tax may not be placed on the tax list for a tax	22271
year beginning before the first day of January following adoption	22272
of the resolution. A board of education may not adopt a resolution	22273
under this section proposing to levy a tax under this section	22274
concurrently with any other tax levied by the board under this	22275
section.	22276

(C) After the first year a tax is levied under this section,	22277
the rate of the tax in any year shall not exceed the rate,	22278
estimated by the county auditor, that would cause the sums levied	22279
from the tax against carryover property to exceed one hundred four	22280
per cent of the sums levied from the tax against carryover	22281
property in the preceding year. A board of education imposing a	22282
tax under this section may specify in the resolution imposing the	22283
tax that the percentage shall be less than one hundred four per	22284
cent, but the percentage shall not be less than one hundred per	22285
cent. At any time after a resolution adopted under this section is	22286
approved by a majority of electors as provided in division (D) of	22287
this section, the board of education, by resolution, may decrease	22288
the percentage specified in the resolution levying the tax.	22289

(D) A resolution adopted under this section shall state that	22290
the purpose of the tax is to pay current operating expenses of the	22291
district, and shall specify the first year in which the tax is to	22292
be levied, the number of years the tax will be levied or that it	22293
will be levied for a continuing period of time, and the election	22294
at which the question of the tax is to appear on the ballot, which	22295
shall be a general or special election consistent with the	22296
requirements of section 3501.01 of the Revised Code. If the board	22297
of education specifies a percentage less than one hundred four per	22298
cent pursuant to division (C) of this section, the percentage	22299
shall be specified in the resolution.	22300

Upon adoption of the resolution, the board of education may	22301
certify a copy of the resolution to the proper county board of	22302
elections. The copy of the resolution shall be certified to the	22303
board of elections not later than ~~seventy-five~~eighty-five days	22304
before the day of the election at which the question of the tax	22305
is to appear on the ballot. Upon receiving a timely certified	22306
copy of such a resolution, the board of elections shall make the	22307
necessary arrangements for the submission of the question to the	22308
electors of the school district, and the election shall be	22309
conducted, canvassed, and certified in the same manner as regular	22310
elections in the school district for the election of members of	22311
the board of education. Notice of the election shall be published	22312
in one or more newspapers of general circulation in the school	22313
district once per week for four consecutive weeks. The notice	22314
shall state that the purpose of the tax is for the current	22315
operating expenses of the school district, the first year the tax	22316
is to be levied, the number of years the tax is to be levied or	22317
that it is to be levied for a continuing period of time, that the	22318
tax is to be levied each year in an amount estimated to offset	22319
decreases in state base cost funding caused by appreciation in	22320
real estate values, and that the estimated additional tax in any	22321
year shall not exceed the previous year's by more than four per	22322
cent, or a lesser percentage specified in the resolution levying	22323
the tax, except for increases caused by the addition of new	22324
taxable property.	22325

The question shall be submitted as a separate proposition but	22326
may be printed on the same ballot with any other proposition	22327
submitted at the same election other than the election of	22328
officers.	22329

The form of the ballot shall be substantially as follows:

22330

"An additional tax for the benefit of (name of school	22331
district) for the purpose of paying the current operating expenses	22332
of the district, for .......... (number of years or for continuing	22333
period of time), at a rate sufficient to offset any reduction in	22334
basic state funding caused by appreciation in real estate values?	22335
This levy will permit variable annual growth in revenue up to	22336
.......... (amount specified by school district) per cent for the	22337
duration of the levy.	22338

22339

		For the tax levy			22340
		Against the tax levy	"		22341

22342

If a majority of the electors of the school district voting	22343
on the question vote in favor of the question, the board of	22344
elections shall certify the results of the election to the board	22345
of education and to the tax commissioner immediately after the	22346
canvass.	22347

(E) When preparing any estimate of the contemplated receipts	22348
from a tax levied pursuant to this section for the purposes of	22349
sections 5705.28 to 5705.40 of the Revised Code, and in preparing	22350
to certify the tax under section 5705.34 of the Revised Code, a	22351
board of education authorized to levy such a tax shall use	22352
information supplied by the department of education to determine	22353
the adjusted charge-off increase for the tax year for which that	22354
certification is made. If the board levied a tax under this	22355
section in the preceding tax year, the sum to be certified for	22356
collection from the tax shall not exceed the sum that would exceed	22357
the limitation imposed under division (C) of this section. At the	22358
request of the board of education or the treasurer of the school	22359
district, the county auditor shall assist the board of education	22360
in determining the rate or sum that may be levied under this	22361
section.	22362

The board of education shall certify the sum authorized to be	22363
levied to the county auditor, and, for the purpose of the county	22364
auditor determining the rate at which the tax is to be levied in	22365
the tax year, the sum so certified shall be the sum to be raised	22366
by the tax unless the sum exceeds the limitation imposed by	22367
division (C) of this section. A tax levied pursuant to this	22368
section shall not be levied at a rate in excess of the rate	22369
estimated by the county auditor to produce the sum certified by	22370
the board of education before the reductions under sections	22371
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding	22372
section 5705.34 of the Revised Code, a board of education	22373
authorized to levy a tax under this section shall certify the tax	22374
to the county auditor before the first day of October of the tax	22375
year in which the tax is to be levied, or at a later date as	22376
approved by the tax commissioner.	22377

Sec. 5705.212. (A)(1) The board of education of any school	22378
district, at any time and by a vote of two-thirds of all of its	22379
members, may declare by resolution that the amount of taxes that	22380
may be raised within the ten-mill limitation will be insufficient	22381
to provide an adequate amount for the present and future	22382
requirements of the school district, that it is necessary to levy	22383
not more than five taxes in excess of that limitation for current	22384
expenses, and that each of the proposed taxes first will be levied	22385
in a different year, over a specified period of time. The board	22386
shall identify the taxes proposed under this section as follows:	22387
the first tax to be levied shall be called the "original tax."	22388
Each tax subsequently levied shall be called an "incremental tax."	22389
The rate of each incremental tax shall be identical, but the rates	22390
of such incremental taxes need not be the same as the rate of the	22391
original tax. The resolution also shall state that the question of	22392
these additional taxes shall be submitted to the electors of the	22393
school district at a special election. The resolution shall	22394
specify separately for each tax proposed: the amount of the	22395
increase in rate that it is necessary to levy, expressed	22396
separately for the original tax and each incremental tax; that the	22397
purpose of the levy is for current expenses; the number of years	22398
during which the original tax shall be in effect; a specification	22399
that the last year in which the original tax is in effect shall	22400
also be the last year in which each incremental tax shall be in	22401
effect; and the year in which each tax first is proposed to be	22402
levied. The original tax may be levied for any number of years not	22403
exceeding ten, or for a continuing period of time. The resolution	22404
shall specify the date of holding the special election, which	22405
shall not be earlier than ~~seventy-five~~eighty-five days after the	22406
adoption and certification of the resolution and shall be	22407
consistent with the requirements of section 3501.01 of the Revised	22408
Code.	22409

(2) The board of education, by a vote of two-thirds of all of	22410
its members, may adopt a resolution proposing to renew taxes	22411
levied other than for a continuing period of time under division	22412
(A)(1) of this section. Such a resolution shall provide for	22413
levying a tax and specify all of the following:	22414

(a) That the tax shall be called and designated on the ballot	22415
as a renewal levy;	22416

(b) The rate of the renewal tax, which shall be a single rate	22417
that combines the rate of the original tax and each incremental	22418
tax into a single rate. The rate of the renewal tax shall not	22419
exceed the aggregate rate of the original and incremental taxes.	22420

(c) The number of years, not to exceed ten, that the renewal	22421
tax will be levied, or that it will be levied for a continuing	22422
period of time;	22423

(d) That the purpose of the renewal levy is for current	22424
expenses;	22425

(e) Subject to the certification and notification	22426
requirements of section 5705.251 of the Revised Code, that the	22427
question of the renewal levy shall be submitted to the electors of	22428
the school district at the general election held during the last	22429
year the original tax may be extended on the real and public	22430
utility property tax list and duplicate or at a special election	22431
held during the ensuing year.	22432

(3) A resolution adopted under division (A)(1) or (2) of this	22433
section shall go into immediate effect upon its adoption and no	22434
publication of the resolution is necessary other than that	22435
provided for in the notice of election. Immediately after its	22436
adoption, a copy of the resolution shall be certified to the board	22437
of elections of the proper county in the manner provided by	22438
division (A) of section 5705.251 of the Revised Code, and that	22439
division shall govern the arrangements for the submission of the	22440
question and other matters concerning the election to which that	22441
section refers. The election shall be held on the date specified	22442
in the resolution. If a majority of the electors voting on the	22443
question so submitted in an election vote in favor of the taxes or	22444
a renewal tax, the board of education, if the original or a	22445
renewal tax is authorized to be levied for the current year,	22446
immediately may make the necessary levy within the school district	22447
at the authorized rate, or at any lesser rate in excess of the	22448
ten-mill limitation, for the purpose stated in the resolution. No	22449
tax shall be imposed prior to the year specified in the resolution	22450
as the year in which it is first proposed to be levied. The rate	22451
of the original tax and the rate of each incremental tax shall be	22452
cumulative, so that the aggregate rate levied in any year is the	22453
sum of the rates of both the original tax and all incremental	22454
taxes levied in or prior to that year under the same proposal. A	22455
tax levied for a continuing period of time under this section may	22456
be reduced pursuant to section 5705.261 of the Revised Code.	22457

(4) The submission of questions to the electors under this	22458
section is subject to the limitation on the number of election	22459
dates established by section 5705.214 of the Revised Code.	22460

(B) Notwithstanding sections 133.30 and 133.301 of the	22461
Revised Code, after the approval of a tax to be levied in the	22462
current or the succeeding year and prior to the time when the	22463
first tax collection from that levy can be made, the board of	22464
education may anticipate a fraction of the proceeds of the levy	22465
and issue anticipation notes in an amount not to exceed fifty per	22466
cent of the total estimated proceeds of the levy to be collected	22467
during the first year of the levy. The notes shall be sold as	22468
provided in Chapter 133. of the Revised Code. If anticipation	22469
notes are issued, they shall mature serially and in substantially	22470
equal amounts during each year over a period not to exceed five	22471
years; and the amount necessary to pay the interest and principal	22472
as the anticipation notes mature shall be deemed appropriated for	22473
those purposes from the levy, and appropriations from the levy by	22474
the board of education shall be limited each fiscal year to the	22475
balance available in excess of that amount.	22476

If the auditor of state has certified a deficit pursuant to	22477
section 3313.483 of the Revised Code, the notes authorized under	22478
this section may be sold in accordance with Chapter 133. of the	22479
Revised Code, except that the board may sell the notes after	22480
providing a reasonable opportunity for competitive bidding.	22481

Sec. 5705.213. (A)(1) The board of education of any school	22482
district, at any time and by a vote of two-thirds of all of its	22483
members, may declare by resolution that the amount of taxes that	22484
may be raised within the ten-mill limitation will be insufficient	22485
to provide an adequate amount for the present and future	22486
requirements of the school district and that it is necessary to	22487
levy a tax in excess of that limitation for current expenses. The	22488
resolution also shall state that the question of the additional	22489
tax shall be submitted to the electors of the school district at a	22490
special election. The resolution shall specify, for each year the	22491
levy is in effect, the amount of money that the levy is proposed	22492
to raise, which may, for years after the first year the levy is	22493
made, be expressed in terms of a dollar or percentage increase	22494
over the prior year's amount. The resolution also shall specify	22495
that the purpose of the levy is for current expenses, the number	22496
of years during which the tax shall be in effect which may be for	22497
any number of years not exceeding ten, and the year in which the	22498
tax first is proposed to be levied. The resolution shall specify	22499
the date of holding the special election, which shall not be	22500
earlier than ~~eighty~~ninety days after the adoption and	22501
certification of the resolution to the county auditor and not	22502
earlier than ~~seventy-five~~eighty-five days after certification to	22503
the board of elections. The date of the election shall be	22504
consistent with the requirements of section 3501.01 of the Revised	22505
Code.	22506

(2) The board of education, by a vote of two-thirds of all of	22507
its members, may adopt a resolution proposing to renew a tax	22508
levied under division (A)(1) of this section. Such a resolution	22509
shall provide for levying a tax and specify all of the following:	22510

(a) That the tax shall be called and designated on the ballot	22511
as a renewal levy;	22512

(b) The amount of the renewal tax, which shall be no more	22513
than the amount of tax levied during the last year the tax being	22514
renewed is authorized to be in effect;	22515

(c) The number of years, not to exceed ten, that the renewal	22516
tax will be levied, or that it will be levied for a continuing	22517
period of time;	22518

(d) That the purpose of the renewal levy is for current	22519
expenses;	22520

(e) Subject to the certification and notification	22521
requirements of section 5705.251 of the Revised Code, that the	22522
question of the renewal levy shall be submitted to the electors of	22523
the school district at the general election held during the last	22524
year the tax being renewed may be extended on the real and public	22525
utility property tax list and duplicate or at a special election	22526
held during the ensuing year.	22527

(3) A resolution adopted under division (A)(1) or (2) of this	22528
section shall go into immediate effect upon its adoption and no	22529
publication of the resolution is necessary other than that	22530
provided for in the notice of election. Immediately after its	22531
adoption, a copy of the resolution shall be certified to the	22532
county auditor of the proper county, who shall, within five days,	22533
calculate and certify to the board of education the estimated	22534
levy, for the first year, and for each subsequent year for which	22535
the tax is proposed to be in effect. The estimates shall be made	22536
both in mills for each dollar of valuation, and in dollars and	22537
cents for each one hundred dollars of valuation. In making the	22538
estimates, the auditor shall assume that the amount of the tax	22539
list remains throughout the life of the levy, the same as the tax	22540
list for the current year. If the tax list for the current year is	22541
not determined, the auditor shall base ~~his~~the auditor's estimates	22542
on the estimated amount of the tax list for the current year as	22543
submitted to the county budget commission.	22544

If the board desires to proceed with the submission of the	22545
question, it shall certify its resolution, with the estimated tax	22546
levy expressed in mills and dollars and cents per hundred dollars	22547
of valuation for each year that the tax is proposed to be in	22548
effect, to the board of elections of the proper county in the	22549
manner provided by division (A) of section 5705.251 of the Revised	22550
Code. Section 5705.251 of the Revised Code shall govern the	22551
arrangements for the submission of the question and other matters	22552
concerning the election to which that section refers. The election	22553
shall be held on the date specified in the resolution. If a	22554
majority of the electors voting on the question so submitted in an	22555
election vote in favor of the tax, and if the tax is authorized to	22556
be levied for the current year, the board of education immediately	22557
may make the additional levy necessary to raise the amount	22558
specified in the resolution or a lesser amount for the purpose	22559
stated in the resolution.	22560

(4) The submission of questions to the electors under this	22561
section is subject to the limitation on the number of election	22562
dates established by section 5705.214 of the Revised Code.	22563

(B) Notwithstanding sections 133.30 and 133.301 of the	22564
Revised Code, after the approval of a tax to be levied in the	22565
current or the succeeding year and prior to the time when the	22566
first tax collection from that levy can be made, the board of	22567
education may anticipate a fraction of the proceeds of the levy	22568
and issue anticipation notes in an amount not to exceed fifty per	22569
cent of the total estimated proceeds of the levy to be collected	22570
during the first year of the levy. The notes shall be sold as	22571
provided in Chapter 133. of the Revised Code. If anticipation	22572
notes are issued, they shall mature serially and in substantially	22573
equal amounts during each year over a period not to exceed five	22574
years; and the amount necessary to pay the interest and principal	22575
as the anticipation notes mature shall be deemed appropriated for	22576
those purposes from the levy, and appropriations from the levy by	22577
the board of education shall be limited each fiscal year to the	22578
balance available in excess of that amount.	22579

If the auditor of state has certified a deficit pursuant to	22580
section 3313.483 of the Revised Code, the notes authorized under	22581
this section may be sold in accordance with Chapter 133. of the	22582
Revised Code, except that the board may sell the notes after	22583
providing a reasonable opportunity for competitive bidding.	22584

Sec. 5705.217. (A) The board of education of a city, local,	22585
or exempted village school district, at any time by a vote of	22586
two-thirds of all its members, may declare by resolution that the	22587
amount of taxes that can be raised within the ten-mill limitation	22588
will be insufficient to provide an adequate amount for the present	22589
and future requirements of the school district; that it is	22590
necessary to levy an additional tax in excess of that limitation	22591
for the purposes of providing funds for current operating expenses	22592
and for the acquisition, construction, enlargement, renovation,	22593
and financing of permanent improvements; and that the question of	22594
the tax shall be submitted to the electors of the district at a	22595
special election. The tax may be levied for a specified number of	22596
years not exceeding five or, if the tax is for current operating	22597
expenses or for general, on-going permanent improvements, for a	22598
continuing period of time. The resolution shall specify the	22599
proposed tax rate, the first year the tax will be levied, and the	22600
number of years it will be levied, or that it will be levied for a	22601
continuing period of time. The resolution shall apportion the	22602
annual rate of the tax between current operating expenses and	22603
permanent improvements. The apportionment may but need not be the	22604
same for each year of the tax, but the respective portions of the	22605
rate actually levied each year for current operating expenses and	22606
permanent improvements shall be limited by the apportionment.	22607

The resolution shall specify the date of holding the special	22608
election, which shall not be earlier than ~~seventy-five~~eighty-five	22609
days after certification of the resolution to the board of	22610
elections and shall be consistent with the requirements of section	22611
3501.01 of the Revised Code. The resolution shall go into	22612
immediate effect upon its passage, and no publication of it is	22613
necessary other than that provided in the notice of election. The	22614
board of education shall certify a copy of the resolution to the	22615
board of elections immediately after its adoption. Section 5705.25	22616
of the Revised Code governs the arrangements and form of the	22617
ballot for the submission of the question to the electors.	22618

If a majority of the electors voting on the question vote in	22619
favor of the tax, the board of education may make the levy at the	22620
additional rate, or at any lesser rate in excess of the ten-mill	22621
limitation. If the tax is for a continuing period of time, it may	22622
be decreased in accordance with section 5705.261 of the Revised	22623
Code.	22624

(B)(1) After the approval of a tax for current operating	22625
expenses under this section and prior to the time the first	22626
collection and distribution from the levy can be made, the board	22627
of education may anticipate a fraction of the proceeds of such	22628
levy and issue anticipation notes in a principal amount not	22629
exceeding fifty per cent of the total estimated proceeds of the	22630
tax to be collected during the first year of the levy.	22631

(2) After the approval of a tax under this section for	22632
permanent improvements having a specific purpose, the board of	22633
education may anticipate a fraction of the proceeds of such tax	22634
and issue anticipation notes in a principal amount not exceeding	22635
fifty per cent of the total estimated proceeds of the tax	22636
remaining to be collected in each year over a period of five years	22637
after issuance of the notes.	22638

(3) After the approval of a tax for general, on-going	22639
permanent improvements under this section, the board of education	22640
may anticipate a fraction of the proceeds of such tax and issue	22641
anticipation notes in a principal amount not exceeding fifty per	22642
cent of the total estimated proceeds of the tax to be collected in	22643
each year over a specified period of years, not exceeding ten,	22644
after issuance of the notes.	22645

