Bill Text: OH SB8 | 2009-2010 | 128th General Assembly | Engrossed

Ohio Senate Bill 8 (Prior Session Legislation)

Engrossed

Bill Title: To revise the Election Law.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Engrossed - Dead) 2009-12-09 - Passed 3rd Consideration House [SB8 Detail]

Download: Ohio-2009-SB8-Engrossed.html

As Passed by the Senate

128th General Assembly

Regular Session

2009-2010

Am. Sub. S. B. No. 8

Senator Seitz

Cosponsors: Senators Carey, Faber, Gibbs, Goodman, Niehaus, Patton, Wagoner, Harris, Jones, Husted

A BILL

To amend sections 3.02, 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,

3501.02, 3501.05, 3501.07, 3501.10, 3501.11,

3501.22, 3501.301, 3501.35, 3501.39, 3501.90,

3503.14, 3503.15, 3503.19, 3505.01, 3505.10,

3505.13, 3505.21, 3505.23, 3505.32, 3506.02,

3506.21, 3509.01, 3509.03, 3509.04, 3509.05,

3509.06, 3509.07, 3511.01, 3511.02, 3511.03,

3511.04, 3511.05, 3511.06, 3511.08, 3511.09,

3511.10, 3511.11, 3511.12, 3511.13, 3513.01,

3513.02, 3513.04, 3513.041, 3513.05, 3513.052,

3513.121, 3513.122, 3513.151, 3513.19, 3513.191,

3513.20, 3513.251, 3513.253, 3513.254, 3513.255,

3513.256, 3513.257, 3513.259, 3513.263, 3513.30,

3513.31, 3513.311, 3513.312, 3515.09, 3519.08,

3519.16, 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,

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 sections

125.042, 3501.012, 3503.191, 3505.184, 3511.021,

and 3511.14, and to repeal section 3509.022 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 3.02, 133.06, 133.18, 302.03,	50
302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32, 306.321,	51
306.70, 306.71, 307.676, 307.677, 307.695, 307.697, 307.791,	52
307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03, 351.26,	53
503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13, 505.14,	54
511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06, 513.13,	55
513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21, 709.29,	56
709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691, 715.70,	57
715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28, 731.29,	58
733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01, 757.02,	59
759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07, 1901.10,	60
1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059, 3311.21,	61
3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37, 3311.38,	62
3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361, 3354.12,	63
3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201, 3375.211,	64
3375.212, 3501.02, 3501.05, 3501.07, 3501.10, 3501.11, 3501.22,	65
3501.301, 3501.35, 3501.39, 3501.90, 3503.14, 3503.15, 3503.19,	66
3505.01, 3505.10, 3505.13, 3505.21, 3505.23, 3505.32, 3506.02,	67
3506.21, 3509.01, 3509.03, 3509.04, 3509.05, 3509.06, 3509.07,	68
3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06, 3511.08,	69
3511.09, 3511.10, 3511.11, 3511.12, 3511.13, 3513.01, 3513.02,	70
3513.04, 3513.041, 3513.05, 3513.052, 3513.121, 3513.122,	71
3513.151, 3513.19, 3513.191, 3513.20, 3513.251, 3513.253,	72
3513.254, 3513.255, 3513.256, 3513.257, 3513.259, 3513.263,	73
3513.30, 3513.31, 3513.311, 3513.312, 3515.09, 3519.08, 3519.16,	74
3709.051, 3709.071, 3709.29, 3767.05, 3769.27, 4301.33, 4301.331,	75
4301.332, 4301.333, 4301.334, 4301.356, 4301.421, 4301.424,	76
4303.29, 4305.14, 4504.021, 4504.15, 4504.16, 4504.21, 4928.20,	77
4929.26, 4931.51, 4931.52, 4931.53, 4951.44, 4955.05, 5705.19,	78
5705.191, 5705.195, 5705.199, 5705.20, 5705.21, 5705.211,	79
5705.212, 5705.213, 5705.217, 5705.218, 5705.219, 5705.2111,	80
5705.22, 5705.221, 5705.222, 5705.23, 5705.24, 5705.25, 5705.251,	81
5705.261, 5705.27, 5705.71, 5739.021, 5739.022, 5739.026,	82
5743.021, 5743.024, 5743.026, 5748.02, 5748.04, 5748.08, 6105.18,	83
6105.20, 6119.31, and 6119.32 be amended and sections 125.042,	84
3501.012, 3503.191, 3505.184, 3511.021, and 3511.14 of the Revised	85
Code be enacted to read as follows:	86

Sec. 3.02. (A) When an elective office becomes vacant and is	87
filled by appointment, such appointee shall hold the office until	88
~~his~~the appointee's successor is elected and qualified; and such	89
successor shall be elected for the unexpired term, at the first	90
general election for the office which is vacant that occurs more	91
than ~~forty~~fifty-six days after the vacancy has occurred; provided	92
that when the unexpired term ends within one year immediately	93
following the date of such general election, an election to fill	94
such unexpired term shall not be held and the appointment shall be	95
for such unexpired term.	96

(B) When an elective office becomes vacant and is filled by	97
appointment, the appointing authority shall, immediately but no	98
later than seven days after making the appointment, certify it to	99
the board of elections and to the secretary of state. The board of	100
elections or, in the case of an appointment to a statewide office,	101
the secretary of state shall issue a certificate of appointment to	102
the appointee. Certificates of appointment shall be in such form	103
as the secretary of state shall prescribe.	104

(C) When an elected candidate fails to qualify for the office	105
to which hethe candidate has been elected, the office shall be	106
filled as in the case of a vacancy. Until so filled, the incumbent	107
officer shall continue to hold office. This section does not	108
postpone the time for such election beyond that at which it would	109
have been held had no such vacancy occurred, or affect the	110
official term, or the time for the commencement thereof, of any	111
person elected to such office before the occurrence of such	112
vacancy.	113

Sec. 125.042. (A) The department of administrative services,	114
by rule adopted under Chapter 119. of the Revised Code, shall	115
establish a purchasing program through which the department enters	116
into purchase contracts for supplies used by boards of elections,	117
including any polling place supplies required under section	118
3501.30 of the Revised Code. A board of elections that opts to	119
participate in the purchasing program may purchase its supplies	120
through the contracts entered into by the department.	121

(B) Purchases that a board of elections makes under this	122
section are exempt from any competitive selection procedures	123
otherwise required by law.	124

Sec. 133.06. (A) A school district shall not incur, without	125
a vote of the electors, net indebtedness that exceeds an amount	126
equal to one-tenth of one per cent of its tax valuation, except as	127
provided in divisions (G) and (H) of this section and in division	128
(C) of section 3313.372 of the Revised Code, or as prescribed in	129
section 3318.052 or 3318.44 of the Revised Code, or as provided in	130
division (J) of this section.	131

(B) Except as provided in divisions (E), (F), and (I) of this	132
section, a school district shall not incur net indebtedness that	133
exceeds an amount equal to nine per cent of its tax valuation.	134

(C) A school district shall not submit to a vote of the	135
electors the question of the issuance of securities in an amount	136
that will make the district's net indebtedness after the issuance	137
of the securities exceed an amount equal to four per cent of its	138
tax valuation, unless the superintendent of public instruction,	139
acting under policies adopted by the state board of education, and	140
the tax commissioner, acting under written policies of the	141
commissioner, consent to the submission. A request for the	142
consents shall be made at least one hundred ~~five~~twenty days prior	143
to the election at which the question is to be submitted.	144

The superintendent of public instruction shall certify to the	145
district the superintendent's and the tax commissioner's decisions	146
within thirty days after receipt of the request for consents.	147

If the electors do not approve the issuance of securities at	148
the election for which the superintendent of public instruction	149
and tax commissioner consented to the submission of the question,	150
the school district may submit the same question to the electors	151
on the date that the next special election may be held under	152
section 3501.01 of the Revised Code without submitting a new	153
request for consent. If the school district seeks to submit the	154
same question at any other subsequent election, the district shall	155
first submit a new request for consent in accordance with this	156
division.	157

(D) In calculating the net indebtedness of a school district,	158
none of the following shall be considered:	159

(1) Securities issued to acquire school buses and other	160
equipment used in transporting pupils or issued pursuant to	161
division (D) of section 133.10 of the Revised Code;	162

(2) Securities issued under division (F) of this section,	163
under section 133.301 of the Revised Code, and, to the extent in	164
excess of the limitation stated in division (B) of this section,	165
under division (E) of this section;	166

(3) Indebtedness resulting from the dissolution of a joint	167
vocational school district under section 3311.217 of the Revised	168
Code, evidenced by outstanding securities of that joint vocational	169
school district;	170

(4) Loans, evidenced by any securities, received under	171
sections 3313.483, 3317.0210, 3317.0211, and 3317.64 of the	172
Revised Code;	173

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

174

(6) Debt incurred pursuant to division (B)(5) of section	175
3313.37 of the Revised Code to acquire computers and related	176
hardware;	177

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

178

(E) A school district may become a special needs district as	179
to certain securities as provided in division (E) of this section.	180

(1) A board of education, by resolution, may declare its	181
school district to be a special needs district by determining both	182
of the following:	183

(a) The student population is not being adequately serviced	184
by the existing permanent improvements of the district.	185

(b) The district cannot obtain sufficient funds by the	186
issuance of securities within the limitation of division (B) of	187
this section to provide additional or improved needed permanent	188
improvements in time to meet the needs.	189

(2) The board of education shall certify a copy of that	190
resolution to the superintendent of public instruction with a	191
statistical report showing all of the following:	192

(a) A history of and a projection of the growth of the	193
student population;	194

(b) The history of and a projection of the growth of the tax	195
valuation;	196

197

(d) The estimated cost of permanent improvements proposed to	198
meet such projected needs.	199

(3) The superintendent of public instruction shall certify	200
the district as an approved special needs district if the	201
superintendent finds both of the following:	202

(a) The district does not have available sufficient	203
additional funds from state or federal sources to meet the	204
projected needs.	205

(b) The projection of the potential average growth of tax	206
valuation during the next five years, according to the information	207
certified to the superintendent and any other information the	208
superintendent obtains, indicates a likelihood of potential	209
average growth of tax valuation of the district during the next	210
five years of an average of not less than three per cent per year.	211
The findings and certification of the superintendent shall be	212
conclusive.	213

(4) An approved special needs district may incur net	214
indebtedness by the issuance of securities in accordance with the	215
provisions of this chapter in an amount that does not exceed an	216
amount equal to the greater of the following:	217

(a) Nine per cent of the sum of its tax valuation plus an	218
amount that is the product of multiplying that tax valuation by	219
the percentage by which the tax valuation has increased over the	220
tax valuation on the first day of the sixtieth month preceding the	221
month in which its board determines to submit to the electors the	222
question of issuing the proposed securities;	223

(b) Nine per cent of the sum of its tax valuation plus an	224
amount that is the product of multiplying that tax valuation by	225
the percentage, determined by the superintendent of public	226
instruction, by which that tax valuation is projected to increase	227
during the next ten years.	228

(F) A school district may issue securities for emergency	229
purposes, in a principal amount that does not exceed an amount	230
equal to three per cent of its tax valuation, as provided in this	231
division.	232

(1) A board of education, by resolution, may declare an	233
emergency if it determines both of the following:	234

(a) School buildings or other necessary school facilities in	235
the district have been wholly or partially destroyed, or condemned	236
by a constituted public authority, or that such buildings or	237
facilities are partially constructed, or so constructed or planned	238
as to require additions and improvements to them before the	239
buildings or facilities are usable for their intended purpose, or	240
that corrections to permanent improvements are necessary to remove	241
or prevent health or safety hazards.	242

(b) Existing fiscal and net indebtedness limitations make	243
adequate replacement, additions, or improvements impossible.	244

(2) Upon the declaration of an emergency, the board of	245
education may, by resolution, submit to the electors of the	246
district pursuant to section 133.18 of the Revised Code the	247
question of issuing securities for the purpose of paying the cost,	248
in excess of any insurance or condemnation proceeds received by	249
the district, of permanent improvements to respond to the	250
emergency need.	251

(3) The procedures for the election shall be as provided in	252
section 133.18 of the Revised Code, except that:	253

(a) The form of the ballot shall describe the emergency	254
existing, refer to this division as the authority under which the	255
emergency is declared, and state that the amount of the proposed	256
securities exceeds the limitations prescribed by division (B) of	257
this section;	258

(b) The resolution required by division (B) of section 133.18	259
of the Revised Code shall be certified to the county auditor and	260
the board of elections at least ~~seventy-five~~one hundred days	261
prior to the election;	262

(c) The county auditor shall advise and, not later than	263
~~sixty-five~~ninety-five days before the election, confirm that	264
advice by certification to, the board of education of the	265
information required by division (C) of section 133.18 of the	266
Revised Code;	267

(d) The board of education shall then certify its resolution	268
and the information required by division (D) of section 133.18 of	269
the Revised Code to the board of elections not less than ~~sixty~~	270
ninety days prior to the election.	271

(4) Notwithstanding division (B) of section 133.21 of the	272
Revised Code, the first principal payment of securities issued	273
under this division may be set at any date not later than sixty	274
months after the earliest possible principal payment otherwise	275
provided for in that division.	276