Anticipation notes under this section shall be issued as	22646
provided in section 133.24 of the Revised Code. Notes issued under	22647
division (B)(1) or (2) of this section shall have principal	22648
payments during each year after the year of their issuance over a	22649
period not to exceed five years, and may have a principal payment	22650
in the year of their issuance. Notes issued under division (B)(3)	22651
of this section shall have principal payments during each year	22652
after the year of their issuance over a period not to exceed ten	22653
years, and may have a principal payment in the year of their	22654
issuance.	22655

(C) The submission of a question to the electors under this	22656
section is subject to the limitation on the number of elections	22657
that can be held in a year under section 5705.214 of the Revised	22658
Code.	22659

Sec. 5705.218. (A) The board of education of a city, local,	22660
or exempted village school district, at any time by a vote of	22661
two-thirds of all its members, may declare by resolution that it	22662
may be necessary for the school district to issue general	22663
obligation bonds for permanent improvements. The resolution shall	22664
state all of the following:	22665

(1) The necessity and purpose of the bond issue;

22666

(2) The date of the special election at which the question	22667
shall be submitted to the electors;	22668

(3) The amount, approximate date, estimated rate of interest,	22669
and maximum number of years over which the principal of the bonds	22670
may be paid;	22671

(4) The necessity of levying a tax outside the ten-mill	22672
limitation to pay debt charges on the bonds and any anticipatory	22673
securities.	22674

On adoption of the resolution, the board shall certify a copy	22675
of it to the county auditor. The county auditor promptly shall	22676
estimate and certify to the board the average annual property tax	22677
rate required throughout the stated maturity of the bonds to pay	22678
debt charges on the bonds, in the same manner as under division	22679
(C) of section 133.18 of the Revised Code.	22680

(B) After receiving the county auditor's certification under	22681
division (A) of this section, the board of education of the city,	22682
local, or exempted village school district, by a vote of	22683
two-thirds of all its members, may declare by resolution that the	22684
amount of taxes that can be raised within the ten-mill limitation	22685
will be insufficient to provide an adequate amount for the present	22686
and future requirements of the school district; that it is	22687
necessary to issue general obligation bonds of the school district	22688
for permanent improvements and to levy an additional tax in excess	22689
of the ten-mill limitation to pay debt charges on the bonds and	22690
any anticipatory securities; that it is necessary for a specified	22691
number of years or for a continuing period of time to levy	22692
additional taxes in excess of the ten-mill limitation to provide	22693
funds for the acquisition, construction, enlargement, renovation,	22694
and financing of permanent improvements or to pay for current	22695
operating expenses, or both; and that the question of the bonds	22696
and taxes shall be submitted to the electors of the school	22697
district at a special election, which shall not be earlier than	22698
~~seventy-five~~eighty-five days after certification of the	22699
resolution to the board of elections, and the date of which shall	22700
be consistent with section 3501.01 of the Revised Code. The	22701
resolution shall specify all of the following:	22702

(1) The county auditor's estimate of the average annual	22703
property tax rate required throughout the stated maturity of the	22704
bonds to pay debt charges on the bonds;	22705

(2) The proposed rate of the tax, if any, for current	22706
operating expenses, the first year the tax will be levied, and the	22707
number of years it will be levied, or that it will be levied for a	22708
continuing period of time;	22709

(3) The proposed rate of the tax, if any, for permanent	22710
improvements, the first year the tax will be levied, and the	22711
number of years it will be levied, or that it will be levied for a	22712
continuing period of time.	22713

The resolution shall apportion the annual rate of the tax	22714
between current operating expenses and permanent improvements, if	22715
both taxes are proposed. The apportionment may but need not be the	22716
same for each year of the tax, but the respective portions of the	22717
rate actually levied each year for current operating expenses and	22718
permanent improvements shall be limited by the apportionment. The	22719
resolution shall go into immediate effect upon its passage, and no	22720
publication of it is necessary other than that provided in the	22721
notice of election. The board of education shall certify a copy of	22722
the resolution, along with copies of the auditor's estimate and	22723
its resolution under division (A) of this section, to the board of	22724
elections immediately after its adoption.	22725

(C) The board of elections shall make the arrangements for	22726
the submission of the question to the electors of the school	22727
district, and the election shall be conducted, canvassed, and	22728
certified in the same manner as regular elections in the district	22729
for the election of county officers. The resolution shall be put	22730
before the electors as one ballot question, with a favorable vote	22731
indicating approval of the bond issue, the levy to pay debt	22732
charges on the bonds and any anticipatory securities, the current	22733
operating expenses levy, and the permanent improvements levy, if	22734
either or both levies are proposed. The board of elections shall	22735
publish notice of the election in one or more newspapers of	22736
general circulation in the school district once a week for two	22737
consecutive weeks prior to the election, and, if a board of	22738
elections operates and maintains a web site, that board also shall	22739
post notice of the election on its web site for thirty days prior	22740
to the election. The notice of election shall state all of the	22741
following:	22742

(1) The principal amount of the proposed bond issue;

22743

(2) The permanent improvements for which the bonds are to be	22744
issued;	22745

(3) The maximum number of years over which the principal of	22746
the bonds may be paid;	22747

(4) The estimated additional average annual property tax rate	22748
to pay the debt charges on the bonds, as certified by the county	22749
auditor;	22750

(5) The proposed rate of the additional tax, if any, for	22751
current operating expenses;	22752

(6) The number of years the current operating expenses tax	22753
will be in effect, or that it will be in effect for a continuing	22754
period of time;	22755

(7) The proposed rate of the additional tax, if any, for	22756
permanent improvements;	22757

(8) The number of years the permanent improvements tax will	22758
be in effect, or that it will be in effect for a continuing period	22759
of time;	22760

(9) The time and place of the special election.

22761

(D) The form of the ballot for an election under this section	22762
is as follows:	22763

"Shall the .......... school district be authorized to do the	22764
following:	22765

(1) Issue bonds for the purpose of .......... in the	22766
principal amount of $......, to be repaid annually over a maximum	22767
period of ...... years, and levy a property tax outside the	22768
ten-mill limitation, estimated by the county auditor to average	22769
over the bond repayment period ...... mills for each one dollar of	22770
tax valuation, which amounts to ...... (rate expressed in cents or	22771
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	22772
tax valuation, to pay the annual debt charges on the bonds, and to	22773
pay debt charges on any notes issued in anticipation of those	22774
bonds?"	22775

If either a levy for permanent improvements or a levy for	22776
current operating expenses is proposed, or both are proposed, the	22777
ballot also shall contain the following language, as appropriate:	22778

"(2) Levy an additional property tax to provide funds for the	22779
acquisition, construction, enlargement, renovation, and financing	22780
of permanent improvements at a rate not exceeding ....... mills	22781
for each one dollar of tax valuation, which amounts to .......	22782
(rate expressed in cents or dollars and cents) for each $100 of	22783
tax valuation, for ...... (number of years of the levy, or a	22784
continuing period of time)?	22785

(3) Levy an additional property tax to pay current operating	22786
expenses at a rate not exceeding ....... mills for each one dollar	22787
of tax valuation, which amounts to ....... (rate expressed in	22788
cents or dollars and cents) for each $100 of tax valuation, for	22789
....... (number of years of the levy, or a continuing period of	22790
time)?	22791

22792

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			22793
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		22794

22795

(E) The board of elections promptly shall certify the results	22796
of the election to the tax commissioner and the county auditor of	22797
the county in which the school district is located. If a majority	22798
of the electors voting on the question vote for it, the board of	22799
education may proceed with issuance of the bonds and with the levy	22800
and collection of the property tax or taxes at the additional rate	22801
or any lesser rate in excess of the ten-mill limitation. Any	22802
securities issued by the board of education under this section are	22803
Chapter 133. securities, as that term is defined in section 133.01	22804
of the Revised Code.	22805

(F)(1) After the approval of a tax for current operating	22806
expenses under this section and prior to the time the first	22807
collection and distribution from the levy can be made, the board	22808
of education may anticipate a fraction of the proceeds of such	22809
levy and issue anticipation notes in a principal amount not	22810
exceeding fifty per cent of the total estimated proceeds of the	22811
tax to be collected during the first year of the levy.	22812

(2) After the approval of a tax under this section for	22813
permanent improvements having a specific purpose, the board of	22814
education may anticipate a fraction of the proceeds of such tax	22815
and issue anticipation notes in a principal amount not exceeding	22816
fifty per cent of the total estimated proceeds of the tax	22817
remaining to be collected in each year over a period of five years	22818
after issuance of the notes.	22819

(3) After the approval of a tax for general, on-going	22820
permanent improvements under this section, the board of education	22821
may anticipate a fraction of the proceeds of such tax and issue	22822
anticipation notes in a principal amount not exceeding fifty per	22823
cent of the total estimated proceeds of the tax to be collected in	22824
each year over a specified period of years, not exceeding ten,	22825
after issuance of the notes.	22826

Anticipation notes under this section shall be issued as	22827
provided in section 133.24 of the Revised Code. Notes issued under	22828
division (F)(1) or (2) of this section shall have principal	22829
payments during each year after the year of their issuance over a	22830
period not to exceed five years, and may have a principal payment	22831
in the year of their issuance. Notes issued under division (F)(3)	22832
of this section shall have principal payments during each year	22833
after the year of their issuance over a period not to exceed ten	22834
years, and may have a principal payment in the year of their	22835
issuance.	22836

(G) A tax for current operating expenses or for permanent	22837
improvements levied under this section for a specified number of	22838
years may be renewed or replaced in the same manner as a tax for	22839
current operating expenses or for permanent improvements levied	22840
under section 5705.21 of the Revised Code. A tax for current	22841
operating expenses or for permanent improvements levied under this	22842
section for a continuing period of time may be decreased in	22843
accordance with section 5705.261 of the Revised Code.	22844

(H) The submission of a question to the electors under this	22845
section is subject to the limitation on the number of elections	22846
that can be held in a year under section 5705.214 of the Revised	22847
Code.	22848

(I) A school district board of education proposing a ballot	22849
measure under this section to generate local resources for a	22850
project under the school building assistance expedited local	22851
partnership program under section 3318.36 of the Revised Code may	22852
combine the questions under division (D) of this section with a	22853
question for the levy of a property tax to generate moneys for	22854
maintenance of the classroom facilities acquired under that	22855
project as prescribed in section 3318.361 of the Revised Code.	22856

Sec. 5705.219. (A) As used in this section:

22857

(1) "Eligible school district" means a city, local, or	22858
exempted village school district in which the taxes charged and	22859
payable for current expenses on residential/agricultural real	22860
property in the tax year preceding the year in which the levy	22861
authorized by this section will be submitted for elector approval	22862
or rejection are greater than two per cent of the taxable value of	22863
the residential/agricultural real property.	22864

(2) "Residential/agricultural real property" and	22865
"nonresidential/agricultural real property" means the property	22866
classified as such under section 5713.041 of the Revised Code.	22867

(3) "Effective tax rate" and "taxes charged and payable" have	22868
the same meanings as in division (B) of section 319.301 of the	22869
Revised Code.	22870

(B) On or after January 1, 2010, but before January 1, 2015,	22871
the board of education of an eligible school district, by a vote	22872
of two-thirds of all its members, may adopt a resolution	22873
proposing to convert existing levies imposed for the purpose of	22874
current expenses into a levy raising a specified amount of tax	22875
money by repealing all or a portion of one or more of those	22876
existing levies and imposing a levy in excess of the ten-mill	22877
limitation that will raise a specified amount of money for	22878
current expenses of the district.	22879

The board of education shall certify a copy of the resolution	22880
to the tax commissioner not later than ~~ninety~~one hundred days	22881
before the election upon which the repeal and levy authorized by	22882
this section will be proposed to the electors. Within ten days	22883
after receiving the copy of the resolution, the tax commissioner	22884
shall determine each of the following and certify the	22885
determinations to the board of education:	22886

(1) The dollar amount to be raised by the proposed levy,	22887
which shall be the product of:	22888

(a) The difference between the aggregate effective tax rate	22889
for residential/agricultural real property for the tax year	22890
preceding the year in which the repeal and levy will be proposed	22891
to the electors and twenty mills per dollar of taxable value;	22892

(b) The total taxable value of all property on the tax list	22893
of real and public utility property for the tax year preceding the	22894
year in which the repeal and levy will be proposed to the	22895
electors.	22896

(2) The estimated tax rate of the proposed levy.

22897

(3) The existing levies and any portion of an existing levy	22898
to be repealed upon approval of the question. Levies shall be	22899
repealed in reverse chronological order from most recently imposed	22900
to least recently imposed until the sum of the effective tax rates	22901
repealed for residential/agricultural real property is equal to	22902
the difference calculated in division (B)(1)(a) of this section.	22903

(4) The sum of the following:

22904

(a) The total taxable value of nonresidential/agricultural	22905
real property for the tax year preceding the year in which the	22906
repeal and levy will be proposed to the electors multiplied by the	22907
difference between (i) the aggregate effective tax rate for	22908
nonresidential/agricultural real property for the existing levies	22909
and any portion of an existing levy to be repealed and (ii) the	22910
amount determined under division (B)(1)(a) of this section, but	22911
not less than zero;	22912

(b) The total taxable value of public utility tangible	22913
personal property for the tax year preceding the year in which the	22914
repeal and levy will be proposed to the electors multiplied by the	22915
difference between (i) the aggregate voted tax rate for the	22916
existing levies and any portion of an existing levy to be repealed	22917
and (ii) the amount determined under division (B)(1)(a) of this	22918
section, but not less than zero.	22919

(C) Upon receipt of the certification from the tax	22920
commissioner under division (B) of this section, a majority of the	22921
members of the board of education may adopt a resolution proposing	22922
the repeal of the existing levies as identified in the	22923
certification and the imposition of a levy in excess of the	22924
ten-mill limitation that will raise annually the amount certified	22925
by the commissioner. If the board determines that the tax should	22926
be for an amount less than that certified by the commissioner, the	22927
board may request that the commissioner redetermine the rate	22928
under division (B)(2) of this section on the basis of the	22929
lesser amount the levy is to raise as specified by the board. The	22930
amount certified under division (B)(4) and the levies to be	22931
repealed as certified under division (B)(3) of this section shall	22932
not be redetermined. Within ten days after receiving a timely	22933
request specifying the lesser amount to be raised by the levy,	22934
the commissioner shall redetermine the rate and recertify it to	22935
the board as otherwise provided in division (B) of this section.	22936
Only one such request may be made by the board of education of	22937
an eligible school district.	22938

The resolution shall state the first calendar year in which	22939
the levy will be due; the existing levies and any portion of an	22940
existing levy that will be repealed, as certified by the	22941
commissioner; the term of the levy expressed in years, which may	22942
be any number not exceeding ten, or that it will be levied for a	22943
continuing period of time; and the date of the election, which	22944
shall be the date of a primary or general election.	22945

Immediately upon its passage, the resolution shall go into	22946
effect and shall be certified by the board of education to the	22947
county auditor of the proper county. The county auditor and the	22948
board of education shall proceed as required under section	22949
5705.195 of the Revised Code. No publication of the resolution is	22950
necessary other than that provided for in the notice of election.	22951
Section 5705.196 of the Revised Code shall govern the matters	22952
concerning the election. The submission of a question to the	22953
electors under this section is subject to the limitation on the	22954
number of election dates established by section 5705.214 of the	22955
Revised Code.	22956

(D) The form of the ballot to be used at the election	22957
provided for in this section shall be as follows:	22958

"Shall the existing levy of .......... (insert the voted	22959
millage rate of the levy to be repealed), currently being charged	22960
against residential and agricultural property by the ..........	22961
(insert the name of school district) at a rate of ..........	22962
(insert the residential/agricultural real property effective tax	22963
rate of the levy being repealed) for the purpose of ..........	22964
(insert the purpose of the existing levy) be repealed, and shall	22965
a levy be imposed by the .......... (insert the name of school	22966
district) in excess of the ten-mill limitation for the necessary	22967
requirements of the school district in the sum of ..........	22968
(insert the annual amount the levy is to produce), estimated by	22969
the tax commissioner to require .......... (insert the number of	22970
mills) mills for each one dollar of valuation, which amounts to	22971
.......... (insert the rate expressed in dollars and cents) for	22972
each one hundred dollars of valuation for the initial year of the	22973
tax, for a period of .......... (insert the number of years the	22974
levy is to be imposed, or that it will be levied for a continuing	22975
period of time), commencing in .......... (insert the first year	22976
the tax is to be levied), first due in calendar year ..........	22977
(insert the first calendar year in which the tax shall be due)?	22978

22979

		FOR THE REPEAL AND TAX			22980
		AGAINST THE REPEAL AND TAX	"		22981

22982

If the question submitted is a proposal to repeal all or a	22983
portion of more than one existing levy, the form of the ballot	22984
shall be modified by substituting the statement "shall the	22985
existing levy of" with "shall existing levies of" and inserting	22986
the aggregate voted and aggregate effective tax rates to be	22987
repealed.	22988

(E) If a majority of the electors voting on the question	22989
submitted in an election vote in favor of the repeal and levy, the	22990
result shall be certified immediately after the canvass by the	22991
board of elections to the board of education. The board of	22992
education may make the levy necessary to raise the amount	22993
specified in the resolution for the purpose stated in the	22994
resolution and shall certify it to the county auditor, who shall	22995
extend it on the current year tax lists for collection. After the	22996
first year, the levy shall be included in the annual tax budget	22997
that is certified to the county budget commission.	22998

(F) A levy imposed under this section for a continuing period	22999
of time may be decreased or repealed pursuant to section 5705.261	23000
of the Revised Code. If a levy imposed under this section is	23001
decreased, the amount calculated under division (B)(4) of this	23002
section and paid under section 5705.2110 of the Revised Code	23003
shall be decreased by the same proportion as the levy is	23004
decreased. If the levy is repealed, no further payments shall be	23005
made to the district under that section.	23006

(G) At any time, the board of education, by a vote of	23007
two-thirds of all of its members, may adopt a resolution to renew	23008
a tax levied under this section. The resolution shall provide for	23009
levying the tax and specifically all of the following:	23010

(1) That the tax shall be called, and designated on the	23011
ballot as, a renewal levy;	23012

(2) The amount of the renewal tax, which shall be no more	23013
than the amount of tax previously collected;	23014

(3) The number of years, not to exceed ten, that the renewal	23015
tax will be levied, or that it will be levied for a continuing	23016
period of time;	23017

(4) That the purpose of the renewal tax is for current	23018
expenses.	23019

The board shall certify a copy of the resolution to the board	23020
of elections not later than ~~seventy-five~~eighty-five days before	23021
the date of the election at which the question is to be	23022
submitted, which shall be the date of a primary or general	23023
election.	23024

(H) The form of the ballot to be used at the election on the	23025
question of renewing a levy under this section shall be as	23026
follows:	23027

"Shall a tax levy renewing an existing levy of ..........	23028
(insert the annual dollar amount the levy is to produce each	23029
year), estimated to require .......... (insert the number of	23030
mills) mills for each one dollar of valuation be imposed by the	23031
.......... (insert the name of school district) for the purpose	23032
of current expenses for a period of .......... (insert the number	23033
of years the levy is to be imposed, or that it will be levied for	23034
a continuing period of time), commencing in .......... (insert	23035
the first year the tax is to be levied), first due in calendar	23036
year .......... (insert the first calendar year in which the tax	23037
shall be due)?	23038

23039

		FOR THE RENEWAL OF THE TAX LEVY			23040
		AGAINST THE RENEWAL OF THE TAX LEVY	"		23041

23042

If the levy submitted is to be for less than the amount of	23043
money previously collected, the form of the ballot shall be	23044
modified to add "and reducing" after "renewing" and to add before	23045
"estimated to require" the statement "be approved at a tax rate	23046
necessary to produce .......... (insert the lower annual dollar	23047
amount the levy is to produce each year)."	23048

Sec. 5705.2111. (A) If the board of directors of a regional	23049
student education district created under section 3313.83 of the	23050
Revised Code desires to levy a tax in excess of the ten-mill	23051
limitation throughout the district for the purpose of funding the	23052
services to be provided by the district to students enrolled in	23053
the school districts of which the district is composed and their	23054
immediate family members, the board shall propose the levy to each	23055
of the boards of education of those school districts. The proposal	23056
shall specify the rate or amount of the tax, the number of years	23057
the tax will be levied or that it will be levied for a continuing	23058
period of time, and that the aggregate rate of the tax shall not	23059
exceed three mills per dollar of taxable value in the regional	23060
student education district.	23061

(B)(1) If a majority of the boards of education of the school	23062
districts of which the regional student education district is	23063
composed approves the proposal for the tax levy, the board of	23064
directors of the regional student education district may adopt a	23065
resolution approved by a majority of the board's full membership	23066
declaring the necessity of levying the proposed tax in excess of	23067
the ten-mill limitation throughout the district for the purpose of	23068
funding the services to be provided by the district to students	23069
enrolled in the school districts of which the district is composed	23070
and their immediate family members. The resolution shall provide	23071
for the question of the tax to be submitted to the electors of the	23072
district at a general, primary, or special election on a day to be	23073
specified in the resolution that is consistent with the	23074
requirements of section 3501.01 of the Revised Code and that	23075
occurs at least ~~seventy-five~~eighty-five days after the resolution	23076
is certified to the board of elections. The resolution shall	23077
specify the rate or amount of the tax and the number of years the	23078
tax will be levied or that the tax will be levied for a	23079
continuing period of time. The aggregate rate of tax levied by a	23080
regional student education district under this section at any	23081
time shall not exceed three mills per dollar of taxable value in	23082
the district. A tax levied under this section may be renewed,	23083
subject to section 5705.25 of the Revised Code, or replaced as	23084
provided in section 5705.192 of the Revised Code.	23085

(2) The resolution shall take effect immediately upon	23086
passage, and no publication of the resolution is necessary other	23087
than that provided in the notice of election. The resolution shall	23088
be certified and submitted in the manner provided under section	23089
5705.25 of the Revised Code, and that section governs the	23090
arrangements governing submission of the question and other	23091
matters concerning the election.	23092

Sec. 5705.22. The board of county commissioners of any	23093
county, at any time and in any year, after providing the normal	23094
and customary percentages of the total general fund appropriations	23095
for the support of county hospitals, by vote of two-thirds of all	23096
members of said board, may declare by resolution that the amount	23097
of taxes which may be raised within the ten-mill limitation will	23098
be insufficient to provide an adequate amount for the support of	23099
county hospitals, and that it is necessary to levy a tax in excess	23100
of the ten-mill limitation to supplement such general fund	23101
appropriations for such purpose, but the total levy for this	23102
purpose shall not exceed sixty-five one hundredths of a mill.	23103

Such resolution shall conform to the requirements of section	23104
5705.19 of the Revised Code, and shall be certified to the board	23105
of elections not less than ~~seventy-five~~eighty-five days before	23106
the general election and submitted in the manner provided in	23107
section 5705.25 of the Revised Code.	23108

If the majority of electors voting on a levy to supplement	23109
the general fund appropriations for the support of county	23110
hospitals vote in favor of the levy, the board of said county may	23111
levy a tax within such county at the additional rate in excess of	23112
the ten-mill limitation during the period for the purpose stated	23113
in the resolution or at any less rate or for any of the said	23114
years.	23115

Sec. 5705.221. (A) At any time, the board of county	23116
commissioners of any county by a majority vote of the full	23117
membership may declare by resolution and certify to the board of	23118
elections of the county that the amount of taxes which may be	23119
raised within the ten-mill limitation by levies on the current tax	23120
duplicate will be insufficient to provide the necessary	23121
requirements of the county's alcohol, drug addiction, and mental	23122
health service district established pursuant to Chapter 340. of	23123
the Revised Code, or the county's contribution to a joint-county	23124
district of which the county is a part, and that it is necessary	23125
to levy a tax in excess of such limitation for the operation of	23126
alcohol and drug addiction programs and mental health programs and	23127
the acquisition, construction, renovation, financing, maintenance,	23128
and operation of alcohol and drug addiction facilities and mental	23129
health facilities.	23130

Such resolution shall conform to section 5705.19 of the	23131
Revised Code, except that the increased rate may be in effect for	23132
any number of years not exceeding ten.	23133

The resolution shall be certified and submitted in the manner	23134
provided in section 5705.25 of the Revised Code, except that it	23135
may be placed on the ballot in any election, and shall be	23136
certified to the board of elections not less than ~~seventy-five~~	23137
eighty-five days before the election at which it will be voted	23138
upon.	23139

If the majority of the electors voting on a levy to	23140
supplement general fund appropriations for the support of the	23141
comprehensive alcohol and drug addiction and mental health program	23142
vote in favor of the levy, the board may levy a tax within the	23143
county at the additional rate outside the ten-mill limitation	23144
during the specified or continuing period, for the purpose stated	23145
in the resolution.	23146

(B) When electors have approved a tax levy under this	23147
section, the board of county commissioners may anticipate a	23148
fraction of the proceeds of the levy and, from time to time, issue	23149
anticipation notes in accordance with section 5705.191 or 5705.193	23150
of the Revised Code.	23151

(C) The county auditor who is the fiscal officer of the	23152
alcohol, drug addiction, and mental health service district, upon	23153
receipt of a resolution from the board of alcohol, drug addiction,	23154
and mental health services, shall establish for the district a	23155
capital improvements account or a reserve balance account, or	23156
both, as specified in the resolution. The capital improvements	23157
account shall be a contingency fund for the necessary acquisition,	23158
replacement, renovation, or construction of facilities and movable	23159
and fixed equipment. Upon the request of the board, funds not	23160
needed to pay for current expenses may be appropriated to the	23161
capital improvements account, in amounts such that the account	23162
does not exceed twenty-five per cent of the replacement value of	23163
all capital facilities and equipment currently used by the board	23164
for programs and services. Other funds which are available for	23165
current capital expenses from federal, state, or local sources may	23166
also be appropriated to this account.	23167

The reserve balance account shall contain those funds that	23168
are not needed to pay for current operating expenses and not	23169
deposited in the capital improvements account but that will be	23170
needed to pay for operating expenses in the future. Upon the	23171
request of a board, such funds shall be appropriated to the	23172
reserve balance account. Payments from the capital improvements	23173
account and the reserve balance account shall be made by the	23174
county treasurer who is the custodian of funds for the district	23175
upon warrants issued by the county auditor who is the fiscal	23176
officer of the district pursuant to orders of the board.	23177

Sec. 5705.222. (A) At any time the board of county	23178
commissioners of any county by a majority vote of the full	23179
membership may declare by resolution and certify to the board of	23180
elections of the county that the amount of taxes which may be	23181
raised within the ten-mill limitation by levies on the current tax	23182
duplicate will be insufficient to provide the necessary	23183
requirements of the county board of developmental disabilities	23184
established pursuant to Chapter 5126. of the Revised Code and	23185
that it is necessary to levy a tax in excess of such limitation	23186
for the operation of programs and services by county boards of	23187
developmental disabilities and for the acquisition, construction,	23188
renovation, financing, maintenance, and operation of mental	23189
retardation and developmental disabilities facilities.	23190

Such resolution shall conform to section 5705.19 of the	23191
Revised Code, except that the increased rate may be in effect for	23192
any number of years not exceeding ten or for a continuing period	23193
of time.	23194

The resolution shall be certified and submitted in the manner	23195
provided in section 5705.25 of the Revised Code, except that it	23196
may be placed on the ballot in any election, and shall be	23197
certified to the board of elections not less than ~~seventy-five~~	23198
eighty-five days before the election at which it will be voted	23199
upon.	23200

If the majority of the electors voting on a levy for the	23201
support of the programs and services of the county board of	23202
developmental disabilities vote in favor of the levy, the board	23203
of county commissioners may levy a tax within the county at the	23204
additional rate outside the ten-mill limitation during the	23205
specified or continuing period, for the purpose stated in the	23206
resolution. The county board of developmental disabilities,	23207
within its budget and with the approval of the board of county	23208
commissioners through annual appropriations, shall use the	23209
proceeds of a levy approved under this section solely for the	23210
purposes authorized by this section.	23211

(B) When electors have approved a tax levy under this	23212
section, the county commissioners may anticipate a fraction of the	23213
proceeds of the levy and issue anticipation notes in accordance	23214
with section 5705.191 or 5705.193 of the Revised Code.	23215

(C) The county auditor, upon receipt of a resolution from the	23216
county board of developmental disabilities, shall establish a	23217
capital improvements account or a reserve balance account, or	23218
both, as specified in the resolution. The capital improvements	23219
account shall be a contingency account for the necessary	23220
acquisition, replacement, renovation, or construction of	23221
facilities and movable and fixed equipment. Upon the request of	23222
the county board of developmental disabilities, moneys not needed	23223
to pay for current expenses may be appropriated to this account,	23224
in amounts such that this account does not exceed twenty-five per	23225
cent of the replacement value of all capital facilities and	23226
equipment currently used by the county board of developmental	23227
disabilities for mental retardation and developmental disabilities	23228
programs and services. Other moneys available for current capital	23229
expenses from federal, state, or local sources may also be	23230
appropriated to this account.	23231

The reserve balance account shall contain those moneys that	23232
are not needed to pay for current operating expenses and not	23233
deposited in the capital improvements account but that will be	23234
needed to pay for operating expenses in the future. Upon the	23235
request of a county board of developmental disabilities, the board	23236
of county commissioners may appropriate moneys to the reserve	23237
balance account.	23238

Sec. 5705.23. The board of library trustees of any county,	23239
municipal corporation, school district, or township public library	23240
by a vote of two-thirds of all its members may at any time declare	23241
by resolution that the amount of taxes which may be raised within	23242
the ten-mill limitation by levies on the current tax duplicate	23243
will be insufficient to provide an adequate amount for the	23244
necessary requirements of the public library, that it is necessary	23245
to levy a tax in excess of such limitation for current expenses of	23246
the public library or for the construction of any specific	23247
permanent improvement or class of improvements which the board of	23248
library trustees is authorized to make or acquire and which could	23249
be included in a single issue of bonds, and that the question of	23250
such additional tax levy shall be submitted by the taxing	23251
authority of the political subdivision to whose jurisdiction the	23252
board is subject, to the electors of the subdivision, or, if the	23253
resolution so states, to the electors residing within the	23254
boundaries of the library district, as defined by the state	23255
library board pursuant to section 3375.01 of the Revised Code, on	23256
the day specified by division (E) of section 3501.01 of the	23257
Revised Code for the holding of a primary election or at an	23258
election on another day to be specified in the resolution. No more	23259
than two elections shall be held under authority of this section	23260
in any one calendar year. Such resolution shall conform to section	23261
5705.19 of the Revised Code, except that the tax levy may be in	23262
effect for any specified number of years or for a continuing	23263
period of time, as set forth in the resolution, and the resolution	23264
shall specify the date of holding the election, which shall not be	23265
earlier than ~~seventy-five~~eighty-five days after the adoption and	23266
certification of the resolution to the taxing authority of the	23267
political subdivision to whose jurisdiction the board is subject,	23268
and which shall be consistent with the requirements of section	23269
3501.01 of the Revised Code. The resolution shall not include a	23270
levy on the current tax list and duplicate unless the election is	23271
to be held at or prior to the first Tuesday after the first Monday	23272
in November of the current tax year.	23273

Upon receipt of the resolution, the taxing authority of the	23274
political subdivision to whose jurisdiction the board is subject	23275
shall adopt a resolution providing for the submission of such	23276
additional tax levy to the electors of the subdivision, or, if the	23277
resolution so states, to the electors residing within the	23278
boundaries of the library district, as defined by the state	23279
library board pursuant to section 3375.01 of the Revised Code, on	23280
the date specified in the resolution of the board of library	23281
trustees. The resolution adopted by the taxing authority shall	23282
otherwise conform to the resolution certified to it by the board.	23283
The resolution of the taxing authority shall be certified to the	23284
board of elections of the proper county not less than ~~seventy-five~~	23285
eighty-five days before the date of such election. Such resolution	23286
shall go into immediate effect upon its passage, and no	23287
publication of the resolution shall be necessary other than that	23288
provided in the notice of election. Section 5705.25 of the	23289
Revised Code shall govern the arrangements for the submission of	23290
such question and other matters concerning the election, to which	23291
that section refers, except that if the resolution so states, the	23292
question shall be submitted to the electors residing within the	23293
boundaries of the library district, as defined by the state	23294
library board pursuant to section 3375.01 of the Revised Code, and	23295
except that such election shall be held on the date specified in	23296
the resolution. If a majority of the electors voting on the	23297
question so submitted in an election vote in favor of such levy,	23298
the taxing authority may forthwith make the necessary levy within	23299
the subdivision or within the boundaries of the library district,	23300
as defined by the state library board pursuant to section 3375.01	23301
of the Revised Code, at the additional rate in excess of the	23302
ten-mill limitation on the tax list, for the purpose stated in	23303
such resolutions. Such tax levy shall be included in the next	23304
annual tax budget that is certified to the county budget	23305
commission. The proceeds of any library levy in excess of the	23306
ten-mill limitation shall be used for purposes of the board in	23307
accordance with the law applicable to the board.	23308

After the approval of a levy on the current tax list and	23309
duplicate to provide an increase in current expenses, and prior to	23310
the time when the first tax collection from such levy can be made,	23311
the taxing authority at the request of the board of library	23312
trustees may anticipate a fraction of the proceeds of such levy	23313
and issue anticipation notes in an amount not exceeding fifty per	23314
cent of the total estimated proceeds of the levy to be collected	23315
during the first year of the levy.	23316

After the approval of a levy to provide revenues for the	23317
construction or acquisition of any specific permanent improvement	23318
or class of improvements, the taxing authority at the request of	23319
the board of library trustees may anticipate a fraction of the	23320
proceeds of such levy and issue anticipation notes in a principal	23321
amount not exceeding fifty per cent of the total estimated	23322
proceeds of the levy to be collected in each year over a period of	23323
ten years after the issuance of such notes.	23324

The notes shall be issued as provided in section 133.24 of	23325
the Revised Code, shall have principal payments during each year	23326
after the year of their issuance over a period not to exceed ten	23327
years, and may have a principal payment in the year of their	23328
issuance.	23329

When a board of public library trustees of a county library	23330
district, appointed under section 3375.22 of the Revised Code,	23331
requests the submission of such special levy, the taxing authority	23332
shall submit the levy to the voters of the county library district	23333
only. For the purposes of this section, and of the board of public	23334
library trustees only, the words "electors of the subdivision," as	23335
used in this section and in section 5705.25 of the Revised Code,	23336
mean "electors of the county library district." Any levy approved	23337
by the electors of the county library district shall be made	23338
within the county library district only.	23339

Sec. 5705.24. The board of county commissioners of any	23340
county, at any time and in any year, after providing the normal	23341
and customary percentage of the total general fund appropriations	23342
for the support of children services and the care and placement of	23343
children, by vote of two-thirds of all the members of said board	23344
may declare by resolution that the amount of taxes which may be	23345
raised within the ten-mill limitation will be insufficient to	23346
provide an adequate amount for the support of such children	23347
services, and that it is necessary to levy a tax in excess of the	23348
ten-mill limitation to supplement such general fund appropriations	23349
for such purpose. Taxes collected from a levy imposed under this	23350
section may be expended for any operating or capital improvement	23351
expenditure necessary for the support of children services and the	23352
care and placement of children.	23353

Such resolution shall conform to the requirements of section	23354
5705.19 of the Revised Code, except that the levy may be for any	23355
number of years not exceeding ten. The resolution shall be	23356
certified to the board of elections not less than ~~seventy-five~~	23357
eighty-five days before the general, primary, or special election	23358
upon which it will be voted, and be submitted in the manner	23359
provided in section 5705.25 of the Revised Code, except that it	23360
may be placed on the ballot in any such election.	23361

If the majority of the electors voting on a levy to	23362
supplement general fund appropriations for the support of children	23363
services and the care and placement of children vote in favor	23364
thereof, the board may levy a tax within such county at the	23365
additional rate outside the ten-mill limitation during the period	23366
and for the purpose stated in the resolution or at any less rate	23367
or for any of the said years.	23368

After the approval of such levy and prior to the time when	23369
the first tax collection from such levy can be made, the board of	23370
county commissioners may anticipate a fraction of the proceeds of	23371
such levy and issue anticipation notes in a principal amount not	23372
to exceed fifty per cent of the total estimated proceeds of the	23373
levy throughout its life.	23374

Such notes shall be issued as provided in section 133.24 of	23375
the Revised Code, shall have principal payments during each year	23376
after the year of their issuance over a period not exceeding the	23377
life of the levy, and may have a principal payment in the year of	23378
their issuance.	23379

Sec. 5705.25. (A) A copy of any resolution adopted as	23380
provided in section 5705.19 or 5705.2111 of the Revised Code shall	23381
be certified by the taxing authority to the board of elections of	23382
the proper county not less than ~~seventy-five~~eighty-five days	23383
before the general election in any year, and the board shall	23384
submit the proposal to the electors of the subdivision at the	23385
succeeding November election. Except as otherwise provided in this	23386
division, a resolution to renew an existing levy, regardless of	23387
the section of the Revised Code under which the tax was imposed,	23388
shall not be placed on the ballot unless the question is	23389
submitted at the general election held during the last year the	23390
tax to be renewed or replaced may be extended on the real and	23391
public utility property tax list and duplicate, or at any	23392
election held in the ensuing year. The limitation of the	23393
foregoing sentence does not apply to a resolution to renew and	23394
increase or to renew part of an existing levy that was imposed	23395
under section 5705.191 of the Revised Code to supplement the	23396
general fund for the purpose of making appropriations for one or	23397
more of the following purposes: for public assistance, human or	23398
social services, relief, welfare, hospitalization, health, and	23399
support of general hospitals. The limitation of the second	23400
preceding sentence also does not apply to a resolution that	23401
proposes to renew two or more existing levies imposed under	23402
section 5705.21 of the Revised Code, in which case the question	23403
shall be submitted on the date of the general or primary election	23404
held during the last year at least one of the levies to be renewed	23405
may be extended on the real and public utility property tax list	23406
and duplicate, or at any election held during the ensuing year.	23407
For purposes of this section, a levy shall be considered to be an	23408
"existing levy" through the year following the last year it can be	23409
placed on that tax list and duplicate.	23410