(G) The board of education may contract with an architect,	277
professional engineer, or other person experienced in the design	278
and implementation of energy conservation measures for an analysis	279
and recommendations pertaining to installations, modifications of	280
installations, or remodeling that would significantly reduce	281
energy consumption in buildings owned by the district. The report	282
shall include estimates of all costs of such installations,	283
modifications, or remodeling, including costs of design,	284
engineering, installation, maintenance, repairs, and debt service,	285
and estimates of the amounts by which energy consumption and	286
resultant operational and maintenance costs, as defined by the	287
Ohio school facilities commission, would be reduced.	288

If the board finds after receiving the report that the amount	289
of money the district would spend on such installations,	290
modifications, or remodeling is not likely to exceed the amount of	291
money it would save in energy and resultant operational and	292
maintenance costs over the ensuing fifteen years, the board may	293
submit to the commission a copy of its findings and a request for	294
approval to incur indebtedness to finance the making or	295
modification of installations or the remodeling of buildings for	296
the purpose of significantly reducing energy consumption.	297

If the commission determines that the board's findings are	298
reasonable, it shall approve the board's request. Upon receipt of	299
the commission's approval, the district may issue securities	300
without a vote of the electors in a principal amount not to exceed	301
nine-tenths of one per cent of its tax valuation for the purpose	302
of making such installations, modifications, or remodeling, but	303
the total net indebtedness of the district without a vote of the	304
electors incurred under this and all other sections of the Revised	305
Code, except section 3318.052 of the Revised Code, shall not	306
exceed one per cent of the district's tax valuation.	307

So long as any securities issued under division (G) of this	308
section remain outstanding, the board of education shall monitor	309
the energy consumption and resultant operational and maintenance	310
costs of buildings in which installations or modifications have	311
been made or remodeling has been done pursuant to division (G) of	312
this section and shall maintain and annually update a report	313
documenting the reductions in energy consumption and resultant	314
operational and maintenance cost savings attributable to such	315
installations, modifications, or remodeling. The report shall be	316
certified by an architect or engineer independent of any person	317
that provided goods or services to the board in connection with	318
the energy conservation measures that are the subject of the	319
report. The resultant operational and maintenance cost savings	320
shall be certified by the school district treasurer. The report	321
shall be made available to the commission upon request.	322

(H) With the consent of the superintendent of public	323
instruction, a school district may incur without a vote of the	324
electors net indebtedness that exceeds the amounts stated in	325
divisions (A) and (G) of this section for the purpose of paying	326
costs of permanent improvements, if and to the extent that both of	327
the following conditions are satisfied:	328

(1) The fiscal officer of the school district estimates that	329
receipts of the school district from payments made under or	330
pursuant to agreements entered into pursuant to section 725.02,	331
1728.10, 3735.671, 5709.081, 5709.082, 5709.40, 5709.41, 5709.62,	332
5709.63, 5709.632, 5709.73, 5709.78, or 5709.82 of the Revised	333
Code, or distributions under division (C) of section 5709.43 of	334
the Revised Code, or any combination thereof, are, after	335
accounting for any appropriate coverage requirements, sufficient	336
in time and amount, and are committed by the proceedings, to pay	337
the debt charges on the securities issued to evidence that	338
indebtedness and payable from those receipts, and the taxing	339
authority of the district confirms the fiscal officer's estimate,	340
which confirmation is approved by the superintendent of public	341
instruction;	342

(2) The fiscal officer of the school district certifies, and	343
the taxing authority of the district confirms, that the district,	344
at the time of the certification and confirmation, reasonably	345
expects to have sufficient revenue available for the purpose of	346
operating such permanent improvements for their intended purpose	347
upon acquisition or completion thereof, and the superintendent of	348
public instruction approves the taxing authority's confirmation.	349

The maximum maturity of securities issued under division (H)	350
of this section shall be the lesser of twenty years or the maximum	351
maturity calculated under section 133.20 of the Revised Code.	352

(I) A school district may incur net indebtedness by the	353
issuance of securities in accordance with the provisions of this	354
chapter in excess of the limit specified in division (B) or (C) of	355
this section when necessary to raise the school district portion	356
of the basic project cost and any additional funds necessary to	357
participate in a project under Chapter 3318. of the Revised Code,	358
including the cost of items designated by the Ohio school	359
facilities commission as required locally funded initiatives and	360
the cost for site acquisition. The school facilities commission	361
shall notify the superintendent of public instruction whenever a	362
school district will exceed either limit pursuant to this	363
division.	364

(J) A school district whose portion of the basic project cost	365
of its classroom facilities project under sections 3318.01 to	366
3318.20 of the Revised Code is greater than or equal to one	367
hundred million dollars may incur without a vote of the electors	368
net indebtedness in an amount up to two per cent of its tax	369
valuation through the issuance of general obligation securities in	370
order to generate all or part of the amount of its portion of the	371
basic project cost if the controlling board has approved the	372
school facilities commission's conditional approval of the project	373
under section 3318.04 of the Revised Code. The school district	374
board and the Ohio school facilities commission shall include the	375
dedication of the proceeds of such securities in the agreement	376
entered into under section 3318.08 of the Revised Code. No state	377
moneys shall be released for a project to which this section	378
applies until the proceeds of any bonds issued under this section	379
that are dedicated for the payment of the school district portion	380
of the project are first deposited into the school district's	381
project construction fund.	382

Sec. 133.18. (A) The taxing authority of a subdivision may	383
by legislation submit to the electors of the subdivision the	384
question of issuing any general obligation bonds, for one purpose,	385
that the subdivision has power or authority to issue.	386

(B) When the taxing authority of a subdivision desires or is	387
required by law to submit the question of a bond issue to the	388
electors, it shall pass legislation that does all of the	389
following:	390

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

391

(2) States the date of the authorized election at which the	392
question shall be submitted to the electors;	393

(3) States the amount, approximate date, estimated net	394
average rate of interest, and maximum number of years over which	395
the principal of the bonds may be paid;	396

(4) Declares the necessity of levying a tax outside the tax	397
limitation to pay the debt charges on the bonds and any	398
anticipatory securities.	399

The estimated net average interest rate shall be determined	400
by the taxing authority based on, among other factors, then	401
existing market conditions, and may reflect adjustments for any	402
anticipated direct payments expected to be received by the taxing	403
authority from the government of the United States relating to the	404
bonds and the effect of any federal tax credits anticipated to be	405
available to owners of all or a portion of the bonds. The	406
estimated net average rate of interest, and any statutory or	407
charter limit on interest rates that may then be in effect and	408
that is subsequently amended, shall not be a limitation on the	409
actual interest rate or rates on the securities when issued.	410

(C)(1) The taxing authority shall certify a copy of the	411
legislation passed under division (B) of this section to the	412
county auditor. The county auditor shall promptly calculate and	413
advise and, not later than ~~seventy-five~~ninety days before the	414
election, confirm that advice by certification to, the taxing	415
authority the estimated average annual property tax levy,	416
expressed in cents or dollars and cents for each one hundred	417
dollars of tax valuation and in mills for each one dollar of tax	418
valuation, that the county auditor estimates to be required	419
throughout the stated maturity of the bonds to pay the debt	420
charges on the bonds. In calculating the estimated average annual	421
property tax levy for this purpose, the county auditor shall	422
assume that the bonds are issued in one series bearing interest	423
and maturing in substantially equal principal amounts in each year	424
over the maximum number of years over which the principal of the	425
bonds may be paid as stated in that legislation, and that the	426
amount of the tax valuation of the subdivision for the current	427
year remains the same throughout the maturity of the bonds, except	428
as otherwise provided in division (C)(2) of this section. If the	429
tax valuation for the current year is not determined, the county	430
auditor shall base the calculation on the estimated amount of the	431
tax valuation submitted by the county auditor to the county budget	432
commission. If the subdivision is located in more than one county,	433
the county auditor shall obtain the assistance of the county	434
auditors of the other counties, and those county auditors shall	435
provide assistance, in establishing the tax valuation of the	436
subdivision for purposes of certifying the estimated average	437
annual property tax levy.	438

(2) When considering the tangible personal property component	439
of the tax valuation of the subdivision, the county auditor shall	440
take into account the assessment percentages prescribed in section	441
5711.22 of the Revised Code. The tax commissioner may issue rules,	442
orders, or instructions directing how the assessment percentages	443
must be utilized.	444

(D) After receiving the county auditor's advice under	445
division (C) of this section, the taxing authority by legislation	446
may determine to proceed with submitting the question of the issue	447
of securities, and shall, not later than the ~~seventy-fifth~~	448
ninetieth day before the day of the election, file the following	449
with the board of elections:	450

(1) Copies of the legislation provided for in divisions (B)	451
and (D) of this section;	452

(2) The amount of the estimated average annual property tax	453
levy, expressed in cents or dollars and cents for each one hundred	454
dollars of tax valuation and in mills for each one dollar of tax	455
valuation, as estimated and certified to the taxing authority by	456
the county auditor.	457

(E)(1) The board of elections shall prepare the ballots and	458
make other necessary arrangements for the submission of the	459
question to the electors of the subdivision. If the subdivision is	460
located in more than one county, the board shall inform the boards	461
of elections of the other counties of the filings with it, and	462
those other boards shall if appropriate make the other necessary	463
arrangements for the election in their counties. The election	464
shall be conducted, canvassed, and certified in the manner	465
provided in Title XXXV of the Revised Code.	466

(2) The election shall be held at the regular places for	467
voting in the subdivision. If the electors of only a part of a	468
precinct are qualified to vote at the election the board of	469
elections may assign the electors in that part to an adjoining	470
precinct, including an adjoining precinct in another county if the	471
board of elections of the other county consents to and approves	472
the assignment. Each elector so assigned shall be notified of that	473
fact prior to the election by notice mailed by the board of	474
elections, in such manner as it determines, prior to the election.	475

(3) The board of elections shall publish a notice of the	476
election, in one or more newspapers of general circulation in the	477
subdivision, at least once no later than ten days prior to the	478
election. The notice shall state all of the following:	479

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

480

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

481

(c) The maximum number of years over which the principal of	482
the bonds may be paid;	483

(d) The estimated additional average annual property tax	484
levy, expressed in cents or dollars and cents for each one hundred	485
dollars of tax valuation and in mills for each one dollar of tax	486
valuation, to be levied outside the tax limitation, as estimated	487
and certified to the taxing authority by the county auditor;	488

(e) The first calendar year in which the tax is expected to	489
be due.	490

(F)(1) The form of the ballot to be used at the election	491
shall be substantially either of the following, as applicable:	492

(a) "Shall bonds be issued by the ............ (name of	493
subdivision) for the purpose of ........... (purpose of the bond	494
issue) in the principal amount of .......... (principal amount of	495
the bond issue), to be repaid annually over a maximum period of	496
.......... (the maximum number of years over which the principal	497
of the bonds may be paid) years, and an annual levy of property	498
taxes be made outside the .......... (as applicable, "ten-mill" or	499
"...charter tax") limitation, estimated by the county auditor to	500
average over the repayment period of the bond issue ..........	501
(number of mills) mills for each one dollar of tax valuation,	502
which amounts to .......... (rate expressed in cents or dollars	503
and cents, such as "36 cents" or "$1.41") for each one hundred	504
dollars of tax valuation, commencing in .......... (first year the	505
tax will be levied), first due in calendar year .......... (first	506
calendar year in which the tax shall be due), to pay the annual	507
debt charges on the bonds, and to pay debt charges on any notes	508
issued in anticipation of those bonds?	509

510

		For the bond issue			511
		Against the bond issue	"		512

513

(b) In the case of an election held pursuant to legislation	514
adopted under section 3375.43 or 3375.431 of the Revised Code:	515

"Shall bonds be issued for .......... (name of library) for	516
the purpose of .......... (purpose of the bond issue), in the	517
principal amount of .......... (amount of the bond issue) by	518
.......... (the name of the subdivision that is to issue the bonds	519
and levy the tax) as the issuer of the bonds, to be repaid	520
annually over a maximum period of .......... (the maximum number	521
of years over which the principal of the bonds may be paid) years,	522
and an annual levy of property taxes be made outside the ten-mill	523
limitation, estimated by the county auditor to average over the	524
repayment period of the bond issue .......... (number of mills)	525
mills for each one dollar of tax valuation, which amounts to	526
.......... (rate expressed in cents or dollars and cents, such as	527
"36 cents" or "$1.41") for each one hundred dollars of tax	528
valuation, commencing in .......... (first year the tax will be	529
levied), first due in calendar year .......... (first calendar	530
year in which the tax shall be due), to pay the annual debt	531
charges on the bonds, and to pay debt charges on any notes issued	532
in anticipation of those bonds?	533

534

		For the bond issue			535
		Against the bond issue	"		536

537

(2) The purpose for which the bonds are to be issued shall be	538
printed in the space indicated, in boldface type.	539

(G) The board of elections shall promptly certify the results	540
of the election to the tax commissioner, the county auditor of	541
each county in which any part of the subdivision is located, and	542
the fiscal officer of the subdivision. The election, including the	543
proceedings for and result of the election, is incontestable other	544
than in a contest filed under section 3515.09 of the Revised Code	545
in which the plaintiff prevails.	546