The board shall make the necessary arrangements for the	23411
submission of such questions to the electors of such subdivision,	23412
and the election shall be conducted, canvassed, and certified in	23413
the same manner as regular elections in such subdivision for the	23414
election of county officers. Notice of the election shall be	23415
published in a newspaper of general circulation in the subdivision	23416
once a week for two consecutive weeks prior to the election, and,	23417
if the board of elections operates and maintains a web site, the	23418
board of elections shall post notice of the election on its web	23419
site for thirty days prior to the election. The notice shall state	23420
the purpose, the proposed increase in rate expressed in dollars	23421
and cents for each one hundred dollars of valuation as well as in	23422
mills for each one dollar of valuation, the number of years during	23423
which the increase will be in effect, the first month and year in	23424
which the tax will be levied, and the time and place of the	23425
election.	23426

(B) The form of the ballots cast at an election held pursuant	23427
to division (A) of this section shall be as follows:	23428

"An additional tax for the benefit of (name of subdivision or	23429
public library) .......... for the purpose of (purpose stated in	23430
the resolution) .......... at a rate not exceeding ...... mills	23431
for each one dollar of valuation, which amounts to (rate expressed	23432
in dollars and cents) ............ for each one hundred dollars of	23433
valuation, for ...... (life of indebtedness or number of years the	23434
levy is to run).	23435

23436

		For the Tax Levy			23437
		Against the Tax Levy	"		23438

23439

(C) If the levy is to be in effect for a continuing period of	23440
time, the notice of election and the form of ballot shall so state	23441
instead of setting forth a specified number of years for the levy.	23442

If the tax is to be placed on the current tax list, the form	23443
of the ballot shall be modified by adding, after the statement of	23444
the number of years the levy is to run, the phrase ", commencing	23445
in .......... (first year the tax is to be levied), first due in	23446
calendar year .......... (first calendar year in which the tax	23447
shall be due)."	23448

If the levy submitted is a proposal to renew, increase, or	23449
decrease an existing levy, the form of the ballot specified in	23450
division (B) of this section may be changed by substituting for	23451
the words "An additional" at the beginning of the form, the words	23452
"A renewal of a" in case of a proposal to renew an existing levy	23453
in the same amount; the words "A renewal of ........ mills and an	23454
increase of ...... mills to constitute a" in the case of an	23455
increase; or the words "A renewal of part of an existing levy,	23456
being a reduction of ...... mills, to constitute a" in the case of	23457
a decrease in the proposed levy.	23458

If the levy submitted is a proposal to renew two or more	23459
existing levies imposed under section 5705.21 of the Revised Code,	23460
the form of the ballot specified in division (B) of this section	23461
shall be modified by substituting for the words "an additional	23462
tax" the words "a renewal of ....(insert the number of levies to	23463
be renewed) existing taxes."	23464

The question covered by such resolution shall be submitted as	23465
a separate proposition but may be printed on the same ballot with	23466
any other proposition submitted at the same election, other than	23467
the election of officers. More than one such question may be	23468
submitted at the same election.	23469

(D) A levy voted in excess of the ten-mill limitation under	23470
this section shall be certified to the tax commissioner. In the	23471
first year of the levy, it shall be extended on the tax lists	23472
after the February settlement succeeding the election. If the	23473
additional tax is to be placed upon the tax list of the current	23474
year, as specified in the resolution providing for its submission,	23475
the result of the election shall be certified immediately after	23476
the canvass by the board of elections to the taxing authority, who	23477
shall make the necessary levy and certify it to the county	23478
auditor, who shall extend it on the tax lists for collection.	23479
After the first year, the tax levy shall be included in the annual	23480
tax budget that is certified to the county budget commission.	23481

Sec. 5705.251. (A) A copy of a resolution adopted under	23482
section 5705.212 or 5705.213 of the Revised Code shall be	23483
certified by the board of education to the board of elections of	23484
the proper county not less than ~~seventy-five~~eighty-five days	23485
before the date of the election specified in the resolution, and	23486
the board of elections shall submit the proposal to the electors	23487
of the school district at a special election to be held on that	23488
date. The board of elections shall make the necessary arrangements	23489
for the submission of the question or questions to the electors of	23490
the school district, and the election shall be conducted,	23491
canvassed, and certified in the same manner as regular elections	23492
in the school district for the election of county officers. Notice	23493
of the election shall be published in a newspaper of general	23494
circulation in the subdivision once a week for two consecutive	23495
weeks prior to the election, and, if the board of elections	23496
operates and maintains a web site, the board of elections shall	23497
post notice of the election on its web site for thirty days prior	23498
to the election.	23499

(1) In the case of a resolution adopted under section	23500
5705.212 of the Revised Code, the notice shall state separately,	23501
for each tax being proposed, the purpose; the proposed increase in	23502
rate, expressed in dollars and cents for each one hundred dollars	23503
of valuation as well as in mills for each one dollar of valuation;	23504
the number of years during which the increase will be in effect;	23505
and the first calendar year in which the tax will be due. For an	23506
election on the question of a renewal levy, the notice shall state	23507
the purpose; the proposed rate, expressed in dollars and cents for	23508
each one hundred dollars of valuation as well as in mills for each	23509
one dollar of valuation; and the number of years the tax will be	23510
in effect.	23511

(2) In the case of a resolution adopted under section	23512
5705.213 of the Revised Code, the notice shall state the purpose;	23513
the amount proposed to be raised by the tax in the first year it	23514
is levied; the estimated average additional tax rate for the first	23515
year it is proposed to be levied, expressed in mills for each one	23516
dollar of valuation and in dollars and cents for each one hundred	23517
dollars of valuation; the number of years during which the	23518
increase will be in effect; and the first calendar year in which	23519
the tax will be due. The notice also shall state the amount by	23520
which the amount to be raised by the tax may be increased in each	23521
year after the first year. The amount of the allowable increase	23522
may be expressed in terms of a dollar increase over, or a	23523
percentage of, the amount raised by the tax in the immediately	23524
preceding year. For an election on the question of a renewal levy,	23525
the notice shall state the purpose; the amount proposed to be	23526
raised by the tax; the estimated tax rate, expressed in mills for	23527
each one dollar of valuation and in dollars and cents for each one	23528
hundred dollars of valuation; and the number of years the tax will	23529
be in effect.	23530

In any case, the notice also shall state the time and place	23531
of the election.	23532

(B) The form of the ballot in an election on taxes proposed	23533
under section 5705.212 of the Revised Code shall be as follows:	23534

"Shall the .......... school district be authorized to levy	23535
taxes for current expenses, the aggregate rate of which may	23536
increase in ...... (number) increment(s) of not more than ......	23537
mill(s) for each dollar of valuation, from an original rate of	23538
...... mill(s) for each dollar of valuation, which amounts to	23539
...... (rate expressed in dollars and cents) for each one hundred	23540
dollars of valuation, to a maximum rate of ...... mill(s) for each	23541
dollar of valuation, which amounts to ...... (rate expressed in	23542
dollars and cents) for each one hundred dollars of valuation? The	23543
original tax is first proposed to be levied in ...... (the first	23544
year of the tax), and the incremental tax in ...... (the first	23545
year of the increment) (if more than one incremental tax is	23546
proposed in the resolution, the first year that each incremental	23547
tax is proposed to be levied shall be stated in the preceding	23548
format, and the increments shall be referred to as the first,	23549
second, third, or fourth increment, depending on their number).	23550
The aggregate rate of tax so authorized will .......... (insert	23551
either, "expire with the original rate of tax which shall be in	23552
effect for ...... years" or "be in effect for a continuing period	23553
of time").	23554

23555

		FOR THE TAX LEVIES			23556
		AGAINST THE TAX LEVIES	"		23557

23558

The form of the ballot in an election on the question of a	23559
renewal levy under section 5705.212 of the Revised Code shall be	23560
as follows:	23561

"Shall the ......... school district be authorized to renew a	23562
tax for current expenses at a rate not exceeding ......... mills	23563
for each dollar of valuation, which amounts to ......... (rate	23564
expressed in dollars and cents) for each one hundred dollars of	23565
valuation, for .......... (number of years the levy shall be in	23566
effect, or a continuing period of time)?	23567

23568

		FOR THE TAX LEVY			23569
		AGAINST THE TAX LEVY	"		23570

23571

If the tax is to be placed on the current tax list, the form	23572
of the ballot shall be modified by adding, after the statement of	23573
the number of years the levy is to be in effect, the phrase ",	23574
commencing in .......... (first year the tax is to be levied),	23575
first due in calendar year .......... (first calendar year in	23576
which the tax shall be due)."	23577

(C) The form of the ballot in an election on a tax proposed	23578
under section 5705.213 of the Revised Code shall be as follows:	23579

"Shall the ........ school district be authorized to levy the	23580
following tax for current expenses? The tax will first be levied	23581
in ...... (year) to raise ...... (dollars). In the ...... (number	23582
of years) following years, the tax will increase by not more than	23583
...... (per cent or dollar amount of increase) each year, so that,	23584
during ...... (last year of the tax), the tax will raise	23585
approximately ...... (dollars). The county auditor estimates that	23586
the rate of the tax per dollar of valuation will be ......	23587
mill(s), which amounts to $..... per one hundred dollars of	23588
valuation, both during ...... (first year of the tax) and ......	23589
mill(s), which amounts to $...... per one hundred dollars of	23590
valuation, during ...... (last year of the tax). The tax will not	23591
be levied after ...... (year).	23592

23593

		FOR THE TAX LEVY			23594
		AGAINST THE TAX LEVY	"		23595

23596

The form of the ballot in an election on the question of a	23597
renewal levy under section 5705.213 of the Revised Code shall be	23598
as follows:	23599

"Shall the ......... school district be authorized to renew a	23600
tax for current expenses which will raise ......... (dollars),	23601
estimated by the county auditor to be ......... mills for each	23602
dollar of valuation, which amounts to ......... (rate expressed in	23603
dollars and cents) for each one hundred dollars of valuation? The	23604
tax shall be in effect for ......... (the number of years the levy	23605
shall be in effect, or a continuing period of time).	23606

23607

		FOR THE TAX LEVY			23608
		AGAINST THE TAX LEVY	"		23609

23610

If the tax is to be placed on the current tax list, the form	23611
of the ballot shall be modified by adding, after the statement of	23612
the number of years the levy is to be in effect, the phrase ",	23613
commencing in .......... (first year the tax is to be levied),	23614
first due in calendar year .......... (first calendar year in	23615
which the tax shall be due)."	23616

(D) The question covered by a resolution adopted under	23617
section 5705.212 or 5705.213 of the Revised Code shall be	23618
submitted as a separate question, but may be printed on the same	23619
ballot with any other question submitted at the same election,	23620
other than the election of officers. More than one question may be	23621
submitted at the same election.	23622

(E) Taxes voted in excess of the ten-mill limitation under	23623
division (B) or (C) of this section shall be certified to the tax	23624
commissioner. If an additional tax is to be placed upon the tax	23625
list of the current year, as specified in the resolution providing	23626
for its submission, the result of the election shall be certified	23627
immediately after the canvass by the board of elections to the	23628
board of education. The board of education immediately shall make	23629
the necessary levy and certify it to the county auditor, who shall	23630
extend it on the tax list for collection. After the first year,	23631
the levy shall be included in the annual tax budget that is	23632
certified to the county budget commission.	23633

Sec. 5705.261. The question of decrease of an increased rate	23634
of levy approved for a continuing period of time by the voters of	23635
a subdivision may be initiated by the filing of a petition with	23636
the board of elections of the proper county not less than	23637
~~seventy-five~~eighty-five days before the general election in any	23638
year requesting that an election be held on such question. Such	23639
petition shall state the amount of the proposed decrease in the	23640
rate of levy and shall be signed by qualified electors residing in	23641
the subdivision equal in number to at least ten per cent of the	23642
total number of votes cast in the subdivision for the office of	23643
governor at the most recent general election for that office. Only	23644
one such petition may be filed during each five-year period	23645
following the election at which the voters approved the increased	23646
rate for a continuing period of time.	23647

After determination by it that such petition is valid, the	23648
board of elections shall submit the question to the electors of	23649
the district at the succeeding general election. The election	23650
shall be conducted, canvassed, and certified in the same manner as	23651
regular elections in such subdivision for county offices. Notice	23652
of the election shall be published in a newspaper of general	23653
circulation in the district once a week for two consecutive weeks	23654
prior to the election, and, if the board of elections operates and	23655
maintains a web site, the board of elections shall post notice of	23656
the election on its web site for thirty days prior to the	23657
election. The notice shall state the purpose, the amount of the	23658
proposed decrease in rate, and the time and place of the election.	23659
The form of the ballot cast at such election shall be prescribed	23660
by the secretary of state. The question covered by such petition	23661
shall be submitted as a separate proposition but it may be printed	23662
on the same ballot with any other propositions submitted at the	23663
same election other than the election of officers. If a majority	23664
of the qualified electors voting on the question of a decrease at	23665
such election approve the proposed decrease in rate, the result of	23666
the election shall be certified immediately after the canvass by	23667
the board of elections to the subdivision's taxing authority,	23668
which shall thereupon, after the current year, cease to levy such	23669
increased rate or levy such tax at such reduced rate upon the	23670
duplicate of the subdivision. If notes have been issued in	23671
anticipation of the collection of such levy, the taxing authority	23672
shall continue to levy and collect under authority of the election	23673
authorizing the original levy such amounts as will be sufficient	23674
to pay the principal of and interest on such anticipation notes as	23675
the same fall due.	23676

Sec. 5705.27. There is hereby created in each county a	23677
county budget commission consisting of the county auditor, the	23678
county treasurer, and the prosecuting attorney. Upon petition	23679
filed with the board of elections, signed by the number of	23680
electors of the county equal in amount to three per cent of the	23681
total number of votes cast for governor at the most recent	23682
election therefor, there shall be submitted to the electors of the	23683
county at the next general election occurring not sooner than	23684
~~seventy-five~~eighty-five days after the filing of the petition,	23685
the question "Shall the county budget commission consist of two	23686
additional members to be elected from the county?" Provision shall	23687
be made on the ballot for the election from the county at large of	23688
two additional members of the county budget commission who shall	23689
be electors of the county if a majority of the electors voting on	23690
the question shall have voted in the affirmative. In such	23691
counties, where the electors have voted in the affirmative, the	23692
county budget commission shall consist of such two elected members	23693
in addition to the county auditor, the county treasurer and the	23694
prosecuting attorney. Such members, who shall not hold any other	23695
public office, shall serve for a term of four years. The	23696
commission shall meet at the office of the county auditor in each	23697
county on the first Monday in February and on the first Monday in	23698
August, annually, and shall complete its work on or before the	23699
first day of September, annually, unless for good cause the tax	23700
commissioner extends the time for completing the work. A majority	23701
of members shall constitute a quorum, provided that no action of	23702
the commission shall be valid unless agreed to by a majority of	23703
the members of the commission. The auditor shall be the secretary	23704
of the commission and shall keep a full and accurate record of all	23705
proceedings. The auditor shall appoint such messengers and clerks	23706
as the commission deems necessary, and the budget commissioners	23707
shall be allowed their actual and necessary expenses. The elected	23708
members of the commission shall also receive twenty dollars for	23709
each day in attendance at commission meetings and in discharge of	23710
official duties. Any vacancy among such elected members shall be	23711
filled by the presiding judge of the court of common pleas. In	23712
adjusting the rates of taxation and fixing the amount of taxes to	23713
be levied each year, the commissioners shall be governed by the	23714
amount of the taxable property shown on the auditor's tax list for	23715
the current year; provided that if the auditor's tax list has not	23716
been completed, the auditor shall estimate, as nearly as	23717
practicable, the amount of the taxable property for such year, and	23718
such officers shall be governed by such estimate.	23719

In any county in which two members of the commission are	23720
elected, upon petition filed with the board of elections, signed	23721
by the number of electors of the county equal in amount to three	23722
per cent of the votes cast for governor at the most recent	23723
election therefor, there shall be submitted to the electors of the	23724
county at the next general election occurring not sooner than	23725
~~seventy-five~~eighty-five days after the filing of the petition,	23726
the question "Shall the elected members be eliminated from the	23727
county budget commission?" If the majority of the electors voting	23728
thereon shall have voted in the affirmative, the county budget	23729
commission shall consist solely of the county auditor, the county	23730
treasurer, and the prosecuting attorney.	23731

Sec. 5705.71. (A) The electors of a county may initiate the	23732
question of a tax levy for support of senior citizens services or	23733
facilities by the filing of a petition with the board of elections	23734
of that county not less than ~~seventy-five~~eighty-five days before	23735
the date of any primary or general election requesting that an	23736
election be held on such question. The petition shall be signed by	23737
at least ten per cent of the qualified electors residing in the	23738
county and voting for the office of governor at the last general	23739
election.	23740

(B) The petition shall state the purpose for which the senior	23741
citizens tax levy is being proposed, shall specify the amount of	23742
the proposed increase in rate, the period of time during which the	23743
increase is to be in effect, and whether the levy is to be imposed	23744
in the current year. The number of years may be any number not	23745
exceeding five, except that when the additional rate is for the	23746
payment of debt charges the increased rate shall be for the life	23747
of the indebtedness.	23748

(C) After determination by it that such petition is valid,	23749
the board of elections shall submit the question to the electors	23750
of the county at the succeeding primary or general election.	23751

(D) The election shall be conducted, canvassed, and certified	23752
in the same manner as regular elections in such county for county	23753
offices. Notice of the election shall be published in a newspaper	23754
of general circulation in the county once a week for two	23755
consecutive weeks prior to the election, and, if the board of	23756
elections operates and maintains a web site, the board of	23757
elections shall post notice of the election on its web site for	23758
thirty days prior to the election. The notice shall state the	23759
purpose, the amount of the proposed increase in rate, and the time	23760
and place of the election.	23761

(E) The form of the ballot cast at such election shall be	23762
prescribed by the secretary of state. If the tax is to be placed	23763
on the tax list of the current tax year, the form of the ballot	23764
shall include a statement to that effect and shall indicate the	23765
first calendar year the tax will be due. The question covered by	23766
such petition shall be submitted as a separate proposition but it	23767
may be printed on the same ballot with any other propositions	23768
submitted at the same election other than the election of	23769
officers.	23770

(F) If a majority of electors voting on the question vote in	23771
favor of the levy, the board of county commissioners shall levy a	23772
tax, for the period and the purpose stated within the petition. If	23773
the tax is to be placed upon the tax list of the current year, as	23774
specified in the petition, the result of the election shall be	23775
certified immediately after the canvass by the board of elections	23776
to the board of county commissioners, which shall forthwith make	23777
the necessary levy and certify it to the county auditor, who shall	23778
extend it on the tax list for collection. After the first year,	23779
the tax levy shall be included in the annual tax budget that is	23780
certified to the county budget commission.	23781

Sec. 5739.021. (A) For the purpose of providing additional	23782
general revenues for the county or supporting criminal and	23783
administrative justice services in the county, or both, and to pay	23784
the expenses of administering such levy, any county may levy a tax	23785
at the rate of not more than one per cent at any multiple of	23786
one-fourth of one per cent upon every retail sale made in the	23787
county, except sales of watercraft and outboard motors required to	23788
be titled pursuant to Chapter 1548. of the Revised Code and sales	23789
of motor vehicles, and may increase the rate of an existing tax to	23790
not more than one per cent at any multiple of one-fourth of one	23791
per cent.	23792