(H) If a majority of the electors voting upon the question	547
vote for it, the taxing authority of the subdivision may proceed	548
under sections 133.21 to 133.33 of the Revised Code with the	549
issuance of the securities and with the levy and collection of a	550
property tax outside the tax limitation during the period the	551
securities are outstanding sufficient in amount to pay the debt	552
charges on the securities, including debt charges on any	553
anticipatory securities required to be paid from that tax. If	554
legislation passed under section 133.22 or 133.23 of the Revised	555
Code authorizing those securities is filed with the county auditor	556
on or before the last day of November, the amount of the voted	557
property tax levy required to pay debt charges or estimated debt	558
charges on the securities payable in the following year shall if	559
requested by the taxing authority be included in the taxes levied	560
for collection in the following year under section 319.30 of the	561
Revised Code.	562

(I)(1) If, before any securities authorized at an election	563
under this section are issued, the net indebtedness of the	564
subdivision exceeds that applicable to that subdivision or those	565
securities, then and so long as that is the case none of the	566
securities may be issued.	567

(2) No securities authorized at an election under this	568
section may be initially issued after the first day of the sixth	569
January following the election, but this period of limitation	570
shall not run for any time during which any part of the permanent	571
improvement for which the securities have been authorized, or the	572
issuing or validity of any part of the securities issued or to be	573
issued, or the related proceedings, is involved or questioned	574
before a court or a commission or other tribunal, administrative	575
agency, or board.	576

(3) Securities representing a portion of the amount	577
authorized at an election that are issued within the applicable	578
limitation on net indebtedness are valid and in no manner affected	579
by the fact that the balance of the securities authorized cannot	580
be issued by reason of the net indebtedness limitation or lapse of	581
time.	582

(4) Nothing in this division (I) shall be interpreted or	583
applied to prevent the issuance of securities in an amount to fund	584
or refund anticipatory securities lawfully issued.	585

(5) The limitations of divisions (I)(1) and (2) of this	586
section do not apply to any securities authorized at an election	587
under this section if at least ten per cent of the principal	588
amount of the securities, including anticipatory securities,	589
authorized has theretofore been issued, or if the securities are	590
to be issued for the purpose of participating in any federally or	591
state-assisted program.	592

(6) The certificate of the fiscal officer of the subdivision	593
is conclusive proof of the facts referred to in this division.	594

Sec. 302.03. (A) The board of county commissioners of any	595
county may, by a two-thirds vote of the board, or shall, upon	596
petition by three per cent of the electors of the county as	597
determined by the number of votes cast therein for the office of	598
governor at the most recent gubernatorial election, by resolution,	599
cause the board of elections in the county to submit to the	600
electors of the county the question of adopting one of the	601
alternative forms of county government authorized by sections	602
302.01 to 302.24 of the Revised Code. The question shall be voted	603
upon at the next general election occurring not less than	604
~~seventy-five~~ninety days after the certification of the resolution	605
to the board of elections.	606

(B) If, in any county, a resolution is adopted by the board	607
of county commissioners requiring that the question of choosing a	608
commission to frame a county charter be submitted to the electors	609
thereof prior to the resolution provided for in this section, the	610
proposition to adopt an alternative form of county government	611
provided in sections 302.01 to 302.24 of the Revised Code, shall	612
not be submitted in that county as long as the question of	613
choosing such commission or of adopting a charter framed by such	614
commission is pending therein.	615

(C) Any proposition for an alternative form of county	616
government shall specify the number of members of the board of	617
county commissioners, how many shall be elected at large, or how	618
many shall be elected by districts.	619

Sec. 302.09. When a vacancy occurs in the board of county	620
commissioners or in the office of county auditor, county	621
treasurer, prosecuting attorney, clerk of the court of common	622
pleas, sheriff, county recorder, county engineer, or coroner more	623
than ~~forty~~fifty days before the next general election for state	624
and county officers, the vacancy shall be filled as provided for	625
in divisions (A) and (B) of section 305.02 of the Revised Code.	626

Sec. 303.11. If the zoning resolution is adopted by the	627
board of county commissioners, such board shall cause the question	628
of whether or not the proposed plan of zoning shall be put into	629
effect to be submitted to the electors residing in the	630
unincorporated area of the county included in the proposed plan of	631
zoning for their approval or rejection at the next primary or	632
general election, or a special election may be called for this	633
purpose. Such resolution shall be filed with the board of	634
elections not later than four p.m. on the ~~seventy-fifth~~ninetieth	635
day before the day of the election. No zoning regulations shall be	636
put into effect in any township, unless a majority of the vote	637
cast on the issue in that township is in favor of the proposed	638
plan of zoning. Upon certification by the board of elections the	639
resolution shall take immediate effect in all townships which	640
voted approval, eliminating from the plan any township which did	641
not vote approval.	642

Within five working days after the resolution's effective	643
date, the board of county commissioners shall file it, including	644
text and maps, in the office of the county recorder. The board	645
shall also file duplicates of the same documents with the regional	646
or county planning commission, if one exists, within the same	647
period.	648

The board shall file all resolutions, including text and	649
maps, that are in effect on January 1, 1992, in the office of the	650
county recorder within thirty working days after that date. The	651
board shall also file duplicates of the same documents with the	652
regional or county planning commission, if one exists, within the	653
same period.	654

The failure to file a resolution, or any text and maps, or	655
duplicates of any of these documents, with the office of the	656
county recorder or the county or regional planning commission as	657
required by this section does not invalidate the resolution and is	658
not grounds for an appeal of any decision of the board of zoning	659
appeals.	660

Sec. 303.12. (A)(1) Amendments to the zoning resolution may	661
be initiated by motion of the county rural zoning commission, by	662
the passage of a resolution by the board of county commissioners,	663
or by the filing of an application by one or more of the owners or	664
lessees of property within the area proposed to be changed or	665
affected by the proposed amendment with the county rural zoning	666
commission. The board of county commissioners may require that the	667
owner or lessee of property filing an application to amend the	668
zoning resolution pay a fee to defray the cost of advertising,	669
mailing, filing with the county recorder, and other expenses. If	670
the board of county commissioners requires such a fee, it shall be	671
required generally, for each application. The board of county	672
commissioners, upon the passage of such a resolution, shall	673
certify it to the county rural zoning commission.	674

(2) Upon the adoption of a motion by the county rural zoning	675
commission, the certification of a resolution by the board of	676
county commissioners to the commission, or the filing of an	677
application by property owners or lessees as described in division	678
(A)(1) of this section with the commission, the commission shall	679
set a date for a public hearing, which date shall not be less than	680
twenty nor more than forty days from the date of adoption of such	681
a motion, the date of the certification of such a resolution, or	682
the date of the filing of such an application. Notice of the	683
hearing shall be given by the commission by one publication in one	684
or more newspapers of general circulation in each township	685
affected by the proposed amendment at least ten days before the	686
date of the hearing.	687

(B) If the proposed amendment intends to rezone or redistrict	688
ten or fewer parcels of land, as listed on the county auditor's	689
current tax list, written notice of the hearing shall be mailed by	690
the county rural zoning commission, by first class mail, at least	691
ten days before the date of the public hearing to all owners of	692
property within and contiguous to and directly across the street	693
from the area proposed to be rezoned or redistricted to the	694
addresses of those owners appearing on the county auditor's	695
current tax list. The failure of delivery of that notice shall not	696
invalidate any such amendment.	697

(C) If the proposed amendment intends to rezone or redistrict	698
ten or fewer parcels of land as listed on the county auditor's	699
current tax list, the published and mailed notices shall set forth	700
the time, date, and place of the public hearing and include all of	701
the following:	702

(1) The name of the county rural zoning commission that will	703
be conducting the hearing;	704

(2) A statement indicating that the motion, resolution, or	705
application is an amendment to the zoning resolution;	706

(3) A list of the addresses of all properties to be rezoned	707
or redistricted by the proposed amendment and of the names of	708
owners of these properties, as they appear on the county auditor's	709
current tax list;	710

(4) The present zoning classification of property named in	711
the proposed amendment and the proposed zoning classification of	712
that property;	713

(5) The time and place where the motion, resolution, or	714
application proposing to amend the zoning resolution will be	715
available for examination for a period of at least ten days prior	716
to the hearing;	717

(6) The name of the person responsible for giving notice of	718
the public hearing by publication, by mail, or by both publication	719
and mail;	720

(7) A statement that, after the conclusion of the hearing,	721
the matter will be submitted to the board of county commissioners	722
for its action;	723

(8) Any other information requested by the commission.

724

(D) If the proposed amendment alters the text of the zoning	725
resolution, or rezones or redistricts more than ten parcels of	726
land as listed on the county auditor's current tax list, the	727
published notice shall set forth the time, date, and place of the	728
public hearing and include all of the following:	729

(1) The name of the county rural zoning commission that will	730
be conducting the hearing on the proposed amendment;	731

(2) A statement indicating that the motion, application, or	732
resolution is an amendment to the zoning resolution;	733

(3) The time and place where the text and maps of the	734
proposed amendment will be available for examination for a period	735
of at least ten days prior to the hearing;	736

(4) The name of the person responsible for giving notice of	737
the hearing by publication;	738

(5) A statement that, after the conclusion of the hearing,	739
the matter will be submitted to the board of county commissioners	740
for its action;	741

(6) Any other information requested by the commission.

742

Hearings shall be held in the county court house or in a	743
public place designated by the commission.	744

(E) Within five days after the adoption of the motion	745
described in division (A) of this section, the certification of	746
the resolution described in division (A) of this section, or the	747
filing of the application described in division (A) of this	748
section, the county rural zoning commission shall transmit a copy	749
of it together with text and map pertaining to it to the county or	750
regional planning commission, if there is such a commission.	751

The county or regional planning commission shall recommend	752
the approval or denial of the proposed amendment or the approval	753
of some modification of it and shall submit its recommendation to	754
the county rural zoning commission. The recommendation shall be	755
considered at the public hearing held by the county rural zoning	756
commission on the proposed amendment.	757

The county rural zoning commission, within thirty days after	758
the hearing, shall recommend the approval or denial of the	759
proposed amendment, or the approval of some modification of it,	760
and shall submit that recommendation together with the motion,	761
application, or resolution involved, the text and map pertaining	762
to the proposed amendment, and the recommendation of the county or	763
regional planning commission on it to the board of county	764
commissioners.	765

The board of county commissioners, upon receipt of that	766
recommendation, shall set a time for a public hearing on the	767
proposed amendment, which date shall be not more than thirty days	768
from the date of the receipt of that recommendation. Notice of the	769
hearing shall be given by the board by one publication in one or	770
more newspapers of general circulation in the county, at least ten	771
days before the date of the hearing.	772

(F) If the proposed amendment intends to rezone or redistrict	773
ten or fewer parcels of land as listed on the county auditor's	774
current tax list, the published notice shall set forth the time,	775
date, and place of the public hearing and include all of the	776
following:	777

(1) The name of the board of county commissioners that will	778
be conducting the hearing;	779

(2) A statement indicating that the motion, application, or	780
resolution is an amendment to the zoning resolution;	781

(3) A list of the addresses of all properties to be rezoned	782
or redistricted by the proposed amendment and of the names of	783
owners of those properties, as they appear on the county auditor's	784
current tax list;	785

(4) The present zoning classification of property named in	786
the proposed amendment and the proposed zoning classification of	787
that property;	788

(5) The time and place where the motion, application, or	789
resolution proposing to amend the zoning resolution will be	790
available for examination for a period of at least ten days prior	791
to the hearing;	792

(6) The name of the person responsible for giving notice of	793
the hearing by publication, by mail, or by both publication and	794
mail;	795

(7) Any other information requested by the board.

796

(G) If the proposed amendment alters the text of the zoning	797
resolution, or rezones or redistricts more than ten parcels of	798
land as listed on the county auditor's current tax list, the	799
published notice shall set forth the time, date, and place of the	800
public hearing and include all of the following:	801

(1) The name of the board of county commissioners that will	802
be conducting the hearing on the proposed amendment;	803

(2) A statement indicating that the motion, application, or	804
resolution is an amendment to the zoning resolution;	805

(3) The time and place where the text and maps of the	806
proposed amendment will be available for examination for a period	807
of at least ten days prior to the hearing;	808

(4) The name of the person responsible for giving notice of	809
the hearing by publication;	810

(5) Any other information requested by the board.

811

(H) Within twenty days after its public hearing, the board of	812
county commissioners shall either adopt or deny the recommendation	813
of the county rural zoning commission or adopt some modification	814
of it. If the board denies or modifies the commission's	815
recommendation, a majority vote of the board shall be required.	816

The proposed amendment, if adopted by the board, shall become	817
effective in thirty days after the date of its adoption, unless,	818
within thirty days after the adoption, there is presented to the	819
board of county commissioners a petition, signed by a number of	820
qualified voters residing in the unincorporated area of the	821
township or part of that unincorporated area included in the	822
zoning plan equal to not less than eight per cent of the total	823
vote cast for all candidates for governor in that area at the most	824
recent general election at which a governor was elected,	825
requesting the board to submit the amendment to the electors of	826
that area for approval or rejection at a special election to be	827
held on the day of the next primary or general election occurring	828
at least ninety days after the petition is submitted. Each part of	829
this petition shall contain the number and the full and correct	830
title, if any, of the zoning amendment resolution, motion, or	831
application, furnishing the name by which the amendment is known	832
and a brief summary of its contents. In addition to meeting the	833
requirements of this section, each petition shall be governed by	834
the rules specified in section 3501.38 of the Revised Code.	835

The form of a petition calling for a zoning referendum and	836
the statement of the circulator shall be substantially as follows:	837

"PETITION FOR ZONING REFERENDUM	838

(if the proposal is identified by a particular name or number, or	839
both, these should be inserted here) ........................	840

A proposal to amend the zoning map of the unincorporated area	841
of .............. Township, ................... County, Ohio,	842
adopted ....... (date) .......... (followed by brief summary of	843
the proposal).	844

To the Board of County Commissioners of ..................	845
County, Ohio:	846

We, the undersigned, being electors residing in the	847
unincorporated area of ............... Township, included within	848
the ................. County Zoning Plan, equal to not less than	849
eight per cent of the total vote cast for all candidates for	850
governor in the area at the preceding general election at which a	851
governor was elected, request the Board of County Commissioners to	852
submit this amendment of the zoning resolution to the electors of	853
............. Township residing within the unincorporated area of	854
the township included in the ............... County Zoning	855
Resolution, for approval or rejection at a special election to be	856
held on the day of the next primary or general election to be held	857
on ........(date)......., pursuant to section 303.12 of the	858
Revised Code.	859

	Street Address				Date of	860
Signature	or R.F.D.	Township	Precinct	County	Signing	861
	862
	863

STATEMENT OF CIRCULATOR	864

I, .....................(name of circulator)...................,	865
declare under penalty of election falsification that I am an	866
elector of the state of Ohio and reside at the address appearing	867
below my signature; that I am the circulator of the foregoing part	868
petition containing .....(number)....... signatures; that I have	869
witnessed the affixing of every signature; that all signers were	870
to the best of my knowledge and belief qualified to sign; and that	871
every signature is to the best of my knowledge and belief the	872
signature of the person whose signature it purports to be or of an	873
attorney in fact acting pursuant to section 3501.382 of the	874
Revised Code.	875

			876
	(Signature of circulator)		877
			878
	(Address of circulator's permanent		879
	residence in this state)		880
			881
	(City, village, or township,		882
	and zip code)		883

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	884
OF THE FIFTH DEGREE."	885

No amendment for which such a referendum vote has been	886
requested shall be put into effect unless a majority of the vote	887
cast on the issue is in favor of the amendment. Upon certification	888
by the board of elections that the amendment has been approved by	889
the voters, it shall take immediate effect.	890

Within five working days after an amendment's effective date,	891
the board of county commissioners shall file the text and maps of	892
the amendment in the office of the county recorder and with the	893
regional or county planning commission, if one exists.	894

The failure to file any amendment, or any text and maps, or	895
duplicates of any of these documents, with the office of the	896
county recorder or the county or regional planning commission as	897
required by this section does not invalidate the amendment and is	898
not grounds for an appeal of any decision of the board of zoning	899
appeals.	900

Sec. 303.25. In any township in which there is in force a	901
plan of county zoning, the plan may be repealed by the board of	902
county commissioners, as to such township, in the following	903
manner:	904

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

905

(B) The board shall adopt a resolution, if there is presented	906
to it a petition, similar in all relevant aspects to that	907
prescribed in section 303.12 of the Revised Code, signed by a	908
number of qualified voters residing in the unincorporated area of	909
such township included in the zoning plan equal to not less than	910
eight per cent of the total vote cast for all candidates for	911
governor in such area at the most recent general election at which	912
a governor was elected, requesting the question of whether or not	913
the plan of zoning in effect in such township shall be repealed,	914
to be submitted to the electors residing in the unincorporated	915
area of the township included in the zoning plan at a special	916
election to be held on the day of the next primary or general	917
election. The resolution adopted by the board of county	918
commissioners to cause such question to be submitted to the	919
electors shall be certified to the board of elections not later	920
than ~~seventy-five~~ninety days prior to the day of election at	921
which the question is to be voted upon. In the event a majority of	922
the vote cast on such question in the township is in favor of	923
repeal of zoning, then such regulations shall no longer be of any	924
effect. Not more than one such election shall be held in any two	925
calendar years.	926

Sec. 305.02. (A) If a vacancy in the office of county	927
commissioner, prosecuting attorney, county auditor, county	928
treasurer, clerk of the court of common pleas, sheriff, county	929
recorder, county engineer, or coroner occurs more than ~~forty~~fifty	930
days before the next general election for state and county	931
officers, a successor shall be elected at such election for the	932
unexpired term unless such term expires within one year	933
immediately following the date of such general election.	934

In either event, the vacancy shall be filled as provided in	935
this section and the appointee shall hold ~~his~~ office until a	936
successor is elected and qualified.	937

(B) If a vacancy occurs from any cause in any of the offices	938
named in division (A) of this section, the county central	939
committee of the political party with which the last occupant of	940
the office was affiliated shall appoint a person to hold the	941
office and to perform the duties thereof until a successor is	942
elected and has qualified, except that if such vacancy occurs	943
because of the death, resignation, or inability to take the office	944
of an officer-elect whose term has not yet begun, an appointment	945
to take such office at the beginning of the term shall be made by	946
the central committee of the political party with which such	947
officer-elect was affiliated.	948

(C) Not less than five nor more than forty-five days after a	949
vacancy occurs, the county central committee shall meet for the	950
purpose of making an appointment under this section. Not less than	951
four days before the date of such meeting the ~~chairman~~chairperson	952
or secretary of such central committee shall send by first class	953
mail to every member of such central committee a written notice	954
which shall state the time and place of such meeting and the	955
purpose thereof. A majority of the members of the central	956
committee present at such meeting may make the appointment.	957

(D) If the last occupant of the office or the officer-elect	958
was elected as an independent candidate, the board of county	959
commissioners shall make such appointment at the time when the	960
vacancy occurs, except where the vacancy is in the office of	961
county commissioner, in which case the prosecuting attorney and	962
the remaining commissioners or a majority of them shall make the	963
appointment.	964

(E) Appointments made under this section shall be certified	965
by the appointing county central committee or by the board of	966
county commissioners to the county board of elections and to the	967
secretary of state, and the persons so appointed and certified	968
shall be entitled to all remuneration provided by law for the	969
offices to which they are appointed.	970

(F) The board of county commissioners may appoint a person to	971
hold any of the offices named in division (A) of this section as	972
an acting officer and to perform the duties thereof between the	973
occurrence of the vacancy and the time when the officer appointed	974
by the central committee qualifies and takes the office.	975

(G) A person appointed prosecuting attorney or assistant	976
prosecuting attorney shall give bond and take the oath of office	977
prescribed by section 309.03 of the Revised Code for the	978
prosecuting attorney.	979

Sec. 305.31. The procedure for submitting to a referendum a	980
resolution adopted by a board of county commissioners under	981
division (H) of section 307.695 of the Revised Code that is not	982
submitted to the electors of the county for their approval or	983
disapproval; any resolution adopted by a board of county	984
commissioners pursuant to division (D)(1) of section 307.697,	985
section 322.02, 322.06, or 324.02, sections 1515.22 and 1515.24,	986
division (B)(1) of section 4301.421, section 4504.02, 5739.021, or	987
5739.026, division (A)(6) of section 5739.09, section 5741.021 or	988
5741.023, or division (C)(1) of section 5743.024 of the Revised	989
Code; or a rule adopted pursuant to section 307.79 of the Revised	990
Code shall be as prescribed by this section.	991

Except as otherwise provided in this paragraph, when a	992
petition, signed by ten per cent of the number of electors who	993
voted for governor at the most recent general election for the	994
office of governor in the county, is filed with the county auditor	995
within thirty days after the date the resolution is passed or rule	996
is adopted by the board of county commissioners, or is filed	997
within forty-five days after the resolution is passed, in the case	998
of a resolution adopted pursuant to section 5739.021 of the	999
Revised Code that is passed within one year after a resolution	1000
adopted pursuant to that section has been rejected or repealed by	1001
the electors, requesting that the resolution be submitted to the	1002
electors of the county for their approval or rejection, the county	1003
auditor shall, after ten days following the filing of the	1004
petition, and not later than four p.m. of the ~~seventy-fifth~~	1005
ninetieth day before the day of election, transmit a certified	1006
copy of the text of the resolution or rule to the board of	1007
elections. In the case of a petition requesting that a resolution	1008
adopted under division (D)(1) of section 307.697, division (B)(1)	1009
of section 4301.421, or division (C)(1) of section 5743.024 of the	1010
Revised Code be submitted to electors for their approval or	1011
rejection, the petition shall be signed by seven per cent of the	1012
number of electors who voted for governor at the most recent	1013
election for the office of governor in the county. The county	1014
auditor shall transmit the petition to the board together with the	1015
certified copy of the resolution or rule. The board shall examine	1016
all signatures on the petition to determine the number of electors	1017
of the county who signed the petition. The board shall return the	1018
petition to the auditor within ten days after receiving it,	1019
together with a statement attesting to the number of such electors	1020
who signed the petition. The board shall submit the resolution or	1021
rule to the electors of the county, for their approval or	1022
rejection, at the succeeding general election held in the county	1023
in any year, or on the day of the succeeding primary election held	1024
in the county in even-numbered years, occurring subsequent to	1025
~~seventy-five~~ninety days after the auditor certifies the	1026
sufficiency and validity of the petition to the board of	1027
elections.	1028

No resolution shall go into effect until approved by the	1029
majority of those voting upon it. However, a rule shall take	1030
effect and remain in effect unless and until a majority of the	1031
electors voting on the question of repeal approve the repeal.	1032
Sections 305.31 to 305.41 of the Revised Code do not prevent a	1033
county, after the passage of any resolution or adoption of any	1034
rule, from proceeding at once to give any notice or make any	1035
publication required by the resolution or rule.	1036

The board of county commissioners shall make available to any	1037
person, upon request, a certified copy of any resolution or rule	1038
subject to the procedure for submitting a referendum under	1039
sections 305.31 to 305.42 of the Revised Code beginning on the	1040
date the resolution or rule is adopted by the board. The board may	1041
charge a fee for the cost of copying the resolution or rule.	1042

As used in this section, "certified copy" means a copy	1043
containing a written statement attesting that it is a true and	1044
exact reproduction of the original resolution or rule.	1045

Sec. 306.32. Any county, or any two or more counties,	1046
municipal corporations, or townships, or any combination of these,	1047
may create a regional transit authority by the adoption of a	1048
resolution or ordinance by the board of county commissioners of	1049
each county, the legislative authority of each municipal	1050
corporation, and the board of township trustees of each township	1051
which is to create or to join in the creation of the regional	1052
transit authority. The resolution or ordinance shall state:	1053

(A) The necessity for the creation of a regional transit	1054
authority;	1055

(B) The counties, municipal corporations, or townships which	1056
are to create or to join in the creation of the regional transit	1057
authority;	1058

(C) The official name by which the regional transit authority	1059
shall be known;	1060

(D) The place in which the principal office of the regional	1061
transit authority will be located or the manner in which it may be	1062
selected;	1063

(E) The number, term, and compensation, or method for	1064
establishing compensation, of the members of the board of trustees	1065
of the regional transit authority. Compensation shall not exceed	1066
fifty dollars for each board and committee meeting attended by a	1067
member, except that if compensation is provided annually it shall	1068
not exceed six thousand dollars for the president of the board or	1069
four thousand eight hundred dollars for each other board member.	1070

(F) The manner in which vacancies on the board of trustees of	1071
the regional transit authority shall be filled;	1072

(G) The manner and to what extent the expenses of the	1073
regional transit authority shall be apportioned among the	1074
counties, municipal corporations, and townships creating it;	1075

(H) The purposes, including the kinds of transit facilities,	1076
for which the regional transit authority is organized.	1077

The regional transit authority provided for in the resolution	1078
or ordinance shall be deemed to be created upon the adoption of	1079
the resolution or ordinance by the board of county commissioners	1080
of each county, the legislative authority of each municipal	1081
corporation, and the board of township trustees of each township	1082
enumerated in the resolution or ordinance.	1083

The resolution or ordinance creating a regional transit	1084
authority may be amended to include additional counties, municipal	1085
corporations, or townships or for any other purpose, by the	1086
adoption of the amendment by the board of county commissioners of	1087
each county, the legislative authority of each municipal	1088
corporation, and the board of township trustees of each township	1089
which has created or joined or proposes to join the regional	1090
transit authority.	1091