The tax shall be levied and the rate increased pursuant to a	23793
resolution of the board of county commissioners. The resolution	23794
shall state the purpose for which the tax is to be levied and the	23795
number of years for which the tax is to be levied, or that it is	23796
for a continuing period of time. If the tax is to be levied for	23797
the purpose of providing additional general revenues and for the	23798
purpose of supporting criminal and administrative justice	23799
services, the resolution shall state the rate or amount of the tax	23800
to be apportioned to each such purpose. The rate or amount may be	23801
different for each year the tax is to be levied, but the rates or	23802
amounts actually apportioned each year shall not be different from	23803
that stated in the resolution for that year. If the resolution is	23804
adopted as an emergency measure necessary for the immediate	23805
preservation of the public peace, health, or safety, it must	23806
receive an affirmative vote of all of the members of the board of	23807
county commissioners and shall state the reasons for such	23808
necessity. The board shall deliver a certified copy of the	23809
resolution to the tax commissioner, not later than the	23810
sixty-fifth day prior to the date on which the tax is to become	23811
effective, which shall be the first day of the calendar quarter.	23812

Prior to the adoption of any resolution under this section,	23813
the board of county commissioners shall conduct two public	23814
hearings on the resolution, the second hearing to be not less than	23815
three nor more than ten days after the first. Notice of the date,	23816
time, and place of the hearings shall be given by publication in a	23817
newspaper of general circulation in the county once a week on the	23818
same day of the week for two consecutive weeks, the second	23819
publication being not less than ten nor more than thirty days	23820
prior to the first hearing.	23821

Except as provided in division (B)(3) of this section, the	23822
resolution shall be subject to a referendum as provided in	23823
sections 305.31 to 305.41 of the Revised Code.	23824

If a petition for a referendum is filed, the county auditor	23825
with whom the petition was filed shall, within five days, notify	23826
the board of county commissioners and the tax commissioner of the	23827
filing of the petition by certified mail. If the board of	23828
elections with which the petition was filed declares the petition	23829
invalid, the board of elections, within five days, shall notify	23830
the board of county commissioners and the tax commissioner of that	23831
declaration by certified mail. If the petition is declared to be	23832
invalid, the effective date of the tax or increased rate of tax	23833
levied by this section shall be the first day of a calendar	23834
quarter following the expiration of sixty-five days from the date	23835
the commissioner receives notice from the board of elections that	23836
the petition is invalid.	23837

(B)(1) A resolution that is not adopted as an emergency	23838
measure may direct the board of elections to submit the question	23839
of levying the tax or increasing the rate of tax to the electors	23840
of the county at a special election held on the date specified by	23841
the board of county commissioners in the resolution, provided that	23842
the election occurs not less than ~~seventy-five~~eighty-five days	23843
after a certified copy of such resolution is transmitted to the	23844
board of elections and the election is not held in February or	23845
August of any year. Upon transmission of the resolution to the	23846
board of elections, the board of county commissioners shall notify	23847
the tax commissioner in writing of the levy question to be	23848
submitted to the electors. No resolution adopted under this	23849
division shall go into effect unless approved by a majority of	23850
those voting upon it, and, except as provided in division (B)(3)	23851
of this section, shall become effective on the first day of a	23852
calendar quarter following the expiration of sixty-five days from	23853
the date the tax commissioner receives notice from the board of	23854
elections of the affirmative vote.	23855

(2) A resolution that is adopted as an emergency measure	23856
shall go into effect as provided in division (A) of this section,	23857
but may direct the board of elections to submit the question of	23858
repealing the tax or increase in the rate of the tax to the	23859
electors of the county at the next general election in the county	23860
occurring not less than ~~seventy-five~~eighty-five days after a	23861
certified copy of the resolution is transmitted to the board of	23862
elections. Upon transmission of the resolution to the board of	23863
elections, the board of county commissioners shall notify the tax	23864
commissioner in writing of the levy question to be submitted to	23865
the electors. The ballot question shall be the same as that	23866
prescribed in section 5739.022 of the Revised Code. The board of	23867
elections shall notify the board of county commissioners and the	23868
tax commissioner of the result of the election immediately after	23869
the result has been declared. If a majority of the qualified	23870
electors voting on the question of repealing the tax or increase	23871
in the rate of the tax vote for repeal of the tax or repeal of the	23872
increase, the board of county commissioners, on the first day of a	23873
calendar quarter following the expiration of sixty-five days after	23874
the date the board and tax commissioner receive notice of the	23875
result of the election, shall, in the case of a repeal of the tax,	23876
cease to levy the tax, or, in the case of a repeal of an increase	23877
in the rate of the tax, cease to levy the increased rate and levy	23878
the tax at the rate at which it was imposed immediately prior to	23879
the increase in rate.	23880

(3) If a vendor that is registered with the central	23881
electronic registration system provided for in section 5740.05 of	23882
the Revised Code makes a sale in this state by printed catalog and	23883
the consumer computed the tax on the sale based on local rates	23884
published in the catalog, any tax levied or repealed or rate	23885
changed under this section shall not apply to such a sale until	23886
the first day of a calendar quarter following the expiration of	23887
one hundred twenty days from the date of notice by the tax	23888
commissioner pursuant to division (H) of this section.	23889

(C) If a resolution is rejected at a referendum or if a	23890
resolution adopted after January 1, 1982, as an emergency measure	23891
is repealed by the electors pursuant to division (B)(2) of this	23892
section or section 5739.022 of the Revised Code, then for one year	23893
after the date of the election at which the resolution was	23894
rejected or repealed the board of county commissioners may not	23895
adopt any resolution authorized by this section as an emergency	23896
measure.	23897

(D) The board of county commissioners, at any time while a	23898
tax levied under this section is in effect, may by resolution	23899
reduce the rate at which the tax is levied to a lower rate	23900
authorized by this section. Any reduction in the rate at which the	23901
tax is levied shall be made effective on the first day of a	23902
calendar quarter next following the sixty-fifth day after a	23903
certified copy of the resolution is delivered to the tax	23904
commissioner.	23905

(E) The tax on every retail sale subject to a tax levied	23906
pursuant to this section shall be in addition to the tax levied by	23907
section 5739.02 of the Revised Code and any tax levied pursuant to	23908
section 5739.023 or 5739.026 of the Revised Code.	23909

A county that levies a tax pursuant to this section shall	23910
levy a tax at the same rate pursuant to section 5741.021 of the	23911
Revised Code.	23912

The additional tax levied by the county shall be collected	23913
pursuant to section 5739.025 of the Revised Code. If the	23914
additional tax or some portion thereof is levied for the purpose	23915
of criminal and administrative justice services, the revenue from	23916
the tax, or the amount or rate apportioned to that purpose, shall	23917
be credited to a special fund created in the county treasury for	23918
receipt of that revenue.	23919

Any tax levied pursuant to this section is subject to the	23920
exemptions provided in section 5739.02 of the Revised Code and in	23921
addition shall not be applicable to sales not within the taxing	23922
power of a county under the Constitution of the United States or	23923
the Ohio Constitution.	23924

(F) For purposes of this section, a copy of a resolution is	23925
"certified" when it contains a written statement attesting that	23926
the copy is a true and exact reproduction of the original	23927
resolution.	23928

(G) If a board of commissioners intends to adopt a resolution	23929
to levy a tax in whole or in part for the purpose of criminal and	23930
administrative justice services, the board shall prepare and make	23931
available at the first public hearing at which the resolution is	23932
considered a statement containing the following information:	23933

(1) For each of the two preceding fiscal years, the amount of	23934
expenditures made by the county from the county general fund for	23935
the purpose of criminal and administrative justice services;	23936

(2) For the fiscal year in which the resolution is adopted,	23937
the board's estimate of the amount of expenditures to be made by	23938
the county from the county general fund for the purpose of	23939
criminal and administrative justice services;	23940

(3) For each of the two fiscal years after the fiscal year in	23941
which the resolution is adopted, the board's preliminary plan for	23942
expenditures to be made from the county general fund for the	23943
purpose of criminal and administrative justice services, both	23944
under the assumption that the tax will be imposed for that purpose	23945
and under the assumption that the tax would not be imposed for	23946
that purpose, and for expenditures to be made from the special	23947
fund created under division (E) of this section under the	23948
assumption that the tax will be imposed for that purpose.	23949

The board shall prepare the statement and the preliminary	23950
plan using the best information available to the board at the time	23951
the statement is prepared. Neither the statement nor the	23952
preliminary plan shall be used as a basis to challenge the	23953
validity of the tax in any court of competent jurisdiction, nor	23954
shall the statement or preliminary plan limit the authority of the	23955
board to appropriate, pursuant to section 5705.38 of the Revised	23956
Code, an amount different from that specified in the preliminary	23957
plan.	23958

(H) Upon receipt from a board of county commissioners of a	23959
certified copy of a resolution required by division (A) or (D) of	23960
this section, or from the board of elections of a notice of the	23961
results of an election required by division (A) or (B)(1) or (2)	23962
of this section, the tax commissioner shall provide notice of a	23963
tax rate change in a manner that is reasonably accessible to all	23964
affected vendors. The commissioner shall provide this notice at	23965
least sixty days prior to the effective date of the rate change.	23966
The commissioner, by rule, may establish the method by which	23967
notice will be provided.	23968

(I) As used in this section, "criminal and administrative	23969
justice services" means the exercise by the county sheriff of all	23970
powers and duties vested in that office by law; the exercise by	23971
the county prosecuting attorney of all powers and duties vested in	23972
that office by law; the exercise by any court in the county of all	23973
powers and duties vested in that court; the exercise by the clerk	23974
of the court of common pleas, any clerk of a municipal court	23975
having jurisdiction throughout the county, or the clerk of any	23976
county court of all powers and duties vested in the clerk by law	23977
except, in the case of the clerk of the court of common pleas, the	23978
titling of motor vehicles or watercraft pursuant to Chapter 1548.	23979
or 4505. of the Revised Code; the exercise by the county coroner	23980
of all powers and duties vested in that office by law; making	23981
payments to any other public agency or a private, nonprofit	23982
agency, the purposes of which in the county include the diversion,	23983
adjudication, detention, or rehabilitation of criminals or	23984
juvenile offenders; the operation and maintenance of any detention	23985
facility, as defined in section 2921.01 of the Revised Code; and	23986
the construction, acquisition, equipping, or repair of such a	23987
detention facility, including the payment of any debt charges	23988
incurred in the issuance of securities pursuant to Chapter 133. of	23989
the Revised Code for the purpose of constructing, acquiring,	23990
equipping, or repairing such a facility.	23991

Sec. 5739.022. (A) The question of repeal of either a county	23992
permissive tax or an increase in the rate of a county permissive	23993
tax that was adopted as an emergency measure pursuant to section	23994
5739.021 or 5739.026 of the Revised Code may be initiated by	23995
filing with the board of elections of the county not less than	23996
~~seventy-five~~eighty-five days before the general election in any	23997
year a petition requesting that an election be held on the	23998
question. The question of repealing an increase in the rate of the	23999
county permissive tax shall be submitted to the electors as a	24000
separate question from the repeal of the tax in effect prior to	24001
the increase in the rate. Any petition filed under this section	24002
shall be signed by qualified electors residing in the county equal	24003
in number to ten per cent of those voting for governor at the most	24004
recent gubernatorial election.	24005

After determination by it that the petition is valid, the	24006
board of elections shall submit the question to the electors of	24007
the county at the next general election. The election shall be	24008
conducted, canvassed, and certified in the same manner as regular	24009
elections for county offices in the county. The board of elections	24010
shall notify the tax commissioner, in writing, of the election	24011
upon determining that the petition is valid. Notice of the	24012
election shall also be published in a newspaper of general	24013
circulation in the district once a week for two consecutive weeks	24014
prior to the election, and, if the board of elections operates and	24015
maintains a web site, the board of elections shall post notice of	24016
the election on its web site for thirty days prior to the	24017
election. The notice shall state the purpose, time, and place of	24018
the election. The form of the ballot cast at the election shall be	24019
prescribed by the secretary of state; however, the ballot question	24020
shall read, "shall the tax (or, increase in the rate of the tax)	24021
be retained?	24022

24023

		Yes			24024
		No	"		24025

24026

The question covered by the petition shall be submitted as a	24027
separate proposition, but it may be printed on the same ballot	24028
with any other proposition submitted at the same election other	24029
than the election of officers.	24030

(B) If a majority of the qualified electors voting on the	24031
question of repeal of either a county permissive tax or an	24032
increase in the rate of a county permissive tax approve the	24033
repeal, the board of elections shall notify the board of county	24034
commissioners and the tax commissioner of the result of the	24035
election immediately after the result has been declared. The board	24036
of county commissioners shall, on the first day of the calendar	24037
quarter following the expiration of sixty-five days after the date	24038
the board and the tax commissioner receive the notice, in the case	24039
of a repeal of a county permissive tax, cease to levy the tax, or,	24040
in the case of a repeal of an increase in the rate of a county	24041
permissive tax, levy the tax at the rate at which it was imposed	24042
immediately prior to the increase in rate and cease to levy the	24043
increased rate.	24044

(C) Upon receipt from a board of elections of a notice of the	24045
results of an election required by division (B) of this section,	24046
the tax commissioner shall provide notice of a tax repeal or rate	24047
change in a manner that is reasonably accessible to all affected	24048
vendors. The commissioner shall provide this notice at least sixty	24049
days prior to the effective date of the rate change. The	24050
commissioner, by rule, may establish the method by which notice	24051
will be provided.	24052

(D) If a vendor that is registered with the central	24053
electronic registration system provided for in section 5740.05 of	24054
the Revised Code makes a sale in this state by printed catalog and	24055
the consumer computed the tax on the sale based on local rates	24056
published in the catalog, any tax repealed or rate changed under	24057
this section shall not apply to such a sale until the first day of	24058
a calendar quarter following the expiration of one hundred twenty	24059
days from the date of notice by the tax commissioner pursuant to	24060
division (C) of this section.	24061

Sec. 5739.026. (A) A board of county commissioners may levy	24062
a tax of one-fourth or one-half of one per cent on every retail	24063
sale in the county, except sales of watercraft and outboard motors	24064
required to be titled pursuant to Chapter 1548. of the Revised	24065
Code and sales of motor vehicles, and may increase an existing	24066
rate of one-fourth of one per cent to one-half of one per cent, to	24067
pay the expenses of administering the tax and, except as provided	24068
in division (A)(6) of this section, for any one or more of the	24069
following purposes provided that the aggregate levy for all such	24070
purposes does not exceed one-half of one per cent:	24071

(1) To provide additional revenues for the payment of bonds	24072
or notes issued in anticipation of bonds issued by a convention	24073
facilities authority established by the board of county	24074
commissioners under Chapter 351. of the Revised Code and to	24075
provide additional operating revenues for the convention	24076
facilities authority;	24077

(2) To provide additional revenues for a transit authority	24078
operating in the county;	24079

(3) To provide additional revenue for the county's general	24080
fund;	24081

(4) To provide additional revenue for permanent improvements	24082
within the county to be distributed by the community improvements	24083
board in accordance with section 307.283 and to pay principal,	24084
interest, and premium on bonds issued under section 307.284 of the	24085
Revised Code;	24086

(5) To provide additional revenue for the acquisition,	24087
construction, equipping, or repair of any specific permanent	24088
improvement or any class or group of permanent improvements, which	24089
improvement or class or group of improvements shall be enumerated	24090
in the resolution required by division (D) of this section, and to	24091
pay principal, interest, premium, and other costs associated with	24092
the issuance of bonds or notes in anticipation of bonds issued	24093
pursuant to Chapter 133. of the Revised Code for the acquisition,	24094
construction, equipping, or repair of the specific permanent	24095
improvement or class or group of permanent improvements;	24096

(6) To provide revenue for the implementation and operation	24097
of a 9-1-1 system in the county. If the tax is levied or the rate	24098
increased exclusively for such purpose, the tax shall not be	24099
levied or the rate increased for more than five years. At the end	24100
of the last year the tax is levied or the rate increased, any	24101
balance remaining in the special fund established for such purpose	24102
shall remain in that fund and be used exclusively for such purpose	24103
until the fund is completely expended, and, notwithstanding	24104
section 5705.16 of the Revised Code, the board of county	24105
commissioners shall not petition for the transfer of money from	24106
such special fund, and the tax commissioner shall not approve such	24107
a petition.	24108

If the tax is levied or the rate increased for such purpose	24109
for more than five years, the board of county commissioners also	24110
shall levy the tax or increase the rate of the tax for one or more	24111
of the purposes described in divisions (A)(1) to (5) of this	24112
section and shall prescribe the method for allocating the revenues	24113
from the tax each year in the manner required by division (C) of	24114
this section.	24115

(7) To provide additional revenue for the operation or	24116
maintenance of a detention facility, as that term is defined under	24117
division (F) of section 2921.01 of the Revised Code;	24118

(8) To provide revenue to finance the construction or	24119
renovation of a sports facility, but only if the tax is levied for	24120
that purpose in the manner prescribed by section 5739.028 of the	24121
Revised Code.	24122

As used in division (A)(8) of this section:

24123

(a) "Sports facility" means a facility intended to house	24124
major league professional athletic teams.	24125

(b) "Constructing" or "construction" includes providing	24126
fixtures, furnishings, and equipment.	24127

(9) To provide additional revenue for the acquisition of	24128
agricultural easements, as defined in section 5301.67 of the	24129
Revised Code; to pay principal, interest, and premium on bonds	24130
issued under section 133.60 of the Revised Code; and for the	24131
supervision and enforcement of agricultural easements held by the	24132
county;	24133

(10) To provide revenue for the provision of ambulance,	24134
paramedic, or other emergency medical services.	24135

Pursuant to section 755.171 of the Revised Code, a board of	24136
county commissioners may pledge and contribute revenue from a tax	24137
levied for the purpose of division (A)(5) of this section to the	24138
payment of debt charges on bonds issued under section 755.17 of	24139
the Revised Code.	24140

The rate of tax shall be a multiple of one-fourth of one per	24141
cent, unless a portion of the rate of an existing tax levied under	24142
section 5739.023 of the Revised Code has been reduced, and the	24143
rate of tax levied under this section has been increased, pursuant	24144
to section 5739.028 of the Revised Code, in which case the	24145
aggregate of the rates of tax levied under this section and	24146
section 5739.023 of the Revised Code shall be a multiple of	24147
one-fourth of one per cent. The tax shall be levied and the rate	24148
increased pursuant to a resolution adopted by a majority of the	24149
members of the board. The board shall deliver a certified copy of	24150
the resolution to the tax commissioner, not later than the	24151
sixty-fifth day prior to the date on which the tax is to become	24152
effective, which shall be the first day of a calendar quarter.	24153

Prior to the adoption of any resolution to levy the tax or to	24154
increase the rate of tax exclusively for the purpose set forth in	24155
division (A)(3) of this section, the board of county commissioners	24156
shall conduct two public hearings on the resolution, the second	24157
hearing to be no fewer than three nor more than ten days after the	24158
first. Notice of the date, time, and place of the hearings shall	24159
be given by publication in a newspaper of general circulation in	24160
the county once a week on the same day of the week for two	24161
consecutive weeks, the second publication being no fewer than ten	24162
nor more than thirty days prior to the first hearing. Except as	24163
provided in division (E) of this section, the resolution shall be	24164
subject to a referendum as provided in sections 305.31 to 305.41	24165
of the Revised Code. If the resolution is adopted as an emergency	24166
measure necessary for the immediate preservation of the public	24167
peace, health, or safety, it must receive an affirmative vote of	24168
all of the members of the board of county commissioners and shall	24169
state the reasons for the necessity.	24170