After each county, municipal corporation, and township which	1092
has created or joined or proposes to join the regional transit	1093
authority has adopted its resolution or ordinance approving	1094
inclusion of additional counties, municipal corporations, or	1095
townships in the regional transit authority, a copy of each	1096
resolution or ordinance shall be filed with the clerk of the board	1097
of the county commissioners of each county, the clerk of the	1098
legislative authority of each municipal corporation, and the	1099
fiscal officer of the board of trustees of each township proposed	1100
to be included in the regional transit authority. The inclusion is	1101
effective when all such filing has been completed, unless the	1102
regional transit authority to which territory is to be added has	1103
authority to levy an ad valorem tax on property, or a sales tax,	1104
within its territorial boundaries, in which event the inclusion	1105
shall become effective on the sixtieth day after the last such	1106
filing is accomplished, unless, prior to the expiration of the	1107
sixty-day period, qualified electors residing in the area proposed	1108
to be added to the regional transit authority, equal in number to	1109
at least ten per cent of the qualified electors from the area who	1110
voted for governor at the last gubernatorial election, file a	1111
petition of referendum against the inclusion. Any petition of	1112
referendum filed under this section shall be filed at the office	1113
of the secretary of the board of trustees of the regional transit	1114
authority. The person presenting the petition shall be given a	1115
receipt containing on it the time of the day, the date, and the	1116
purpose of the petition. The secretary of the board of trustees of	1117
the regional transit authority shall cause the appropriate board	1118
or boards of elections to check the sufficiency of signatures on	1119
any petition of referendum filed under this section and, if found	1120
to be sufficient, shall present the petition to the board of	1121
trustees at a meeting of said board which occurs not later than	1122
thirty days following the filing of said petition. Upon	1123
presentation to the board of trustees of a petition of referendum	1124
against the proposed inclusion, the board of trustees shall	1125
promptly certify the proposal to the board or boards of elections	1126
for the purpose of having the proposal placed on the ballot at the	1127
next general or primary election which occurs not less than	1128
~~seventy-five~~ninety days after the date of the meeting of said	1129
board, or at a special election, the date of which shall be	1130
specified in the certification, which date shall be not less than	1131
~~seventy-five~~ninety days after the date of such meeting of the	1132
board. Signatures on a petition of referendum may be withdrawn up	1133
to and including the meeting of the board of trustees certifying	1134
the proposal to the appropriate board or boards of elections. If	1135
territory of more than one county, municipal corporation, or	1136
township is to be added to the regional transit authority, the	1137
electors of the territories of the counties, municipal	1138
corporations, or townships which are to be added shall vote as a	1139
district, and the majority affirmative vote shall be determined by	1140
the vote cast in the district as a whole. Upon certification of a	1141
proposal to the appropriate board or boards of elections pursuant	1142
to this section, the board or boards of election shall make the	1143
necessary arrangements for the submission of the question to the	1144
electors of the territory to be added to the regional transit	1145
authority qualified to vote on the question, and the election	1146
shall be held, canvassed, and certified in the manner provided for	1147
the submission of tax levies under section 5705.191 of the Revised	1148
Code, except that the question appearing on the ballot shall read:	1149

"Shall the territory within the .........................	1150
(Name or names of political subdivisions to be joined) be added to	1151
.................................. (Name) regional transit	1152
authority?" and shall a(n) .......... (here insert type of tax or	1153
taxes) at a rate of taxation not to exceed ..... (here insert	1154
maximum tax rate or rates) be levied for all transit purposes?"	1155

If the question is approved by at least a majority of the	1156
electors voting on the question, the joinder is immediately	1157
effective, and the regional transit authority may extend the levy	1158
of the tax against all the taxable property within the territory	1159
which has been added. If the question is approved at a general	1160
election or at a special election occurring prior to the general	1161
election but after the fifteenth day of July, the regional transit	1162
authority may amend its budget and resolution adopted pursuant to	1163
section 5705.34 of the Revised Code, and the levy shall be placed	1164
on the current tax list and duplicate and collected as other taxes	1165
are collected from all taxable property within the territorial	1166
boundaries of the regional transit authority, including the	1167
territory within each political subdivision added as a result of	1168
the election.	1169

The territorial boundaries of a regional transit authority	1170
shall be coextensive with the territorial boundaries of the	1171
counties, municipal corporations, and townships included within	1172
the regional transit authority, provided that the same area may be	1173
included in more than one regional transit authority so long as	1174
the regional transit authorities are not organized for purposes as	1175
provided for in the resolutions or ordinances creating the same,	1176
and any amendments to them, relating to the same kinds of transit	1177
facilities; and provided further, that if a regional transit	1178
authority includes only a portion of an entire county, a regional	1179
transit authority for the same purposes may be created in the	1180
remaining portion of the same county by resolution of the board of	1181
county commissioners acting alone or in conjunction with municipal	1182
corporations and townships as provided in this section.	1183

No regional transit authority shall be organized after	1184
January 1, 1975, to include any area already included in a	1185
regional transit authority, except that any regional transit	1186
authority organized after June 29, 1974, and having territorial	1187
boundaries entirely within a single county shall, upon adoption by	1188
the board of county commissioners of the county of a resolution	1189
creating a regional transit authority including within its	1190
territorial jurisdiction the existing regional transit authority	1191
and for purposes including the purposes for which the existing	1192
regional transit authority was created, be dissolved and its	1193
territory included in such new regional transit authority. Any	1194
resolution creating such a new regional transit authority shall	1195
make adequate provision for satisfaction of the obligations of the	1196
dissolved regional transit authority.	1197

Sec. 306.321. The resolution or ordinance creating a	1198
regional transit authority may be amended to include additional	1199
counties, municipal corporations, or townships by the adoption of	1200
an amendment by the board of county commissioners of each county,	1201
the legislative authority of each municipal corporation, and the	1202
board of township trustees of each township which has created or,	1203
prior to the adoption of the amendment, joined or proposes to join	1204
the regional transit authority.	1205

After each county, municipal corporation, and township which	1206
has created or, prior to the adoption of the amendment, joined or	1207
proposes to join the regional transit authority has adopted its	1208
resolution or ordinance approving inclusion of additional	1209
counties, municipal corporations, or townships in the regional	1210
transit authority, a copy of each resolution or ordinance shall be	1211
filed with the clerk of the board of the county commissioners of	1212
each county, the clerk of the legislative authority of each	1213
municipal corporation, and the fiscal officer of the board of	1214
trustees of each township proposed to be included in the regional	1215
transit authority.	1216

Any ordinances or resolutions adopted pursuant to this	1217
section approving inclusion of additional counties, municipal	1218
corporations, or townships in the regional transit authority shall	1219
provide that the board of trustees of the regional transit	1220
authority must, not later than the tenth day following the day on	1221
which the filing of the ordinances or resolutions, as required by	1222
the immediately preceding paragraph, is completed, adopt its	1223
resolution providing for submission to the electors of the	1224
regional transit authority as enlarged, of the question pursuant	1225
to section 306.49 of the Revised Code, of the renewal, the renewal	1226
and increase, or the increase of, or the imposition of an	1227
additional, ad valorem tax, or of the question pursuant to section	1228
306.70 of the Revised Code, of the renewal, the renewal and	1229
increase, or the increase of, or the imposition of an additional,	1230
sales and use tax. The resolution submitting the question of the	1231
tax shall specify the date of the election, which shall be not	1232
less than ~~seventy-five~~ninety days after certification of the	1233
resolution to the board of elections and which shall be consistent	1234
with the requirements of section 3501.01 of the Revised Code. The	1235
inclusion of the territory of the additional counties, municipal	1236
corporations, or townships in the regional transit authority shall	1237
be effective as of the date on which the resolution of the board	1238
of trustees of the regional transit authority is adopted	1239
submitting the question to the electors, provided that until the	1240
question is approved, existing contracts providing payment for	1241
transit services within the added territory shall remain in effect	1242
and transit services shall not be affected by the inclusion of the	1243
additional territory. The resolution shall be certified to the	1244
board of elections and the election shall be held, canvassed, and	1245
certified as provided in section 306.49 of the Revised Code in the	1246
case of an ad valorem tax or in section 306.70 of the Revised Code	1247
in the case of a sales and use tax.	1248

If the question of the tax which is submitted is not approved	1249
by a majority of the electors of the enlarged regional transit	1250
authority voting on the question, as of the day following the day	1251
on which the results of the election become conclusive, the	1252
additional counties, municipal corporations, or townships, which	1253
had been included in the regional transit authority as of the date	1254
of the adoption of the resolution submitting to the electors the	1255
question, shall be removed from the territory of the regional	1256
transit authority and shall no longer be a part of that authority	1257
without any further action by either the political subdivisions	1258
which were included in the authority prior to the adoption of the	1259
resolution submitting the question to the electors or of the	1260
political subdivisions added to the authority as a result of the	1261
adoption of the resolution. The regional transit authority reduced	1262
to its territory as it existed prior to the inclusion of the	1263
additional counties, municipal corporations, or townships, shall	1264
be entitled to levy and collect any ad valorem or sales and use	1265
taxes which it was authorized to levy and collect prior to the	1266
enlargement of its territory and for which authorization has not	1267
expired, as if the enlargement had not occurred.	1268

If the question of the tax which is submitted provides for a	1269
sales and use tax to be imposed and the question is approved, and	1270
the regional transit authority had previously been authorized	1271
pursuant to section 306.49 of the Revised Code to levy an ad	1272
valorem tax, the regional transit authority shall appropriate from	1273
the first moneys received from the sales and use tax in each year,	1274
the full amount required in order to pay the principal of and	1275
interest on any notes of the regional transit authority issued	1276
pursuant to section 306.49 of the Revised Code, in anticipation of	1277
the collection of the ad valorem tax; and shall not thereafter	1278
levy and collect the ad valorem tax previously approved unless the	1279
levy and collection is necessary to pay the principal of and	1280
interest on notes issued in anticipation of the tax in order to	1281
avoid impairing the obligation of the contract between the	1282
regional transit authority and the note holders.	1283

If the question of the additional or renewal tax levy is	1284
approved, the tax may be levied and collected as is otherwise	1285
provided for an ad valorem tax or a sales and use tax imposed by a	1286
regional transit authority, provided that if a question relating	1287
to an ad valorem tax is approved at the general election or at a	1288
special election occurring prior to a general election, but after	1289
the fifteenth day of July, the regional transit authority may	1290
amend its budget for its next fiscal year and its resolution	1291
adopted pursuant to section 5705.34 of the Revised Code or adopt	1292
such resolution, and the levy shall be placed on the current tax	1293
list and duplicate and collected as all other taxes are collected	1294
from all taxable property within the enlarged territory of the	1295
regional transit authority including the territory within each	1296
political subdivision which has been added to the regional transit	1297
authority pursuant to this section, provided further that if a	1298
question relating to sales and use tax is approved after the	1299
fifteenth day of July in any calendar year, the regional transit	1300
authority may amend its budget for the current and next fiscal	1301
year and any resolution adopted pursuant to section 5705.34 of the	1302
Revised Code, to reflect the imposition of the sales and use tax	1303
and shall amend its budget for the next fiscal year and any	1304
resolution adopted pursuant to section 5705.34 of the Revised Code	1305
to comply with the immediately preceding paragraph. If the budget	1306
of the regional transit authority is amended pursuant to this	1307
paragraph, the county auditor shall prepare and deliver an amended	1308
certificate of estimated resources to reflect the change in	1309
anticipated revenues of the regional transit authority.	1310

The procedures of this section are in addition to and an	1311
alternative to those established in section 306.32 of the Revised	1312
Code for joining to a regional transit authority additional	1313
counties, municipal corporations, or townships.	1314

Sec. 306.70. A tax proposed to be levied by a board of	1315
county commissioners or by the board of trustees of a regional	1316
transit authority pursuant to sections 5739.023 and 5741.022 of	1317
the Revised Code shall not become effective until it is submitted	1318
to the electors residing within the county or within the	1319
territorial boundaries of the regional transit authority and	1320
approved by a majority of the electors voting on it. Such question	1321
shall be submitted at a general election or at a special election	1322
on a day specified in the resolution levying the tax and occurring	1323
not less than ~~seventy-five~~ninety days after such resolution is	1324
certified to the board of elections, in accordance with section	1325
3505.071 of the Revised Code.	1326

The board of elections of the county or of each county in	1327
which any territory of the regional transit authority is located	1328
shall make the necessary arrangements for the submission of such	1329
question to the electors of the county or regional transit	1330
authority, and the election shall be held, canvassed, and	1331
certified in the same manner as regular elections for the election	1332
of county officers. Notice of the election shall be published in	1333
one or more newspapers which in the aggregate are of general	1334
circulation in the territory of the county or of the regional	1335
transit authority once a week for two consecutive weeks prior to	1336
the election and, if the board of elections operates and maintains	1337
a web site, notice of the election also shall be posted on that	1338
web site for thirty days prior to the election. The notice shall	1339
state the type, rate, and purpose of the tax to be levied, the	1340
length of time during which the tax will be in effect, and the	1341
time and place of the election.	1342

More than one such question may be submitted at the same	1343
election. The form of the ballots cast at such election shall be:	1344

"Shall a(n) ................ (sales and use) .............	1345
tax be levied for all transit purposes of the ..................	1346
(here insert name of the county or regional transit authority) at	1347
a rate not exceeding ................... (here insert percentage)	1348
per cent for ................ (here insert number of years the tax	1349
is to be in effect, or that it is to be in effect for a continuing	1350
period of time)?"	1351

If the tax proposed to be levied is a continuation of an	1352
existing tax, whether at the same rate or at an increased or	1353
reduced rate, or an increase in the rate of an existing tax, the	1354
notice and ballot form shall so state.	1355

The board of elections to which the resolution was certified	1356
shall certify the results of the election to the county auditor of	1357
the county or secretary-treasurer of the regional transit	1358
authority levying the tax and to the tax commissioner of the	1359
state.	1360

Sec. 306.71. The question of the decrease of the rate of a	1361
tax approved for a continuing period of time by the voters of a	1362
county or regional transit authority pursuant to sections 5739.023	1363
and 5741.022 of the Revised Code may be initiated by the filing of	1364
a petition with the board of elections of the county, or in the	1365
case of a regional transit authority with the board of elections	1366
as determined pursuant to section 3505.071 of the Revised Code,	1367
prior to the ~~seventy-fifth~~ninetieth day before the general	1368
election in any year requesting that an election be held on such	1369
question. Such petition shall state the amount of the proposed	1370
decrease in the rate of the tax and shall be signed by at least	1371
ten per cent of the number of qualified electors residing in such	1372
county, or in the territory of the regional transit authority, who	1373
voted at the last general election.	1374

After determination by it that such petition is valid, the	1375
board of elections shall submit the question to the electors of	1376
the county or regional transit authority at the succeeding general	1377
election. The election shall be conducted, notice thereof shall be	1378
given, and the results thereof shall be certified in the manner	1379
provided in section 306.70 of the Revised Code. If a majority of	1380
the qualified electors voting on such question approve the	1381
proposed decrease in rate, such decrease in rate shall become	1382
effective on the first day of the second January after such	1383
election.	1384

In any case where bonds, or notes in anticipation of bonds,	1385
of a regional transit authority have been issued under section	1386
306.40 of the Revised Code without a vote of the electors while	1387
the tax proposed to be reduced was in effect, the board of	1388
trustees of the regional transit authority shall continue to levy	1389
and collect under authority of the original election authorizing	1390
the tax a rate of tax in each year which the authority reasonably	1391
estimates will produce an amount in that year equal to the amount	1392
of principal of and interest on such bonds as is payable in that	1393
year.	1394

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

1395

(1) "Food and beverages" means any raw, cooked, or processed	1396
edible substance used or intended for use in whole or in part for	1397
human consumption, including ice, water, spirituous liquors, wine,	1398
mixed beverages, beer, soft drinks, soda, and other beverages.	1399

(2) "Convention facilities authority" has the same meaning as	1400
in section 351.01 of the Revised Code.	1401

(3) "Convention center" has the same meaning as in section	1402
307.695 of the Revised Code.	1403

(B) The legislative authority of a county with a population	1404
of one million or more according to the most recent federal	1405
decennial census may, by resolution adopted on or before August	1406
30, 2004, by a majority of the members of the legislative	1407
authority and with the subsequent approval of a majority of the	1408
electors of the county voting upon it, levy a tax of not more than	1409
two per cent on every retail sale in the county of food and	1410
beverages to be consumed on the premises where sold to pay the	1411
expenses of administering the tax and to provide revenues for the	1412
county general fund. Such resolution shall direct the board of	1413
elections to submit the question of levying the tax to the	1414
electors of the county at the next primary or general election in	1415
the county occurring not less than ~~seventy-five~~ninety days after	1416
the resolution is certified to the board of elections, and such	1417
resolution may further direct the board of elections to include	1418
upon the ballot submitted to the electors any specific purposes	1419
for which the tax will be used. The legislative authority shall	1420
establish all regulations necessary to provide for the	1421
administration and allocation of the tax. The regulations may	1422
prescribe the time for payment of the tax and may provide for	1423
imposition of a penalty, interest, or both for late payments,	1424
provided that any such penalty may not exceed ten per cent of the	1425
amount of tax due and the rate at which interest accrues may not	1426
exceed the rate per annum required under section 5703.47 of the	1427
Revised Code.	1428

(C) A tax levied under this section shall remain in effect	1429
for the period of time specified in the resolution or ordinance	1430
levying the tax, but in no case for a longer period than forty	1431
years.	1432

(D) A tax levied under this section is in addition to any	1433
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	1434
or any other chapter of the Revised Code. "Price," as defined in	1435
sections 5739.01 and 5741.01 of the Revised Code, does not include	1436
any tax levied under this section and any tax levied under this	1437
section does not include any tax imposed under Chapter 5739. or	1438
5741. of the Revised Code.	1439

(E)(1) No amount collected from a tax levied under this	1440
section shall be contributed to a convention facilities authority,	1441
corporation, or other entity created after July 1, 2003, for the	1442
principal purpose of constructing, improving, expanding,	1443
equipping, financing, or operating a convention center unless the	1444
mayor of the municipal corporation in which the convention center	1445
is to be operated by that convention facilities authority,	1446
corporation, or other entity has consented to the creation of that	1447
convention facilities authority, corporation, or entity.	1448
Notwithstanding any contrary provision of section 351.04 of the	1449
Revised Code, if a tax is levied by a county under this section,	1450
the board of county commissioners of that county may determine the	1451
manner of selection, the qualifications, the number, and terms of	1452
office of the members of the board of directors of any convention	1453
facilities authority, corporation, or other entity described in	1454
division (E)(1) of this section.	1455

(2)(a) No amount collected from a tax levied under this	1456
section may be used for any purpose other than paying the direct	1457
and indirect costs of constructing, improving, expanding,	1458
equipping, financing, or operating a convention center and for the	1459
real and actual costs of administering the tax, unless, prior to	1460
the adoption of the resolution of the legislative authority of the	1461
county directing the board of elections to submit the question of	1462
the levy, extension, or increase to the electors of the county,	1463
the county and the mayor of the most populous municipal	1464
corporation in that county have entered into an agreement as to	1465
the use of such amounts, provided that such agreement has been	1466
approved by a majority of the mayors of the other municipal	1467
corporations in that county. The agreement shall provide that the	1468
amounts to be used for purposes other than paying the convention	1469
center or administrative costs described in division (E)(2)(a) of	1470
this section be used only for the direct and indirect costs of	1471
capital improvements in accordance with the agreement, including	1472
the financing of capital improvements. Immediately following the	1473
execution of the agreement, the county shall:	1474

(i) In accordance with section 7.12 of the Revised Code,	1475
cause the agreement to be published at least once in a newspaper	1476
of general circulation in that county; or	1477

(ii) Post the agreement in at least five public places in the	1478
county, as determined by the legislative authority, for a period	1479
not less than fifteen days.	1480

(b) If the county in which the tax is levied has an	1481
association of mayors and city managers, the approval of that	1482
association of an agreement described in division (E)(2)(a) of	1483
this section shall be considered to be the approval of the	1484
majority of the mayors of the other municipal corporations for	1485
purposes of that division.	1486

(F) Each year, the auditor of state shall conduct an audit of	1487
the uses of any amounts collected from taxes levied under this	1488
section and shall prepare a report of the auditor of state's	1489
findings. The auditor of state shall submit the report to the	1490
legislative authority of the county that has levied the tax, the	1491
speaker of the house of representatives, the president of the	1492
senate, and the leaders of the minority parties of the house of	1493
representatives and the senate.	1494

(G) The levy of any taxes under Chapter 5739. of the Revised	1495
Code on the same transactions subject to a tax under this section	1496
does not prevent the levy of a tax under this section.	1497

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

1498

(1) "Food and beverages" means any raw, cooked, or processed	1499
edible substance used or intended for use in whole or in part for	1500
human consumption, including ice, water, spirituous liquors, wine,	1501
mixed beverages, beer, soft drinks, soda, and other beverages.	1502

(2) "Convention facilities authority" has the same meaning as	1503
in section 351.01 of the Revised Code.	1504

(3) "Convention center" has the same meaning as in section	1505
307.695 of the Revised Code.	1506

(B) The legislative authority of a county with a population	1507
of one million two hundred thousand or more according to the most	1508
recent federal decennial census or the most recent annual	1509
population estimate published or released by the United States	1510
census bureau at the time the resolution is adopted placing the	1511
levy on the ballot, may, by resolution adopted on or before July	1512
1, 2008, by a majority of the members of the legislative authority	1513
and with the subsequent approval of a majority of the electors of	1514
the county voting upon it, levy a tax of not more than two per	1515
cent on every retail sale in the county of food and beverages to	1516
be consumed on the premises where sold to pay the expenses of	1517
administering the tax and to provide revenues for paying the	1518
direct and indirect costs of constructing, improving, expanding,	1519
equipping, financing, or operating a convention center. The	1520
resolution shall direct the board of elections to submit the	1521
question of levying the tax to the electors of the county at the	1522
next primary or general election in the county occurring not less	1523
than ~~seventy-five~~ninety days after the resolution is certified to	1524
the board of elections. The legislative authority shall establish	1525
all rules necessary to provide for the administration and	1526
allocation of the tax. The rules may prescribe the time for	1527
payment of the tax and may provide for imposition of a penalty,	1528
interest, or both for late payments, but any such penalty shall	1529
not exceed ten per cent of the amount of tax due and the rate at	1530
which interest accrues shall not exceed the rate per annum	1531
required under section 5703.47 of the Revised Code.	1532

(C) A tax levied under this section shall remain in effect	1533
for the period of time specified in the resolution or ordinance	1534
levying the tax, but not for a longer period than forty years.	1535

(D) A tax levied under this section is in addition to any	1536
other tax levied under Chapter 307., 4301., 4305., 5739., 5741.,	1537
or any other chapter of the Revised Code. "Price," as defined in	1538
sections 5739.01 and 5741.01 of the Revised Code, does not include	1539
any tax levied under this section and any tax levied under this	1540
section does not include any tax imposed under Chapter 5739. or	1541
5741. of the Revised Code.	1542

(E) Any amount collected from a tax levied under this section	1543
may be contributed to a convention facilities authority created	1544
before July 1, 2005, but no amount collected from a tax levied	1545
under this section may be contributed to a convention facilities	1546
authority, corporation, or other entity created after July 1,	1547
2005, unless the mayor of the municipal corporation in which the	1548
convention center is to be operated by that convention facilities	1549
authority, corporation, or other entity has consented to the	1550
creation of that convention facilities authority, corporation, or	1551
entity.	1552

(F) The levy of any taxes under Chapter 5739. of the Revised	1553
Code on the same transactions subject to a tax under this section	1554
does not prevent the levy of a tax under this section.	1555

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

1556

(1) "Arena" means any structure designed and constructed for	1557
the purpose of providing a venue for public entertainment and	1558
recreation by the presentation of concerts, sporting and athletic	1559
events, and other events and exhibitions, including facilities	1560
intended to house or provide a site for one or more athletic or	1561
sports teams or activities, spectator facilities, parking	1562
facilities, walkways, and auxiliary facilities, real and personal	1563
property, property rights, easements, leasehold estates, and	1564
interests that may be appropriate for, or used in connection with,	1565
the operation of the arena.	1566

(2) "Convention center" means any structure expressly	1567
designed and constructed for the purposes of presenting	1568
conventions, public meetings, and exhibitions and includes parking	1569
facilities that serve the center and any personal property used in	1570
connection with any such structure or facilities.	1571

(3) "Eligible county" means a county having a population of	1572
at least four hundred thousand but not more than eight hundred	1573
thousand according to the 2000 federal decennial census and that	1574
directly borders the geographic boundaries of another state.	1575

(4) "Entity" means a nonprofit corporation, a municipal	1576
corporation, a port authority created under Chapter 4582. of the	1577
Revised Code, or a convention facilities authority created under	1578
Chapter 351. of the Revised Code.	1579

(5) "Lodging taxes" means excise taxes levied under division	1580
(A)(1), (A)(2), or (C) of section 5739.09 of the Revised Code and	1581
the revenues arising therefrom.	1582

(6) "Nonprofit corporation" means a nonprofit corporation	1583
that is organized under the laws of this state and that includes	1584
within the purposes for which it is incorporated the authorization	1585
to lease and operate facilities such as a convention center or an	1586
arena or a combination of an arena and convention center.	1587

(7) "Project" means acquiring, constructing, reconstructing,	1588
renovating, rehabilitating, expanding, adding to, equipping,	1589
furnishing or otherwise improving an arena, a convention center,	1590
or a combination of an arena and convention center. For purposes	1591
of this section, a project is a permanent improvement for one	1592
purpose under Chapter 133. of the Revised Code.	1593

(8) "Project revenues" means money received by a county with	1594
a population greater than four hundred thousand wherein the	1595
population of the largest city comprises more than one-third of	1596
that county's population, other than money from taxes or from the	1597
proceeds of securities secured by taxes, in connection with,	1598
derived from, related to, or resulting from a project, including,	1599
but not limited to, rentals and other payments received under a	1600
lease or agreement with respect to the project, ticket charges or	1601
surcharges for admission to events at a project, charges or	1602
surcharges for parking for events at a project, charges for the	1603
use of a project or any portion of a project, including suites and	1604
seating rights, the sale of naming rights for the project or a	1605
portion of the project, unexpended proceeds of any county revenue	1606
bonds issued for the project, and any income and profit from the	1607
investment of the proceeds of any such revenue bonds or any	1608
project revenues.	1609

(9) "Chapter 133. securities," "debt charges," "general	1610
obligation," "legislation," "one purpose," "outstanding,"	1611
"permanent improvement," "person," and "securities" have the	1612
meanings given to those terms in section 133.01 of the Revised	1613
Code.	1614

(B) A board of county commissioners may enter into an	1615
agreement with a convention and visitors' bureau operating in the	1616
county under which:	1617

(1) The bureau agrees to construct and equip a convention	1618
center in the county and to pledge and contribute from the tax	1619
revenues received by it under division (A) of section 5739.09 of	1620
the Revised Code, not more than such portion thereof that it is	1621
authorized to pledge and contribute for the purpose described in	1622
division (C) of this section; and	1623