If the tax is for more than one of the purposes set forth in	24171
divisions (A)(1) to (7), (9), and (10) of this section, or is	24172
exclusively for one of the purposes set forth in division (A)(1),	24173
(2), (4), (5), (6), (7), (9), or (10) of this section, the	24174
resolution shall not go into effect unless it is approved by a	24175
majority of the electors voting on the question of the tax.	24176

(B) The board of county commissioners shall adopt a	24177
resolution under section 351.02 of the Revised Code creating the	24178
convention facilities authority, or under section 307.283 of the	24179
Revised Code creating the community improvements board, before	24180
adopting a resolution levying a tax for the purpose of a	24181
convention facilities authority under division (A)(1) of this	24182
section or for the purpose of a community improvements board under	24183
division (A)(4) of this section.	24184

(C)(1) If the tax is to be used for more than one of the	24185
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	24186
this section, the board of county commissioners shall establish	24187
the method that will be used to determine the amount or proportion	24188
of the tax revenue received by the county during each year that	24189
will be distributed for each of those purposes, including, if	24190
applicable, provisions governing the reallocation of a convention	24191
facilities authority's allocation if the authority is dissolved	24192
while the tax is in effect. The allocation method may provide that	24193
different proportions or amounts of the tax shall be distributed	24194
among the purposes in different years, but it shall clearly	24195
describe the method that will be used for each year. Except as	24196
otherwise provided in division (C)(2) of this section, the	24197
allocation method established by the board is not subject to	24198
amendment during the life of the tax.	24199

(2) Subsequent to holding a public hearing on the proposed	24200
amendment, the board of county commissioners may amend the	24201
allocation method established under division (C)(1) of this	24202
section for any year, if the amendment is approved by the	24203
governing board of each entity whose allocation for the year would	24204
be reduced by the proposed amendment. In the case of a tax that is	24205
levied for a continuing period of time, the board may not so amend	24206
the allocation method for any year before the sixth year that the	24207
tax is in effect.	24208

(a) If the additional revenues provided to the convention	24209
facilities authority are pledged by the authority for the payment	24210
of convention facilities authority revenue bonds for as long as	24211
such bonds are outstanding, no reduction of the authority's	24212
allocation of the tax shall be made for any year except to the	24213
extent that the reduced authority allocation, when combined with	24214
the authority's other revenues pledged for that purpose, is	24215
sufficient to meet the debt service requirements for that year on	24216
such bonds.	24217

(b) If the additional revenues provided to the county are	24218
pledged by the county for the payment of bonds or notes described	24219
in division (A)(4) or (5) of this section, for as long as such	24220
bonds or notes are outstanding, no reduction of the county's or	24221
the community improvements board's allocation of the tax shall be	24222
made for any year, except to the extent that the reduced county or	24223
community improvements board allocation is sufficient to meet the	24224
debt service requirements for that year on such bonds or notes.	24225

(c) If the additional revenues provided to the transit	24226
authority are pledged by the authority for the payment of revenue	24227
bonds issued under section 306.37 of the Revised Code, for as long	24228
as such bonds are outstanding, no reduction of the authority's	24229
allocation of tax shall be made for any year, except to the extent	24230
that the authority's reduced allocation, when combined with the	24231
authority's other revenues pledged for that purpose, is sufficient	24232
to meet the debt service requirements for that year on such bonds.	24233

(d) If the additional revenues provided to the county are	24234
pledged by the county for the payment of bonds or notes issued	24235
under section 133.60 of the Revised Code, for so long as the bonds	24236
or notes are outstanding, no reduction of the county's allocation	24237
of the tax shall be made for any year, except to the extent that	24238
the reduced county allocation is sufficient to meet the debt	24239
service requirements for that year on the bonds or notes.	24240

(D)(1) The resolution levying the tax or increasing the rate	24241
of tax shall state the rate of the tax or the rate of the	24242
increase; the purpose or purposes for which it is to be levied;	24243
the number of years for which it is to be levied or that it is for	24244
a continuing period of time; the allocation method required by	24245
division (C) of this section; and if required to be submitted to	24246
the electors of the county under division (A) of this section, the	24247
date of the election at which the proposal shall be submitted to	24248
the electors of the county, which shall be not less than	24249
~~seventy-five~~eighty-five days after the certification of a copy of	24250
the resolution to the board of elections and, if the tax is to be	24251
levied exclusively for the purpose set forth in division (A)(3) of	24252
this section, shall not occur in February or August of any year.	24253
Upon certification of the resolution to the board of elections,	24254
the board of county commissioners shall notify the tax	24255
commissioner in writing of the levy question to be submitted to	24256
the electors. If approved by a majority of the electors, the tax	24257
shall become effective on the first day of a calendar quarter next	24258
following the sixty-fifth day following the date the board of	24259
county commissioners and tax commissioner receive from the board	24260
of elections the certification of the results of the election,	24261
except as provided in division (E) of this section.	24262

(2)(a) A resolution specifying that the tax is to be used	24263
exclusively for the purpose set forth in division (A)(3) of this	24264
section that is not adopted as an emergency measure may direct the	24265
board of elections to submit the question of levying the tax or	24266
increasing the rate of the tax to the electors of the county at a	24267
special election held on the date specified by the board of county	24268
commissioners in the resolution, provided that the election occurs	24269
not less than ~~seventy-five~~eighty-five days after the resolution	24270
is certified to the board of elections and the election is not	24271
held in February or August of any year. Upon certification of the	24272
resolution to the board of elections, the board of county	24273
commissioners shall notify the tax commissioner in writing of the	24274
levy question to be submitted to the electors. No resolution	24275
adopted under division (D)(2)(a) of this section shall go into	24276
effect unless approved by a majority of those voting upon it and,	24277
except as provided in division (E) of this section, not until the	24278
first day of a calendar quarter following the expiration of	24279
sixty-five days from the date the tax commissioner receives	24280
notice from the board of elections of the affirmative vote.	24281

(b) A resolution specifying that the tax is to be used	24282
exclusively for the purpose set forth in division (A)(3) of this	24283
section that is adopted as an emergency measure shall become	24284
effective as provided in division (A) of this section, but may	24285
direct the board of elections to submit the question of repealing	24286
the tax or increase in the rate of the tax to the electors of the	24287
county at the next general election in the county occurring not	24288
less than ~~seventy-five~~eighty-five days after the resolution is	24289
certified to the board of elections. Upon certification of the	24290
resolution to the board of elections, the board of county	24291
commissioners shall notify the tax commissioner in writing of the	24292
levy question to be submitted to the electors. The ballot question	24293
shall be the same as that prescribed in section 5739.022 of the	24294
Revised Code. The board of elections shall notify the board of	24295
county commissioners and the tax commissioner of the result of the	24296
election immediately after the result has been declared. If a	24297
majority of the qualified electors voting on the question of	24298
repealing the tax or increase in the rate of the tax vote for	24299
repeal of the tax or repeal of the increase, the board of county	24300
commissioners, on the first day of a calendar quarter following	24301
the expiration of sixty-five days after the date the board and tax	24302
commissioner received notice of the result of the election, shall,	24303
in the case of a repeal of the tax, cease to levy the tax, or, in	24304
the case of a repeal of an increase in the rate of the tax, cease	24305
to levy the increased rate and levy the tax at the rate at which	24306
it was imposed immediately prior to the increase in rate.	24307

(c) A board of county commissioners, by resolution, may	24308
reduce the rate of a tax levied exclusively for the purpose set	24309
forth in division (A)(3) of this section to a lower rate	24310
authorized by this section. Any such reduction shall be made	24311
effective on the first day of the calendar quarter next following	24312
the sixty-fifth day after the tax commissioner receives a	24313
certified copy of the resolution from the board.	24314

(E) If a vendor that is registered with the central	24315
electronic registration system provided for in section 5740.05 of	24316
the Revised Code makes a sale in this state by printed catalog and	24317
the consumer computed the tax on the sale based on local rates	24318
published in the catalog, any tax levied or repealed or rate	24319
changed under this section shall not apply to such a sale until	24320
the first day of a calendar quarter following the expiration of	24321
one hundred twenty days from the date of notice by the tax	24322
commissioner pursuant to division (G) of this section.	24323

(F) The tax levied pursuant to this section shall be in	24324
addition to the tax levied by section 5739.02 of the Revised Code	24325
and any tax levied pursuant to section 5739.021 or 5739.023 of the	24326
Revised Code.	24327

A county that levies a tax pursuant to this section shall	24328
levy a tax at the same rate pursuant to section 5741.023 of the	24329
Revised Code.	24330

The additional tax levied by the county shall be collected	24331
pursuant to section 5739.025 of the Revised Code.	24332

Any tax levied pursuant to this section is subject to the	24333
exemptions provided in section 5739.02 of the Revised Code and in	24334
addition shall not be applicable to sales not within the taxing	24335
power of a county under the Constitution of the United States or	24336
the Ohio Constitution.	24337

(G) Upon receipt from a board of county commissioners of a	24338
certified copy of a resolution required by division (A) of this	24339
section, or from the board of elections a notice of the results of	24340
an election required by division (D)(1), (2)(a), (b), or (c) of	24341
this section, the tax commissioner shall provide notice of a tax	24342
rate change in a manner that is reasonably accessible to all	24343
affected vendors. The commissioner shall provide this notice at	24344
least sixty days prior to the effective date of the rate change.	24345
The commissioner, by rule, may establish the method by which	24346
notice will be provided.	24347

Sec. 5743.021. (A) As used in this section, "qualifying	24348
regional arts and cultural district" means a regional arts and	24349
cultural district created under section 3381.04 of the Revised	24350
Code in a county having a population of one million two hundred	24351
thousand or more according to the 2000 federal decennial census.	24352

(B) For one or more of the purposes for which a tax may be	24353
levied under section 3381.16 of the Revised Code and for the	24354
purposes of paying the expenses of administering the tax and the	24355
expenses charged by a board of elections to hold an election on a	24356
question submitted under this section, the board of county	24357
commissioners of a county that has within its territorial	24358
boundaries a qualifying regional arts and cultural district may	24359
levy a tax on the sale of cigarettes sold for resale at retail in	24360
the county composing the district. The rate of the tax, when added	24361
to the rate of any other tax concurrently levied by the board	24362
under this section, shall not exceed fifteen mills per cigarette,	24363
and shall be computed on each cigarette sold. Only one sale of the	24364
same article shall be used in computing the amount of tax due. The	24365
tax may be levied for any number of years not exceeding ten years.	24366

The tax shall be levied pursuant to a resolution of the board	24367
of county commissioners approved by a majority of the electors in	24368
the county voting on the question of levying the tax. The	24369
resolution shall specify the rate of the tax, the number of years	24370
the tax will be levied, and the purposes for which the tax is	24371
levied. The election may be held on the date of a general,	24372
primary, or special election held not sooner than ~~seventy-five~~	24373
eighty-five days after the date the board certifies its resolution	24374
to the board of elections. If approved by the electors, the tax	24375
shall take effect on the first day of the month specified in the	24376
resolution but not sooner than the first day of the month that is	24377
at least sixty days after the certification of the election	24378
results by the board of elections. A copy of the resolution	24379
levying the tax shall be certified to the tax commissioner at	24380
least sixty days prior to the date on which the tax is to become	24381
effective.	24382

(C) The form of the ballot in an election held under this	24383
section shall be as follows, or in any other form acceptable to	24384
the secretary of state:	24385

"For the purpose of .......... (insert the purpose or	24386
purposes of the tax), shall an excise tax be levied throughout	24387
.......... County for the benefit of the ........... (name of the	24388
qualifying regional arts and cultural district) on the sale of	24389
cigarettes at wholesale at the rate of .... mills per cigarette	24390
for ..... years?	24391

24392

		For the tax			24393
		Against the tax	"		24394

(D) The treasurer of state shall credit all moneys arising	24395
from taxes levied on behalf of each district under this section	24396
and section 5743.321 of the Revised Code as follows:	24397

(1) To the tax refund fund created by section 5703.052 of the	24398
Revised Code, amounts equal to the refunds from each tax levied	24399
under this section certified by the tax commissioner pursuant to	24400
section 5743.05 of the Revised Code;	24401

(2) Following the crediting of amounts pursuant to division	24402
(D)(1) of this section:	24403

(a) To the permissive tax distribution fund created under	24404
section 4301.423 of the Revised Code, an amount equal to	24405
ninety-eight per cent of the remainder collected;	24406

(b) To the local excise tax administrative fund, which is	24407
hereby created in the state treasury, an amount equal to two per	24408
cent of such remainder, for use by the tax commissioner in	24409
defraying costs incurred in administering the tax.	24410

On or before the second working day of each month, the	24411
treasurer of state shall certify to the tax commissioner the	24412
amount of taxes levied on behalf of each district under sections	24413
5743.021 and 5743.321 of the Revised Code and paid to the	24414
treasurer of state during the preceding month.	24415

On or before the tenth day of each month, the tax	24416
commissioner shall distribute the amount credited to the	24417
permissive tax distribution fund during the preceding month by	24418
providing for payment of the appropriate amount to the county	24419
treasurer of the county in which the tax is levied.	24420

Sec. 5743.024. (A) For the purposes of section 307.696 of	24421
the Revised Code, to pay the expenses of administering the tax,	24422
and to pay any or all of the charge the board of elections makes	24423
against the county to hold the election on the question of levying	24424
the tax, or for such purposes and to provide revenues to the	24425
county for permanent improvements, the board of county	24426
commissioners may levy a tax on sales of cigarettes sold for	24427
resale at retail in the county. The tax shall not exceed two and	24428
twenty-five hundredths of a mill per cigarette, and shall be	24429
computed on each cigarette sold. The tax may be levied for any	24430
number of years not exceeding twenty. Only one sale of the same	24431
article shall be used in computing the amount of tax due.	24432

The tax shall be levied pursuant to a resolution of the	24433
county commissioners approved by a majority of the electors in the	24434
county voting on the question of levying the tax. The resolution	24435
shall specify the rate of the tax, the number of years the tax	24436
will be levied, and the purposes for which the tax is levied. Such	24437
election may be held on the date of a general or special election	24438
held not sooner than ~~seventy-five~~eighty-five days after the date	24439
the board certifies its resolution to the board of elections. If	24440
approved by the electors, the tax shall take effect on the first	24441
day of the month specified in the resolution but not sooner than	24442
the first day of the month that is at least sixty days after the	24443
certification of the election results by the board of elections. A	24444
copy of the resolution levying the tax shall be certified to the	24445
tax commissioner at least sixty days prior to the date on which	24446
the tax is to become effective.	24447

A resolution under this section may be joined on the ballot	24448
as a single question with a resolution adopted under section	24449
307.697 or 4301.421 of the Revised Code to levy a tax for the same	24450
purposes and for the purpose of paying the expenses of	24451
administering the tax. The form of the ballot in an election held	24452
pursuant to this section shall be as prescribed in section 307.697	24453
of the Revised Code.	24454

(B) The treasurer of state shall credit all moneys arising	24455
from each county's taxes levied under this section and section	24456
5743.323 of the Revised Code as follows:	24457

(1) To the tax refund fund created by section 5703.052 of the	24458
Revised Code, amounts equal to the refunds from each tax levied	24459
under this section certified by the tax commissioner pursuant to	24460
section 5743.05 of the Revised Code;	24461

(2) Following the crediting of amounts pursuant to division	24462
(B)(1) of this section:	24463

(a) To the permissive tax distribution fund created by	24464
division (B)(1) of section 4301.423 of the Revised Code, an amount	24465
equal to ninety-eight per cent of the remainder collected;	24466

(b) To the local excise tax administrative fund, which is	24467
hereby created in the state treasury, an amount equal to two per	24468
cent of such remainder, for use by the tax commissioner in	24469
defraying costs incurred in administering the tax.	24470

On or before the second working day of each month, the	24471
treasurer of state shall certify to the tax commissioner the	24472
amount of each county's taxes levied under sections 5743.024 and	24473
5743.323 of the Revised Code and paid to the treasurer of state	24474
during the preceding month.	24475

On or before the tenth day of each month, the tax	24476
commissioner shall distribute the amount credited to the	24477
permissive tax distribution fund during the preceding month by	24478
providing for payment of the appropriate amount to the county	24479
treasurer of each county levying the tax.	24480

(C) The board of county commissioners of a county in which a	24481
tax is imposed under this section on July 19, 1995, may levy a tax	24482
for the purpose of section 307.673 of the Revised Code regardless	24483
of whether or not the cooperative agreement authorized under that	24484
section has been entered into prior to the day the resolution	24485
adopted under division (C)(1) or (2) of this section is adopted,	24486
and for the purpose of reimbursing a county for costs incurred in	24487
the construction of a sports facility pursuant to an agreement	24488
entered into by the county under section 307.696 of the Revised	24489
Code. The tax shall be levied and approved in one of the manners	24490
prescribed by division (C)(1) or (2) of this section.	24491

(1) The tax may be levied pursuant to a resolution adopted by	24492
a majority of the members of the board of county commissioners not	24493
later than forty-five days after July 19, 1995. A board of county	24494
commissioners approving a tax under division (C)(1) of this	24495
section may approve a tax under division (D)(1) of section	24496
307.697 or division (B)(1) of section 4301.421 of the Revised	24497
Code at the same time. Subject to the resolution being submitted	24498
to a referendum under sections 305.31 to 305.41 of the Revised	24499
Code, the resolution shall take effect immediately, but the tax	24500
levied pursuant to the resolution shall not be levied prior to	24501
the day following the last day taxes levied pursuant to division	24502
(A) of this section may be levied.	24503

(2) The tax may be levied pursuant to a resolution adopted by	24504
a majority of the members of the board of county commissioners not	24505
later than forty-five days after July 19, 1995, and approved by a	24506
majority of the electors of the county voting on the question of	24507
levying the tax at the next succeeding general election following	24508
July 19, 1995. The board of county commissioners shall certify a	24509
copy of the resolution to the board of elections immediately upon	24510
adopting a resolution under division (C)(2) of this section, and	24511
the board of elections shall place the question of levying the	24512
tax on the ballot at that election. The form of the ballot shall	24513
be as prescribed by division (C) of section 307.697 of the	24514
Revised Code, except that the phrase "paying not more than	24515
one-half of the costs of providing a sports facility together	24516
with related redevelopment and economic development projects"	24517
shall be replaced by the phrase "paying the costs of constructing	24518
or renovating a sports facility and reimbursing a county for	24519
costs incurred by the county in the construction of a sports	24520
facility," and the phrase ", beginning .......... (here insert	24521
the earliest date the tax would take effect)" shall be appended	24522
after "years." A board of county commissioners submitting the	24523
question of a tax under division (C)(2) of this section may submit	24524
the question of a tax under division (D)(2) of section 307.697 or	24525
division (B)(2) of section 4301.421 of the Revised Code as a	24526
single question, and the form of the ballot shall include each of	24527
the proposed taxes.	24528

If approved by a majority of electors voting on the question,	24529
the tax shall take effect on the day specified on the ballot,	24530
which shall not be earlier than the day following the last day the	24531
tax levied pursuant to division (A) of this section may be levied.	24532