(2) The board agrees to levy a tax under division (C) of	1624
section 5739.09 of the Revised Code and pledge and contribute the	1625
revenues therefrom for the purpose described in division (C) of	1626
this section.	1627

(C) The purpose of the pledges and contributions described in	1628
divisions (B)(1) and (2) of this section is payment of principal,	1629
interest, and premium, if any, on bonds and notes issued by or for	1630
the benefit of the bureau to finance the construction and	1631
equipping of a convention center. The pledges and contributions	1632
provided for in the agreement shall be for the period stated in	1633
the agreement. Revenues determined from time to time by the board	1634
to be needed to cover the real and actual costs of administering	1635
the tax imposed by division (C) of section 5739.09 of the Revised	1636
Code may not be pledged or contributed. The agreement shall	1637
provide that any such bonds and notes shall be secured by a trust	1638
agreement between the bureau or other issuer acting for the	1639
benefit of the bureau and a corporate trustee that is a trust	1640
company or bank having the powers of a trust company within or	1641
without the state, and the trust agreement shall pledge or assign	1642
to the retirement of the bonds or notes, all moneys paid by the	1643
county under this section. A tax the revenues from which are	1644
pledged under an agreement entered into by a board of county	1645
commissioners under this section shall not be subject to	1646
diminution by initiative or referendum, or diminution by statute,	1647
unless provision is made therein for an adequate substitute	1648
therefor reasonably satisfactory to the trustee under the trust	1649
agreement that secures the bonds and notes.	1650

(D) A pledge of money by a county under division (B) of this	1651
section shall not be indebtedness of the county for purposes of	1652
Chapter 133. of the Revised Code.	1653

(E) If the terms of the agreement so provide, the board of	1654
county commissioners may acquire and lease real property to the	1655
convention bureau as the site of the convention center. The lease	1656
shall be on such terms as are set forth in the agreement. The	1657
purchase and lease are not subject to the limitations of sections	1658
307.02 and 307.09 of the Revised Code.	1659

(F) In addition to the authority granted to a board of county	1660
commissioners under divisions (B) to (E) of this section, a board	1661
of county commissioners in a county with a population of one	1662
million two hundred thousand or more, or a county with a	1663
population greater than four hundred thousand wherein the	1664
population of the largest city comprises more than one-third of	1665
that county's population, may purchase, for cash or by installment	1666
payments, enter into lease-purchase agreements for, lease with an	1667
option to purchase, lease, construct, enlarge, improve, rebuild,	1668
equip, or furnish a convention center.	1669

(G) The board of county commissioners of a county with a	1670
population greater than four hundred thousand wherein the	1671
population of the largest city comprises more than one-third of	1672
that county's population may undertake, finance, operate, and	1673
maintain a project. The board may lease a project to an entity on	1674
terms that the board determines to be in the best interest of the	1675
county and in furtherance of the public purpose of the project;	1676
the lease may be for a term of thirty-five years or less and may	1677
provide for an option of the entity to renew the lease for a term	1678
of thirty-five years or less. The board may enter into an	1679
agreement with an entity with respect to a project on terms that	1680
the board determines to be in the best interest of the county and	1681
in furtherance of the public purpose of the project. To the extent	1682
provided for in an agreement or a lease with an entity, the board	1683
may authorize the entity to administer on behalf of the board any	1684
contracts for the project. The board may enter into an agreement	1685
providing for the sale to a person of naming rights to a project	1686
or portion of a project, for a period, for consideration, and on	1687
other terms and conditions that the board determines to be in the	1688
best interest of the county and in furtherance of the public	1689
purpose of the project. The board may enter into an agreement with	1690
a person owning or operating a professional athletic or sports	1691
team providing for the use by that person of a project or portion	1692
of a project for that team's offices, training, practices, and	1693
home games for a period, for consideration, and on other terms and	1694
conditions that the board determines to be in the best interest of	1695
the county and in furtherance of the public purpose of the	1696
project. The board may establish ticket charges or surcharges for	1697
admission to events at a project, charges or surcharges for	1698
parking for events at a project, and charges for the use of a	1699
project or any portion of a project, including suites and seating	1700
rights, and may, as necessary, enter into agreements related	1701
thereto with persons for a period, for consideration, and on other	1702
terms and conditions that the board determines to be in the best	1703
interest of the county and in furtherance of the public purpose of	1704
the project. A lease or agreement authorized by this division is	1705
not subject to sections 307.02, 307.09, and 307.12 of the Revised	1706
Code.	1707

(H) Notwithstanding any contrary provision in Chapter 5739.	1708
of the Revised Code, after adopting a resolution declaring it to	1709
be in the best interest of the county to undertake a project as	1710
described in division (G) of this section, the board of county	1711
commissioners of an eligible county may adopt a resolution	1712
enacting or increasing any lodging taxes within the limits	1713
specified in Chapter 5739. of the Revised Code with respect to	1714
those lodging taxes and amending any prior resolution under which	1715
any of its lodging taxes have been imposed in order to provide	1716
that those taxes, after deducting the real and actual costs of	1717
administering the taxes and any portion of the taxes returned to	1718
any municipal corporation or township as provided in division	1719
(A)(1) of section 5739.09 of the Revised Code, shall be used by	1720
the board for the purposes of undertaking, financing, operating,	1721
and maintaining the project, including paying debt charges on any	1722
securities issued by the board under division (I) of this section,	1723
or to make contributions to the convention and visitors' bureau	1724
operating within the county, or to promote, advertise, and market	1725
the region in which the county is located, all as the board may	1726
determine and make appropriations for from time to time, subject	1727
to the terms of any pledge to the payment of debt charges on	1728
outstanding general obligation securities or special obligation	1729
securities authorized under division (I) of this section. A	1730
resolution adopted under division (H) of this section shall be	1731
adopted not earlier than January 15, 2007, and not later than	1732
January 15, 2008.	1733

A resolution adopted under division (H) of this section may	1734
direct the board of elections to submit the question of enacting	1735
or increasing lodging taxes, as the case may be, to the electors	1736
of the county at a special election held on the date specified by	1737
the board in the resolution, provided that the election occurs not	1738
less than ~~seventy-five~~ninety days after a certified copy of the	1739
resolution is transmitted to the board of elections and no later	1740
than January 15, 2008. A resolution submitted to the electors	1741
under this division shall not go into effect unless it is approved	1742
by a majority of those voting upon it. A resolution adopted under	1743
division (H) of this section that is not submitted to the electors	1744
of the county for their approval or disapproval is subject to a	1745
referendum as provided in sections 305.31 to 305.41 of the Revised	1746
Code.	1747

A resolution adopted under division (H) of this section takes	1748
effect upon its adoption, unless the resolution is submitted to	1749
the electors of the county for their approval or disapproval, in	1750
which case the resolution takes effect on the date the board of	1751
county commissioners receives notification from the board of	1752
elections of the affirmative vote. Lodging taxes received after	1753
the effective date of the resolution may be used for the purposes	1754
described in division (H) of this section, except that lodging	1755
taxes that have been pledged to the payment of debt charges on any	1756
bonds or notes issued by or for the benefit of a convention and	1757
visitors' bureau under division (C) of this section shall be used	1758
exclusively for that purpose until such time as the bonds or notes	1759
are no longer outstanding under the trust agreement securing those	1760
bonds or notes.	1761

(I)(1) The board of county commissioners of a county with a	1762
population greater than four hundred thousand wherein the	1763
population of the largest city comprises more than one-third of	1764
that county's population may issue the following securities of the	1765
county for the purpose of paying costs of the project, refunding	1766
any outstanding county securities issued for that purpose,	1767
refunding any outstanding bonds or notes issued by or for the	1768
benefit of the bureau under division (C) of this section, or for	1769
any combination of those purposes:	1770

(a) General obligation securities issued under Chapter 133.	1771
of the Revised Code. The resolution authorizing these securities	1772
may include covenants to appropriate annually from lawfully	1773
available lodging taxes, and to continue to levy and collect those	1774
lodging taxes in, amounts necessary to meet the debt charges on	1775
those securities.	1776

(b) Special obligation securities issued under Chapter 133.	1777
of the Revised Code that are secured only by lawfully available	1778
lodging taxes and any other taxes and revenues pledged to pay the	1779
debt charges on those securities, except ad valorem property	1780
taxes. The resolution authorizing those securities shall include a	1781
pledge of and covenants to appropriate annually from lawfully	1782
available lodging taxes and any other taxes and revenues pledged	1783
for such purpose, and to continue to collect any of those revenues	1784
pledged for such purpose and to levy and collect those lodging	1785
taxes and any other taxes pledged for such purpose, in amounts	1786
necessary to meet the debt charges on those securities. The pledge	1787
is valid and binding from the time the pledge is made, and the	1788
lodging taxes so pledged and thereafter received by the county are	1789
immediately subject to the lien of the pledge without any physical	1790
delivery of the lodging taxes or further act. The lien of any	1791
pledge is valid and binding as against all parties having claims	1792
of any kind in tort, contract, or otherwise against the county,	1793
regardless of whether such parties have notice of the lien.	1794
Neither the resolution nor any trust agreement by which a pledge	1795
is created or further evidenced is required to be filed or	1796
recorded except in the records of the board. The special	1797
obligation securities shall contain a statement on their face to	1798
the effect that they are not general obligation securities, and,	1799
unless paid from other sources, are payable from the pledged	1800
lodging taxes.	1801

(c) Revenue securities authorized under section 133.08 of the	1802
Revised Code and issued under Chapter 133. of the Revised Code	1803
that are secured only by lawfully available project revenues	1804
pledged to pay the debt charges on those securities.	1805

(2) The securities described in division (I)(1) of this	1806
section are subject to Chapter 133. of the Revised Code.	1807

(3) Section 133.34 of the Revised Code, except for division	1808
(A) of that section, applies to the issuance of any refunding	1809
securities authorized under this division. In lieu of division (A)	1810
of section 133.34 of the Revised Code, the board of county	1811
commissioners shall establish the maturity date or dates, the	1812
interest payable on, and other terms of refunding securities as it	1813
considers necessary or appropriate for their issuance, provided	1814
that the final maturity of refunding securities shall not exceed	1815
by more than ten years the final maturity of any bonds refunded by	1816
refunding securities.	1817

(4) The board may not repeal, rescind, or reduce all or any	1818
portion of any lodging taxes pledged to the payment of debt	1819
charges on any outstanding special obligation securities	1820
authorized under this division, and no portion of any lodging	1821
taxes that is pledged, or that the board has covenanted to levy,	1822
collect, and appropriate annually to pay debt charges on any	1823
outstanding securities authorized under this division is subject	1824
to repeal, rescission, or reduction by the electorate of the	1825
county.	1826

Sec. 307.697. (A) For the purpose of section 307.696 of the	1827
Revised Code and to pay any or all of the charge the board of	1828
elections makes against the county to hold the election on the	1829
question of levying the tax, or for those purposes and to provide	1830
revenues to the county for permanent improvements, the board of	1831
county commissioners of a county may levy a tax not to exceed	1832
three dollars on each gallon of spirituous liquor sold to or	1833
purchased by liquor permit holders for resale, and sold at retail	1834
by the division of liquor control, in the county. The tax shall be	1835
levied on the number of gallons so sold. The tax may be levied for	1836
any number of years not exceeding twenty.	1837

The tax shall be levied pursuant to a resolution of the board	1838
of county commissioners approved by a majority of the electors in	1839
the county voting on the question of levying the tax, which	1840
resolution shall specify the rate of the tax, the number of years	1841
the tax will be levied, and the purposes for which the tax is	1842
levied. The election may be held on the date of a general or	1843
special election held not sooner than ~~seventy-five~~ninety days	1844
after the date the board certifies its resolution to the board of	1845
elections. If approved by the electors, the tax takes effect on	1846
the first day of the month specified in the resolution but not	1847
sooner than the first day of the month that is at least sixty days	1848
after the certification of the election results by the board of	1849
elections. A copy of the resolution levying the tax shall be	1850
certified to the division of liquor control at least sixty days	1851
prior to the date on which the tax is to become effective.	1852

(B) A resolution under this section may be joined on the	1853
ballot as a single question with a resolution adopted under	1854
section 4301.421 or 5743.024 of the Revised Code to levy a tax for	1855
the same purposes, and for the purpose of paying the expenses of	1856
administering that tax.	1857

(C) The form of the ballot in an election held pursuant to	1858
this section or section 4301.421 or 5743.024 of the Revised Code	1859
shall be as follows or in any other form acceptable to the	1860
secretary of state:	1861

"For the purpose of paying not more than one-half of the	1862
costs of providing a public sports facility together with related	1863
redevelopment and economic development projects, shall (an) excise	1864
tax(es) be levied by .......... county at the rate of ......	1865
(dollars on each gallon of spirituous liquor sold in the county by	1866
the Ohio division of liquor control, cents per gallon on the sale	1867
of beer at wholesale in the county, cents per gallon on the sale	1868
of wine and mixed beverages at wholesale in the county, cents per	1869
gallon on the sale of cider at wholesale in the county, or mills	1870
per cigarette on the sale of cigarettes at wholesale in the	1871
county), for ...... years?	1872