The rate of a tax levied pursuant to division (C)(1) or (2)	24533
of this section shall not exceed the rate specified in division	24534
(A) of this section. A tax levied pursuant to division (C)(1) or	24535
(2) of this section may be levied for any number of years not	24536
exceeding twenty.	24537

A board of county commissioners adopting a resolution under	24538
this division shall certify a copy of the resolution to the tax	24539
commissioner immediately upon adoption of the resolution.	24540

(E) No tax shall be levied under this section on or after ~~the~~	24541
~~effective date of the amendment of this section by H.B. 562 of~~	24542
~~the 127th general assembly~~September 23, 2008. This division	24543
does not prevent the collection of any tax levied under this	24544
section before that date so long as that tax remains effective.	24545

Sec. 5743.026. For the purposes of section 351.26 of the	24546
Revised Code, to pay the expenses of administering the tax, and to	24547
pay any or all of the charge the board of elections makes against	24548
the county to hold the election on the question of levying the	24549
tax, the board of county commissioners, in the manner prescribed	24550
by division (A) of section 351.26 of the Revised Code, may levy a	24551
tax on sales of cigarettes sold for resale at retail in the	24552
county. The rate of the tax shall not exceed two and twenty-five	24553
hundredths mills per cigarette, and shall be computed on each	24554
cigarette sold. The tax may be levied for any number of years not	24555
to exceed twenty. Only one sale of the same article shall be used	24556
in computing the amount of tax due.	24557

The tax shall be levied pursuant to a resolution of the board	24558
of county commissioners adopted as prescribed by division (A) of	24559
section 351.26 of the Revised Code and approved by a majority of	24560
the electors in the county voting on the question of levying the	24561
tax. The resolution shall specify the rate of the tax, the number	24562
of years the tax will be levied, and the purposes for which the	24563
tax is levied. Such election may be held on the date of a general	24564
or special election held not sooner than ~~seventy-five~~eighty-five	24565
days after the date the board certifies its resolution to the	24566
board of elections. If approved by voters, the tax shall take	24567
effect on the first day of the month specified in the resolution	24568
but not sooner than the first day of the month that is at least	24569
sixty days after the certification of the election results by the	24570
board of elections. A copy of the resolution levying the tax shall	24571
be certified to the tax commissioner at least sixty days prior to	24572
the date on which the tax is to become effective.	24573

A resolution under this section may be joined on the ballot	24574
as a single question with a resolution adopted under section	24575
4301.424 of the Revised Code to levy a tax for the same purposes	24576
and for the purpose of paying the expenses of administering the	24577
tax. The form of the ballot in an election held pursuant to this	24578
section shall be as prescribed in section 351.26 of the Revised	24579
Code.	24580

The treasurer of state shall credit all moneys arising from	24581
each tax levied under this section and section 5743.324 of the	24582
Revised Code in the same manner prescribed by section 5743.024 of	24583
the Revised Code for the crediting of money arising from taxes	24584
levied under that section, except that the tax commissioner shall	24585
distribute the amount credited to the permissive tax distribution	24586
fund by providing for payment of the appropriate amount to the	24587
county treasurer of the county in which the tax is levied, who	24588
shall credit the payment to the fund or account designated by the	24589
board of directors of the convention facilities authority levying	24590
the tax.	24591

Sec. 5748.02. (A) The board of education of any school	24592
district, except a joint vocational school district, may declare,	24593
by resolution, the necessity of raising annually a specified	24594
amount of money for school district purposes. The resolution shall	24595
specify whether the income that is to be subject to the tax is	24596
taxable income of individuals and estates as defined in divisions	24597
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	24598
taxable income of individuals as defined in division (E)(1)(b) of	24599
that section. A copy of the resolution shall be certified to the	24600
tax commissioner no later than ~~eighty-five~~ninety-five days prior	24601
to the date of the election at which the board intends to propose	24602
a levy under this section. Upon receipt of the copy of the	24603
resolution, the tax commissioner shall estimate both of the	24604
following:	24605

(1) The property tax rate that would have to be imposed in	24606
the current year by the district to produce an equivalent amount	24607
of money;	24608

(2) The income tax rate that would have had to have been in	24609
effect for the current year to produce an equivalent amount of	24610
money from a school district income tax.	24611

Within ten days of receiving the copy of the board's	24612
resolution, the commissioner shall prepare these estimates and	24613
certify them to the board. Upon receipt of the certification, the	24614
board may adopt a resolution proposing an income tax under	24615
division (B) of this section at the estimated rate contained in	24616
the certification rounded to the nearest one-fourth of one per	24617
cent. The commissioner's certification applies only to the board's	24618
proposal to levy an income tax at the election for which the board	24619
requested the certification. If the board intends to submit a	24620
proposal to levy an income tax at any other election, it shall	24621
request another certification for that election in the manner	24622
prescribed in this division.	24623

(B)(1) Upon the receipt of a certification from the tax	24624
commissioner under division (A) of this section, a majority of the	24625
members of a board of education may adopt a resolution proposing	24626
the levy of an annual tax for school district purposes on school	24627
district income. The proposed levy may be for a continuing period	24628
of time or for a specified number of years. The resolution shall	24629
set forth the purpose for which the tax is to be imposed, the rate	24630
of the tax, which shall be the rate set forth in the	24631
commissioner's certification rounded to the nearest one-fourth of	24632
one per cent, the number of years the tax will be levied or that	24633
it will be levied for a continuing period of time, the date on	24634
which the tax shall take effect, which shall be the first day of	24635
January of any year following the year in which the question is	24636
submitted, and the date of the election at which the proposal	24637
shall be submitted to the electors of the district, which shall be	24638
on the date of a primary, general, or special election the date of	24639
which is consistent with section 3501.01 of the Revised Code. The	24640
resolution shall specify whether the income that is to be subject	24641
to the tax is taxable income of individuals and estates as defined	24642
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	24643
Code or taxable income of individuals as defined in division	24644
(E)(1)(b) of that section. The specification shall be the same as	24645
the specification in the resolution adopted and certified under	24646
division (A) of this section.	24647

If the tax is to be levied for current expenses and permanent	24648
improvements, the resolution shall apportion the annual rate of	24649
the tax. The apportionment may be the same or different for each	24650
year the tax is levied, but the respective portions of the rate	24651
actually levied each year for current expenses and for permanent	24652
improvements shall be limited by the apportionment.	24653

If the board of education currently imposes an income tax	24654
pursuant to this chapter that is due to expire and a question is	24655
submitted under this section for a proposed income tax to take	24656
effect upon the expiration of the existing tax, the board may	24657
specify in the resolution that the proposed tax renews the	24658
expiring tax. Two or more expiring income taxes may be renewed	24659
under this paragraph if the taxes are due to expire on the same	24660
date. If the tax rate being proposed is no higher than the total	24661
tax rate imposed by the expiring tax or taxes, the resolution may	24662
state that the proposed tax is not an additional income tax.	24663

(2) A board of education adopting a resolution under division	24664
(B)(1) of this section proposing a school district income tax for	24665
a continuing period of time and limited to the purpose of current	24666
expenses may propose in that resolution to reduce the rate or	24667
rates of one or more of the school district's property taxes	24668
levied for a continuing period of time in excess of the ten-mill	24669
limitation for the purpose of current expenses. The reduction in	24670
the rate of a property tax may be any amount, expressed in mills	24671
per one dollar in valuation, not exceeding the rate at which the	24672
tax is authorized to be levied. The reduction in the rate of a tax	24673
shall first take effect for the tax year that includes the day on	24674
which the school district income tax first takes effect, and shall	24675
continue for each tax year that both the school district income	24676
tax and the property tax levy are in effect.	24677

In addition to the matters required to be set forth in the	24678
resolution under division (B)(1) of this section, a resolution	24679
containing a proposal to reduce the rate of one or more property	24680
taxes shall state for each such tax the maximum rate at which it	24681
currently may be levied and the maximum rate at which the tax	24682
could be levied after the proposed reduction, expressed in mills	24683
per one dollar in valuation, and that the tax is levied for a	24684
continuing period of time.	24685

If a board of education proposes to reduce the rate of one or	24686
more property taxes under division (B)(2) of this section, the	24687
board, when it makes the certification required under division (A)	24688
of this section, shall designate the specific levy or levies to be	24689
reduced, the maximum rate at which each levy currently is	24690
authorized to be levied, and the rate by which each levy is	24691
proposed to be reduced. The tax commissioner, when making the	24692
certification to the board under division (A) of this section,	24693
also shall certify the reduction in the total effective tax rate	24694
for current expenses for each class of property that would have	24695
resulted if the proposed reduction in the rate or rates had been	24696
in effect the previous tax year. As used in this paragraph,	24697
"effective tax rate" has the same meaning as in section 323.08 of	24698
the Revised Code.	24699

(C) A resolution adopted under division (B) of this section	24700
shall go into immediate effect upon its passage, and no	24701
publication of the resolution shall be necessary other than that	24702
provided for in the notice of election. Immediately after its	24703
adoption and at least ~~seventy-five~~eighty-five days prior to the	24704
election at which the question will appear on the ballot, a copy	24705
of the resolution shall be certified to the board of elections of	24706
the proper county, which shall submit the proposal to the electors	24707
on the date specified in the resolution. The form of the ballot	24708
shall be as provided in section 5748.03 of the Revised Code.	24709
Publication of notice of the election shall be made in one or	24710
more newspapers of general circulation in the county once a week	24711
for two consecutive weeks prior to the election, and, if the	24712
board of elections operates and maintains a web site, the board	24713
of elections shall post notice of the election on its web site	24714
for thirty days prior to the election. The notice shall contain	24715
the time and place of the election and the question to be	24716
submitted to the electors. The question covered by the resolution	24717
shall be submitted as a separate proposition, but may be printed	24718
on the same ballot with any other proposition submitted at the	24719
same election, other than the election of officers.	24720

(D) No board of education shall submit the question of a tax	24721
on school district income to the electors of the district more	24722
than twice in any calendar year. If a board submits the question	24723
twice in any calendar year, one of the elections on the question	24724
shall be held on the date of the general election.	24725

(E)(1) No board of education may submit to the electors of	24726
the district the question of a tax on school district income on	24727
the taxable income of individuals as defined in division (E)(1)(b)	24728
of section 5748.01 of the Revised Code if that tax would be in	24729
addition to an existing tax on the taxable income of individuals	24730
and estates as defined in divisions (E)(1)(a) and (2) of that	24731
section.	24732

(2) No board of education may submit to the electors of the	24733
district the question of a tax on school district income on the	24734
taxable income of individuals and estates as defined in divisions	24735
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	24736
tax would be in addition to an existing tax on the taxable income	24737
of individuals as defined in division (E)(1)(b) of that section.	24738

Sec. 5748.04. (A) The question of the repeal of a school	24739
district income tax levied for more than five years may be	24740
initiated not more than once in any five-year period by filing	24741
with the board of elections of the appropriate counties not later	24742
than ~~seventy-five~~eighty-five days before the general election in	24743
any year after the year in which it is approved by the electors a	24744
petition requesting that an election be held on the question. The	24745
petition shall be signed by qualified electors residing in the	24746
school district levying the income tax equal in number to ten per	24747
cent of those voting for governor at the most recent gubernatorial	24748
election.	24749

The board of elections shall determine whether the petition	24750
is valid, and if it so determines, it shall submit the question to	24751
the electors of the district at the next general election. The	24752
election shall be conducted, canvassed, and certified in the same	24753
manner as regular elections for county offices in the county.	24754
Notice of the election shall be published in a newspaper of	24755
general circulation in the district once a week for two	24756
consecutive weeks prior to the election, and, if the board of	24757
elections operates and maintains a web site, the board of	24758
elections shall post notice of the election on its web site for	24759
thirty days prior to the election. The notice shall state the	24760
purpose, time, and place of the election. The form of the ballot	24761
cast at the election shall be as follows:	24762

"Shall the annual income tax of ..... per cent, currently	24763
levied on the school district income of individuals and estates by	24764
.......... (state the name of the school district) for the purpose	24765
of .......... (state purpose of the tax), be repealed?	24766

24767

		For repeal of the income tax			24768
		Against repeal of the income tax	"		24769

24770

(B)(1) If the tax is imposed on taxable income as defined in	24771
division (E)(1)(b) of section 5748.01 of the Revised Code, the	24772
form of the ballot shall be modified by stating that the tax	24773
currently is levied on the "earned income of individuals residing	24774
in the school district" in lieu of the "school district income of	24775
individuals and estates."	24776

(2) If the rate of one or more property tax levies was	24777
reduced for the duration of the income tax levy pursuant to	24778
division (B)(2) of section 5748.02 of the Revised Code, the form	24779
of the ballot shall be modified by adding the following language	24780
immediately after "repealed": ", and shall the rate of an existing	24781
tax on property for the purpose of current expenses, which rate	24782
was reduced for the duration of the income tax, be INCREASED from	24783
..... mills to ..... mills per one dollar of valuation beginning	24784
in ..... (state the first year for which the rate of the property	24785
tax will increase)." In lieu of "for repeal of the income tax" and	24786
"against repeal of the income tax," the phrases "for the issue"	24787
and "against the issue," respectively, shall be substituted.	24788

(3) If the rate of more than one property tax was reduced for	24789
the duration of the income tax, the ballot language shall be	24790
modified accordingly to express the rates at which those taxes	24791
currently are levied and the rates to which the taxes would be	24792
increased.	24793

(C) The question covered by the petition shall be submitted	24794
as a separate proposition, but it may be printed on the same	24795
ballot with any other proposition submitted at the same election	24796
other than the election of officers. If a majority of the	24797
qualified electors voting on the question vote in favor of it, the	24798
result shall be certified immediately after the canvass by the	24799
board of elections to the board of education of the school	24800
district and the tax commissioner, who shall thereupon, after the	24801
current year, cease to levy the tax, except that if notes have	24802
been issued pursuant to section 5748.05 of the Revised Code the	24803
tax commissioner shall continue to levy and collect under	24804
authority of the election authorizing the levy an annual amount,	24805
rounded upward to the nearest one-fourth of one per cent, as will	24806
be sufficient to pay the debt charges on the notes as they fall	24807
due.	24808

(D) If a school district income tax repealed pursuant to this	24809
section was approved in conjunction with a reduction in the rate	24810
of one or more school district property taxes as provided in	24811
division (B)(2) of section 5748.02 of the Revised Code, then each	24812
such property tax may be levied after the current year at the rate	24813
at which it could be levied prior to the reduction, subject to any	24814
adjustments required by the county budget commission pursuant to	24815
Chapter 5705. of the Revised Code. Upon the repeal of a school	24816
district income tax under this section, the board of education may	24817
resume levying a property tax, the rate of which has been reduced	24818
pursuant to a question approved under section 5748.02 of the	24819
Revised Code, at the rate the board originally was authorized to	24820
levy the tax. A reduction in the rate of a property tax under	24821
section 5748.02 of the Revised Code is a reduction in the rate at	24822
which a board of education may levy that tax only for the period	24823
during which a school district income tax is levied prior to any	24824
repeal pursuant to this section. The resumption of the authority	24825
to levy the tax upon such a repeal does not constitute a tax	24826
levied in excess of the one per cent limitation prescribed by	24827
Section 2 of Article XII, Ohio Constitution, or in excess of the	24828
ten-mill limitation.	24829

(E) This section does not apply to school district income tax	24830
levies that are levied for five or fewer years.	24831

Sec. 5748.08. (A) The board of education of a city, local,	24832
or exempted village school district, at any time by a vote of	24833
two-thirds of all its members, may declare by resolution that it	24834
may be necessary for the school district to do all of the	24835
following:	24836

(1) Raise a specified amount of money for school district	24837
purposes by levying an annual tax on school district income;	24838

(2) Issue general obligation bonds for permanent	24839
improvements, stating in the resolution the necessity and purpose	24840
of the bond issue and the amount, approximate date, estimated rate	24841
of interest, and maximum number of years over which the principal	24842
of the bonds may be paid;	24843

(3) Levy a tax outside the ten-mill limitation to pay debt	24844
charges on the bonds and any anticipatory securities;	24845

(4) Submit the question of the school district income tax and	24846
bond issue to the electors of the district at a special election.	24847

The resolution shall specify whether the income that is to be	24848
subject to the tax is taxable income of individuals and estates as	24849
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	24850
Revised Code or taxable income of individuals as defined in	24851
division (E)(1)(b) of that section.	24852

On adoption of the resolution, the board shall certify a copy	24853
of it to the tax commissioner and the county auditor no later than	24854
~~ninety~~one hundred days prior to the date of the special election	24855
at which the board intends to propose the income tax and bond	24856
issue. Not later than ten days of receipt of the resolution, the	24857
tax commissioner, in the same manner as required by division (A)	24858
of section 5748.02 of the Revised Code, shall estimate the rates	24859
designated in divisions (A)(1) and (2) of that section and certify	24860
them to the board. Not later than ten days of receipt of the	24861
resolution, the county auditor shall estimate and certify to the	24862
board the average annual property tax rate required throughout the	24863
stated maturity of the bonds to pay debt charges on the bonds, in	24864
the same manner as under division (C) of section 133.18 of the	24865
Revised Code.	24866

(B) On receipt of the tax commissioner's and county auditor's	24867
certifications prepared under division (A) of this section, the	24868
board of education of the city, local, or exempted village school	24869
district, by a vote of two-thirds of all its members, may adopt a	24870
resolution proposing for a specified number of years or for a	24871
continuing period of time the levy of an annual tax for school	24872
district purposes on school district income and declaring that the	24873
amount of taxes that can be raised within the ten-mill limitation	24874
will be insufficient to provide an adequate amount for the present	24875
and future requirements of the school district; that it is	24876
necessary to issue general obligation bonds of the school district	24877
for specified permanent improvements and to levy an additional tax	24878
in excess of the ten-mill limitation to pay the debt charges on	24879
the bonds and any anticipatory securities; and that the question	24880
of the bonds and taxes shall be submitted to the electors of the	24881
school district at a special election, which shall not be earlier	24882
than ~~seventy-five~~eighty-five days after certification of the	24883
resolution to the board of elections, and the date of which shall	24884
be consistent with section 3501.01 of the Revised Code. The	24885
resolution shall specify all of the following:	24886

(1) The purpose for which the school district income tax is	24887
to be imposed and the rate of the tax, which shall be the rate set	24888
forth in the tax commissioner's certification rounded to the	24889
nearest one-fourth of one per cent;	24890

(2) Whether the income that is to be subject to the tax is	24891
taxable income of individuals and estates as defined in divisions	24892
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	24893
taxable income of individuals as defined in division (E)(1)(b) of	24894
that section. The specification shall be the same as the	24895
specification in the resolution adopted and certified under	24896
division (A) of this section.	24897

(3) The number of years the tax will be levied, or that it	24898
will be levied for a continuing period of time;	24899

(4) The date on which the tax shall take effect, which shall	24900
be the first day of January of any year following the year in	24901
which the question is submitted;	24902

(5) The county auditor's estimate of the average annual	24903
property tax rate required throughout the stated maturity of the	24904
bonds to pay debt charges on the bonds.	24905

(C) A resolution adopted under division (B) of this section	24906
shall go into immediate effect upon its passage, and no	24907
publication of the resolution shall be necessary other than that	24908
provided for in the notice of election. Immediately after its	24909
adoption and at least ~~seventy-five~~eighty-five days prior to the	24910
election at which the question will appear on the ballot, the	24911
board of education shall certify a copy of the resolution, along	24912
with copies of the auditor's estimate and its resolution under	24913
division (A) of this section, to the board of elections of the	24914
proper county. The board of education shall make the arrangements	24915
for the submission of the question to the electors of the school	24916
district, and the election shall be conducted, canvassed, and	24917
certified in the same manner as regular elections in the district	24918
for the election of county officers.	24919

The resolution shall be put before the electors as one ballot	24920
question, with a majority vote indicating approval of the school	24921
district income tax, the bond issue, and the levy to pay debt	24922
charges on the bonds and any anticipatory securities. The board of	24923
elections shall publish the notice of the election in one or more	24924
newspapers of general circulation in the school district once a	24925
week for two consecutive weeks prior to the election and, if the	24926
board of elections operates and maintains a web site, also shall	24927
post notice of the election on its web site for thirty days prior	24928
to the election. The notice of election shall state all of the	24929
following:	24930

(1) The questions to be submitted to the electors;

24931

(2) The rate of the school district income tax;

24932

(3) The principal amount of the proposed bond issue;

24933

(4) The permanent improvements for which the bonds are to be	24934
issued;	24935

(5) The maximum number of years over which the principal of	24936
the bonds may be paid;	24937

(6) The estimated additional average annual property tax rate	24938
to pay the debt charges on the bonds, as certified by the county	24939
auditor;	24940

(7) The time and place of the special election.

24941

(D) The form of the ballot on a question submitted to the	24942
electors under this section shall be as follows:	24943

"Shall the ........ school district be authorized to do both	24944
of the following:	24945

(1) Impose an annual income tax of ...... (state the proposed	24946
rate of tax) on the school district income of individuals and of	24947
estates, for ........ (state the number of years the tax would be	24948
levied, or that it would be levied for a continuing period of	24949
time), beginning ........ (state the date the tax would first take	24950
effect), for the purpose of ........ (state the purpose of the	24951
tax)?	24952

(2) Issue bonds for the purpose of ....... in the principal	24953
amount of $......, to be repaid annually over a maximum period of	24954
....... years, and levy a property tax outside the ten-mill	24955
limitation estimated by the county auditor to average over the	24956
bond repayment period ....... mills for each one dollar of tax	24957
valuation, which amounts to ....... (rate expressed in cents or	24958
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	24959
tax valuation, to pay the annual debt charges on the bonds, and to	24960
pay debt charges on any notes issued in anticipation of those	24961
bonds?	24962

24963

		FOR THE INCOME TAX AND BOND ISSUE			24964
		AGAINST THE INCOME TAX AND BOND ISSUE	"		24965

24966

(E) If the question submitted to electors proposes a school	24967
district income tax only on the taxable income of individuals as	24968
defined in division (E)(1)(b) of section 5748.01 of the Revised	24969
Code, the form of the ballot shall be modified by stating that the	24970
tax is to be levied on the "earned income of individuals residing	24971
in the school district" in lieu of the "school district income of	24972
individuals and of estates."	24973

(F) The board of elections promptly shall certify the results	24974
of the election to the tax commissioner and the county auditor of	24975
the county in which the school district is located. If a majority	24976
of the electors voting on the question vote in favor of it, the	24977
income tax and the applicable provisions of Chapter 5747. of the	24978
Revised Code shall take effect on the date specified in the	24979
resolution, and the board of education may proceed with issuance	24980
of the bonds and with the levy and collection of the property	24981
taxes to pay debt charges on the bonds, at the additional rate or	24982
any lesser rate in excess of the ten-mill limitation. Any	24983
securities issued by the board of education under this section are	24984
Chapter 133. securities, as that term is defined in section 133.01	24985
of the Revised Code.	24986

(G) After approval of a question under this section, the	24987
board of education may anticipate a fraction of the proceeds of	24988
the school district income tax in accordance with section 5748.05	24989
of the Revised Code. Any anticipation notes under this division	24990
shall be issued as provided in section 133.24 of the Revised Code,	24991
shall have principal payments during each year after the year of	24992
their issuance over a period not to exceed five years, and may	24993
have a principal payment in the year of their issuance.	24994

(H) The question of repeal of a school district income tax	24995
levied for more than five years may be initiated and submitted in	24996
accordance with section 5748.04 of the Revised Code.	24997

(I) No board of education shall submit a question under this	24998
section to the electors of the school district more than twice in	24999
any calendar year. If a board submits the question twice in any	25000
calendar year, one of the elections on the question shall be held	25001
on the date of the general election.	25002

Sec. 6105.18. At any time after the third year following the	25003
creation of a watershed district a referendum may be held on the	25004
question of dissolution of the district. The question of	25005
dissolution of a watershed district may be presented to the	25006
electors within the territorial boundaries of the district, at any	25007
general election, by the filing of a petition, signed by at least	25008
two hundred qualified electors residing within the territorial	25009
boundaries of the district, with the board of elections of that	25010
county or part of a county with a population within the	25011
territorial boundaries of the district, according to the last	25012
federal decennial census, greater than that of any other county or	25013
part of a county within the territorial boundaries of the	25014
district.	25015

Such petition shall be filed with such board not later than	25016
four p.m. of the ~~seventy-fifth~~eighty-fifth day before the day of	25017
the general election at which such question is to be presented to	25018
the electors.	25019

Sec. 6105.20. The board of elections with which a petition	25020
has been filed under section 6105.18 of the Revised Code, after	25021
determining that the petition is in proper form and is signed by	25022
at least two hundred qualified electors residing within the	25023
territorial boundaries of the watershed district, shall, on or	25024
before the ~~seventy-fifth~~eighty-fifth day before the day of the	25025
election at which the question of dissolving the district is to be	25026
submitted to the electors, certify to the board of elections of	25027
each watershed county the question of whether or not the district	25028
shall be dissolved.	25029

The board of elections of each of such counties shall place	25030
such question on the questions and issues ballot, to be voted at	25031
such election by the electors of the county residing within the	25032
territorial boundaries of the district, by placing on such ballot	25033
the words "For continuing the existence of (name of the district	25034
to be here inserted)" and "Against continuing the existence of	25035
(name of the district to be here inserted)," with a square before	25036
each proposition and a direction to record the vote in the square	25037
before one or the other of said propositions as the voter favors	25038
or opposes the dissolution of the district.	25039

The vote on the question of the dissolution of the district	25040
shall be counted and canvassed in the same manner as the vote for	25041
candidates for district office are counted and canvassed.	25042

The board of elections with which the petition was originally	25043
filed shall certify the results of such election.	25044

If a majority of the electors voting upon the proposition	25045
vote against continuing the existence of the district, the	25046
district shall be dissolved as of the thirty-first day of December	25047
immediately thereafter.	25048

If a majority of the electors voting upon the proposition	25049
vote for continuing the existence of the district, no further	25050
referendum shall be held on the same proposition for a period of	25051
three years.	25052

Sec. 6119.31. The board of county commissioners at any time	25053
not less than ~~seventy-five~~eighty-five days before the general	25054
election in any year, by a vote of two-thirds of its members, may	25055
declare by resolution that the amount of taxes which may be raised	25056
within the ten-mill limitation will be insufficient to provide an	25057
adequate amount for the necessary requirements of the county, and	25058
that it is necessary to levy a tax in excess of such limitation	25059
for the purpose of paying the cost of the preparation of plans,	25060
specifications, surveys, soundings, drillings, maps, and other	25061
data needed or determined necessary in order to develop plans for	25062
the proper purification, filtration, and distribution of water or	25063
proper collection and treatment of sewage within the county or a	25064
part thereof, or beyond the limits of the county but within the	25065
same drainage area as is in part within the county.	25066

Such resolution shall be confined to a single purpose and	25067
shall specify the amount of increase in rate which it is necessary	25068
to levy, not to exceed three-tenths of a mill, the purpose	25069
thereof, the number of years during which such increase shall be	25070
in effect, not to exceed five years, which increase may or may not	25071
include a levy upon the duplicate of the current year.	25072

Such resolution shall go into effect upon its passage and no	25073
publication of it is necessary other than that provided for in the	25074
notice of election.	25075

Sec. 6119.32. A copy of the resolution provided for in	25076
section 6119.31 of the Revised Code shall be certified to the	25077
board of elections for the county not less than ~~seventy-five~~	25078
eighty-five days before the general election in any year and said	25079
board shall submit the proposal to the electors of the county at	25080
the succeeding November election in accordance with section	25081
5705.25 of the Revised Code.	25082

If the per cent required for approval of a levy as set forth	25083
in section 5705.26 of the Revised Code vote in favor thereof, the	25084
board of county commissioners may levy a tax within the county at	25085
the additional rate outside the ten-mill limitation during the	25086
period and for the purpose stated in the resolution, or at any	25087
less rate or for any less number of years.	25088

Section 2. That existing sections 133.06, 133.18, 302.03,	25089
302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 306.321,	25090
306.70, 306.71, 307.676, 307.677, 307.695, 307.697, 307.791,	25091
307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 351.26,	25092
503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 505.14,	25093
511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 513.13,	25094
513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 709.29,	25095
709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 715.70,	25096
715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 731.29,	25097
733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01,	25098
757.02, 759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07,	25099
1901.10, 1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059,	25100
3311.21, 3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37,	25101
3311.38, 3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361,	25102
3354.12, 3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201,	25103
3375.211, 3375.212, 3501.01, 3501.02, 3501.03, 3501.05, 3501.07,	25104
3501.10, 3501.11, 3501.17, 3501.18, 3501.21, 3501.22, 3501.38,	25105
3501.39, 3501.90, 3503.01, 3503.04, 3503.06, 3503.10, 3503.11,	25106
3503.14, 3503.15, 3503.16, 3503.19, 3503.21, 3503.24, 3503.28,	25107
3505.01, 3505.03, 3505.04, 3505.06, 3505.062, 3505.08, 3505.10,	25108
3505.11, 3505.12, 3505.13, 3505.18, 3505.181, 3505.182,	25109
3505.183, 3505.20, 3505.21, 3505.23, 3505.28, 3505.30,	25110
3505.32, 3506.02, 3506.11, 3506.12, 3506.21, 3509.01, 3509.02,	25111
3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.08,	25112
3509.09, 3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06,	25113
3511.08, 3511.10, 3511.11, 3511.13, 3513.01, 3513.02, 3513.041,	25114
3513.05, 3513.052, 3513.121, 3513.122, 3513.151, 3513.19,	25115
3513.251, 3513.253, 3513.254, 3513.255, 3513.256, 3513.257,	25116
3513.259, 3513.263, 3513.30, 3513.31, 3513.311, 3513.312,	25117
3517.01, 3517.012, 3517.02, 3517.03, 3519.08, 3519.16,	25118
3521.03, 3709.051, 3709.071, 3709.29, 3767.05, 3769.27, 4301.33,	25119
4301.331, 4301.332, 4301.333, 4301.334, 4301.356, 4301.421,	25120
4301.424, 4303.29, 4305.14, 4504.021, 4504.15, 4504.16, 4504.21,	25121
4506.03, 4507.13, 4507.52, 4928.20, 4929.26, 4931.51, 4931.52,	25122
4931.53, 4951.44, 4955.05, 5705.19, 5705.191, 5705.195, 5705.199,	25123
5705.20, 5705.21, 5705.211, 5705.212, 5705.213, 5705.217,	25124
5705.218, 5705.219, 5705.2111, 5705.22, 5705.221, 5705.222,	25125
5705.23, 5705.24, 5705.25, 5705.251, 5705.261, 5705.27, 5705.71,	25126
5739.021, 5739.022, 5739.026, 5743.021, 5743.024, 5743.026,	25127
5748.02, 5748.04, 5748.08, 6105.18, 6105.20, 6119.31, and	25128
6119.32, and sections 3503.18, 3503.33, 3505.19, 3505.22,	25129
3506.13,3509.022, 3509.07, 3511.07, 3511.09, 3511.12, and	25130
3513.20 of the Revised Code are hereby repealed.	25131

Section 3. (A) As used in this section, "county vote center"	25132
means a polling location at which any person registered to vote in	25133
a county may appear to cast a ballot on the day of a general	25134
election, regardless of the location of the precinct within the	25135
county in which the person resides.	25136

(B)(1) The Secretary of State may implement a pilot project	25137
to evaluate the use of county vote centers for general elections	25138
for state and county office in the year 2011 as an alternative to	25139
operating precinct polling places.	25140

(2) A board of elections that desires to participate in the	25141
pilot project authorized by this section shall hold a public	25142
hearing regarding the county's potential participation in the	25143
pilot project. The board of elections shall submit a transcript or	25144
audio and video recording of the public comments made at the	25145
hearing to the Secretary of State. The Secretary of State may	25146
consider the public comments when selecting counties to	25147
participate in the pilot project. A board of elections that	25148
desires to participate in the pilot project authorized by this	25149
section shall notify the board of county commissioners of its	25150
desire to participate not later than the date for increasing the	25151
pay of a judge of election under division (E)(1)(a) of section	25152
3501.28 of the Revised Code for the year the board of elections	25153
wishes to participate.	25154

(C)(1) If the Secretary of State implements a pilot project	25155
under this section, the Secretary of State shall select one or	25156
more counties to participate in the project that meet all of the	25157
following requirements:	25158

(a) The county board of elections has held a public hearing	25159
as required under division (B)(2) of this section and submitted	25160
the required information to the Secretary of State;	25161

(b) The county board of elections has implemented a	25162
computerized voter registration list that allows an election	25163
official at the county vote center to verify that a person who	25164
appears to vote at the county vote center has not otherwise voted	25165
in the same election; and	25166

(c) The Secretary of State has determined that the county has	25167
the appropriate capabilities to implement county vote centers.	25168

(2) In selecting one or more counties for participation in a	25169
pilot project under this section, the Secretary of State shall	25170
attempt to include counties of diverse geography, population,	25171
race, and location within the state, to the extent practicable.	25172

(D) Following the conclusion of the pilot project, and not	25173
later than January 1, 2012, the Secretary of State shall file a	25174
report regarding the pilot project with the Speaker of the House	25175
of Representatives and the President of the Senate. The report may	25176
include the Secretary of State's recommendations on the future use	25177
of county vote centers and suggestions for permanent statutory	25178
authority regarding county vote centers.	25179

Section 4. (A) Notwithstanding any provision of Chapter 3509.	25180
or 3511. of the Revised Code to the contrary, the Secretary of	25181
State may implement a pilot project to evaluate the effectiveness	25182
and reliability of transmitting unvoted absent voter's ballots and	25183
unvoted armed service absent voter's ballots by secure electronic	25184
transmission to voters who are eligible to vote those ballots	25185
under the "Uniformed and Overseas Citizens Absent Voting Act,"	25186
Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as	25187
amended. Any pilot project implemented under this section shall be	25188
concluded not later than December 1, 2010.	25189

(B) If the Secretary of State implements a pilot project	25190
under this section, the Secretary of State shall select one or	25191
more counties to participate in the project. In selecting one or	25192
more counties for participation in a pilot project under this	25193
section, the Secretary of State shall do both of the following:	25194

(1) Select counties that have the necessary technological	25195
means to transmit ballots by secure electronic transmission; and	25196

(2) Attempt to include counties of diverse geography,	25197
population, race, and location within the state, to the extent	25198
practicable.	25199

(C) Following the conclusion of the pilot project, and not	25200
later than January 1, 2011, the Secretary of State shall file a	25201
report regarding the pilot project with the Speaker of the House	25202
of Representatives and the President of the Senate. The report may	25203
include the Secretary of State's recommendations on the future	25204
use of secure electronic transmission of unvoted absent voter's	25205
ballots and armed service absent voter's ballots and suggestions	25206
for permanent statutory authority regarding such electronic ballot	25207
transmission.	25208

Section 5. (A) There is hereby created the Joint Task Force	25209
on Special Elections and Cost Reductions, which shall study both	25210
of the following:	25211

(1) The timing and conduct of special elections, including	25212
special elections conducted pursuant to a municipal or county	25213
charter on a day other than the day of a statewide primary,	25214
general, or special election for the purpose of developing	25215
recommendations to unify, to the extent practical, the dates of	25216
elections throughout the state;	25217

(2) Opportunities to reduce the cost of election	25218
administration, including partnerships between government agencies	25219
and streamlining elections processes, for the purpose of	25220
developing recommendations to maintain unfettered voter access to	25221
democracy while reducing the cost of election administration.	25222

(B) The Task Force shall be composed of the following	25223
eighteen members, to be appointed by the Governor:	25224

(1) Three members of the House of Representatives who are	25225
members of the same political party as the Speaker of the House of	25226
Representatives;	25227

(2) Two members of the House of Representatives who are	25228
members of the largest political party represented in the House of	25229
Representatives of which the Speaker of the House is not a member;	25230

(3) Two members of the Senate who are members of the same	25231
political party as the President of the Senate;	25232

(4) One member of the Senate who is a member of the largest	25233
party represented in the Senate of which the President of the	25234
Senate is not a member;	25235

(5) Two representatives from the Ohio Association of	25236
Elections Officials who are members of different political	25237
parties;	25238

(6) Two representatives from the County Commissioners	25239
Association of Ohio who are members of different political	25240
parties;	25241

(7) Two representatives from the Ohio Municipal League who	25242
are members of different political parties;	25243

(8) Two representatives from the general public; and

25244

(9) Two representatives from the office of the Secretary of	25245
State.	25246

The Governor shall designate two members of the Task Force	25247
who are members of different political parties as co-chairs of the	25248
Task Force:	25249

(B) The Task Force shall forward its findings to the Speaker	25250
of the House of Representatives, the President of the Senate, and	25251
all charter counties and charter municipal corporations in Ohio	25252
not later than December 31, 2010, at which time the Task Force is	25253
abolished.	25254

Section 6. The General Assembly, applying the principle	25255
stated in division (B) of section 1.52 of the Revised Code that	25256
amendments are to be harmonized if reasonably capable of	25257
simultaneous operation, finds that the following section,	25258
presented in this act as a composite of the section as amended by	25259
the acts indicated, is the resulting versions of the section in	25260
effect prior to the effective date of the section as presented in	25261
this act:	25262

Section 3509.05 of the Revised Code as amended by both Am.	25263
Sub. H.B. 350 and Am. Sub. H.B. 562 of the 127th General	25264
Assembly.	25265

Section 7. Section 1901.31 of the Revised Code is presented	25266
in this act as a composite of the section as amended by both Am.	25267
Sub. H.B. 420 of the 127th General Assembly and Am. Sub. H.B. 1	25268
of the 128th General Assembly. Section 3357.02 of the Revised	25269
Code is presented in this act as a composite of the section as	25270
amended by both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the	25271
121st General Assembly. Section 4504.21 of the Revised Code is	25272
presented in this act as a composite of the section as amended by	25273
both H.B. 353 and S.B. 310 of the 121st General Assembly. The	25274
General Assembly, applying the principle stated in division (B)	25275
of section 1.52 of the Revised Code that amendments are to be	25276
harmonized if reasonably capable of simultaneous operation,	25277
finds that the composites are the resulting versions of the	25278
sections in effect prior to the effective date of the sections	25279
as presented in this act.	25280