1873

		Yes			1874
		No	"		1875

1876

For an election in which questions under this section or	1877
section 4301.421 or 5743.024 of the Revised Code are joined as a	1878
single question, the form of the ballot shall be as above, except	1879
each of the proposed taxes shall be listed.	1880

(D) The board of county commissioners of a county in which a	1881
tax is imposed under this section on July 19, 1995, may levy a tax	1882
for the purpose of section 307.673 of the Revised Code regardless	1883
of whether or not the cooperative agreement authorized under that	1884
section has been entered into prior to the day the resolution	1885
adopted under division (D)(1) or (2) of this section is adopted,	1886
and for the purpose of reimbursing a county for costs incurred in	1887
the construction of a sports facility pursuant to an agreement	1888
entered into by the county under section 307.696 of the Revised	1889
Code. The tax shall be levied and approved in one of the manners	1890
prescribed by division (D)(1) or (2) of this section.	1891

(1) The tax may be levied pursuant to a resolution adopted by	1892
a majority of the members of the board of county commissioners not	1893
later than forty-five days after July 19, 1995. A board of county	1894
commissioners approving a tax under division (D)(1) of this	1895
section may approve a tax under division (B)(1) of section	1896
4301.421 or division (C)(1) of section 5743.024 of the Revised	1897
Code at the same time. Subject to the resolution being submitted	1898
to a referendum under sections 305.31 to 305.41 of the Revised	1899
Code, the resolution shall take effect immediately, but the tax	1900
levied pursuant to the resolution shall not be levied prior to the	1901
day following the last day the tax levied pursuant to divisions	1902
(A), (B), and (C) of this section may be levied.	1903

(2) The tax may be levied pursuant to a resolution adopted by	1904
a majority of the members of the board of county commissioners not	1905
later than forty-five days after July 19, 1995, and approved by a	1906
majority of the electors of the county voting on the question of	1907
levying the tax at the next succeeding general election following	1908
July 19, 1995. The board of county commissioners shall certify a	1909
copy of the resolution to the board of elections immediately upon	1910
adopting a resolution under division (D)(2) of this section, and	1911
the board of elections shall place the question of levying the tax	1912
on the ballot at that election. The form of the ballot shall be as	1913
prescribed by division (C) of this section, except that the phrase	1914
"paying not more than one-half of the costs of providing a sports	1915
facility together with related redevelopment and economic	1916
development projects" shall be replaced by the phrase "paying the	1917
costs of constructing or renovating a sports facility and	1918
reimbursing a county for costs incurred by the county in the	1919
construction of a sports facility," and the phrase ", beginning	1920
.......... (here insert the earliest date the tax would take	1921
effect)" shall be appended after "years." A board of county	1922
commissioners submitting the question of a tax under division	1923
(D)(2) of this section may submit the question of a tax under	1924
division (B)(2) of section 4301.421 or division (C)(2) of section	1925
5743.024 of the Revised Code as a single question, and the form of	1926
the ballot shall include each of the proposed taxes.	1927

If approved by a majority of electors voting on the question,	1928
the tax shall take effect on the day specified on the ballot,	1929
which shall not be earlier than the day following the last day the	1930
tax levied pursuant to divisions (A), (B), and (C) of this section	1931
may be levied.	1932

The rate of a tax levied pursuant to division (D)(1) or (2)	1933
of this section shall not exceed the rate specified in division	1934
(A) of this section. A tax levied pursuant to division (D)(1) or	1935
(2) of this section may be levied for any number of years not	1936
exceeding twenty.	1937

A board of county commissioners adopting a resolution under	1938
division (D)(1) or (2) of this section shall certify a copy of the	1939
resolution to the division of liquor control immediately upon	1940
adoption of the resolution.	1941

(E) No tax shall be levied under this section on or after ~~the~~	1942
~~effective date of the amendment of this section by the capital~~	1943
~~appropriations act of the 127th general assembly~~September 23,	1944
2008. This division does not prevent the collection of any tax	1945
levied under this section before that date so long as that tax	1946
remains effective.	1947

Sec. 307.791. The question of repeal of a county sediment	1948
control rule adopted under section 307.79 of the Revised Code may	1949
be initiated by filing with the board of elections of the county	1950
not less than ~~seventy-five~~ninety days before the general or	1951
primary election in any year a petition requesting that an	1952
election be held on such question. Such petition shall be signed	1953
by qualified electors residing in the county equal in number to	1954
ten per cent of those voting for governor at the most recent	1955
gubernatorial election in the county.	1956

After determination by it that such petition is valid, the	1957
board of elections shall submit the question to the electors of	1958
the county at the next general or primary election. The election	1959
shall be conducted, canvassed, and certified in the same manner as	1960
regular elections for county offices in the county. Notice of the	1961
election shall be published in a newspaper of general circulation	1962
in the county once a week for two consecutive weeks prior to the	1963
election and, if the board of elections operates and maintains a	1964
web site, notice of the election also shall be posted on that web	1965
site for thirty days prior to the election. The notice shall state	1966
the purpose, time, and place of the election and the complete text	1967
of each rule sought to be repealed. The form of the ballot cast at	1968
such election shall be prescribed by the secretary of state. The	1969
question covered by such petition shall be submitted as a separate	1970
proposition, but it may be printed on the same ballot with any	1971
other proposition submitted at the same election other than the	1972
election of officers. If a majority of the qualified electors	1973
voting on the question of repeal approve the repeal, the result of	1974
the election shall be certified immediately after the canvass by	1975
the board of elections to the board of county commissioners, who	1976
shall thereupon rescind the rule.	1977

Sec. 307.94. Electors of a county, equal in number to ten	1978
per cent of the number who voted for governor in the county at the	1979
most recent gubernatorial election, may file, not later than one	1980
hundred ten days before the date of a general election, a petition	1981
with the board of county commissioners asking that the question of	1982
the adoption of a county charter in the form attached to the	1983
petition be submitted to the electors of the county. The petition	1984
shall be available for public inspection at the offices of the	1985
county commissioners during regular business hours until four p.m.	1986
of the ~~ninety-sixth~~one hundred eleventh day before the election,	1987
at which time the board shall, by resolution, certify the petition	1988
to the board of elections of the county for submission to the	1989
electors of the county, unless the signatures are insufficient or	1990
the petitions otherwise invalid, at the next general election.	1991

Such electors may, in the alternative not later than the one	1992
hundred ~~fifteenth~~thirtieth day before the date of a general	1993
election, file such a petition with the board of elections of the	1994
county. In such case the board of elections shall immediately	1995
proceed to determine whether the petition and the signatures on	1996
the petition meet the requirements of law and to count the number	1997
of valid signatures and to note opposite each invalid signature	1998
the reason for the invalidity. The board of elections shall	1999
complete its examination of the petition and the signatures and	2000
shall submit a report to the board of county commissioners not	2001
later than the one hundred ~~fifth~~twentieth day before the date of	2002
the general election certifying whether the petition is valid or	2003
invalid and, if invalid, the reasons for invalidity, whether there	2004
are sufficient valid signatures, and the number of valid and	2005
invalid signatures. The petition and a copy of the report to the	2006
board of county commissioners shall be available for public	2007
inspection at the board of elections. If the petition is certified	2008
by the board of elections to be valid and to have sufficient valid	2009
signatures, the board of county commissioners shall forthwith and	2010
not later than four p.m. on the ~~ninety-sixth~~one hundred eleventh	2011
day before the general election, by resolution, certify the	2012
petition to the board of elections for submission to the electors	2013
of the county at the next general election. If the petition is	2014
certified by the board of elections to be invalid or to have	2015
insufficient valid signatures, or both, the petitioners' committee	2016
may protest such findings or solicit additional signatures as	2017
provided in section 307.95 of the Revised Code, or both, or	2018
request that the board of elections proceed to establish the	2019
validity or invalidity of the petition and the sufficiency or	2020
insufficiency of the signatures in an action before the court of	2021
common pleas in the county. Such action must be brought within	2022
three days after the request has been made, and the case shall be	2023
heard forthwith by a judge or such court whose decision shall be	2024
certified to the board of elections and to the board of county	2025
commissioners in sufficient time to permit the board of county	2026
commissioners to perform its duty to certify the petition, if it	2027
is determined by the court to be valid and contain sufficient	2028
valid signatures, to the board of elections not later than four	2029
p.m. on the ~~ninety-sixth~~one hundred eleventh day prior to the	2030
general election for submission to the electors at such general	2031
election.	2032

A county charter to be submitted to the voters by petition	2033
shall be considered to be attached to the petition if it is	2034
printed as a part of the petition. A county charter petition may	2035
consist of any number of separate petition papers. Each part shall	2036
have attached a copy of the charter to be submitted to the	2037
electors, and each part shall otherwise meet all the requirements	2038
of law for a county charter petition. Section 3501.38 of the	2039
Revised Code applies to county charter petitions.	2040

The petitioners shall designate in the petition the names and	2041
addresses of a committee of not fewer than three nor more than	2042
five persons who will represent them in all matters relating to	2043
the petition. Notice of all matters or proceedings pertaining to	2044
such petitions may be served on the committee, or any of them,	2045
either personally or by certified mail, or by leaving it at the	2046
usual place of residence of each of them.	2047

Sec. 307.95. (A) When a county charter petition has been	2048
certified to the board of elections pursuant to section 307.94 of	2049
the Revised Code, the board shall immediately proceed to determine	2050
whether the petition and the signatures on the petition meet the	2051
requirements of law, including section 3501.38 of the Revised	2052
Code, and to count the number of valid signatures. The board shall	2053
note opposite each invalid signature the reason for the	2054
invalidity. The board shall complete its examination of the	2055
petition and the signatures not later than ten days after receipt	2056
of the petition certified by the board of county commissioners and	2057
shall submit a report to the board of county commissioners not	2058
less than ~~eighty-five~~one hundred days before the election	2059
certifying whether the petition is valid or invalid and, if	2060
invalid, the reasons for the invalidity, whether there are	2061
sufficient valid signatures, and the number of valid and invalid	2062
signatures. The petition and a copy of the report to the board of	2063
county commissioners shall be available for public inspection at	2064
the board of elections. If the petition is determined by the board	2065
of elections to be valid but the number of valid signatures is	2066
insufficient, the board of county commissioners shall immediately	2067
notify the committee for the petitioners, who may solicit and file	2068
additional signatures to the petition pursuant to division (E) of	2069
this section or protest the board of election's findings pursuant	2070
to division (B) of this section, or both.	2071

(B) Protests against the board of election's findings	2072
concerning the validity or invalidity of a county charter petition	2073
or any signature on such petition may be filed by any elector	2074
eligible to vote at the next general election with the board of	2075
elections not later than four p.m. of the ~~eighty-second~~	2076
ninety-seventh day before the election. Each protest shall	2077
identify the part of, or omission from, the petition or the	2078
signature or signatures to which the protest is directed, and	2079
shall set forth specifically the reason for the protest. A protest	2080
must be in writing, signed by the elector making the protest, and	2081
shall include the protestor's address. Each protest shall be filed	2082
in duplicate.	2083

(C) The board of elections shall deliver or mail be certified	2084
mail one copy of each protest filed with it to the secretary of	2085
state. The secretary of state, within ten days after receipt of	2086
the protests, shall determine the validity or invalidity of the	2087
petition and the sufficiency or insufficiency of the signatures.	2088
The secretary of state may determine whether to permit matters not	2089
raised by protest to be considered in determining such validity or	2090
invalidity or sufficiency or insufficiency, and may conduct	2091
hearings, either in Columbus or in the county where the county	2092
charter petition is filed. The determination by the secretary of	2093
state is final.	2094

(D) The secretary of state shall notify the board of	2095
elections of the determination of the validity or invalidity of	2096
the petition and sufficiency or insufficiency of the signatures	2097
not later than four p.m. of the ~~seventy-first~~eighty-first day	2098
before the election. If the petition is determined to be valid and	2099
to contain sufficient valid signatures, the charter shall be	2100
placed on the ballot at the next general election. If the petition	2101
is determined to be invalid, the secretary of state shall so	2102
notify the board of county commissioners and the board of county	2103
commissioners shall notify the committee. If the petition is	2104
determined by the secretary of state to be valid but the number of	2105
valid signatures is insufficient, the board of elections shall	2106
immediately notify the committee for the petitioners and the	2107
committee shall be allowed ten additional days after such	2108
notification to solicit and file additional signatures to the	2109
petition subject to division (E) of this section.	2110

(E) All additional signatures solicited pursuant to division	2111
(A) or (D) of this section shall be filed with the board of	2112
elections not less than ~~sixty~~seventy days before the election.	2113
The board of elections shall examine and determine the validity or	2114
invalidity of the additional separate petition papers and of the	2115
signatures thereon, and its determination is final. No valid	2116
signature on an additional separate petition paper that is the	2117
same as a valid signature on an original separate petition paper	2118
shall be counted. The number of valid signatures on the original	2119
separate petition papers and the additional separate petition	2120
papers shall be added together to determine whether there are	2121
sufficient valid signatures. If the number of valid signatures is	2122
sufficient and the additional separate petition papers otherwise	2123
valid, the charter shall be placed on the ballot at the next	2124
general election. If not, the board of elections shall notify the	2125
county commissioners, and the commissioners shall notify the	2126
committee.	2127

Sec. 322.02. (A) For the purpose of paying the costs of	2128
enforcing and administering the tax and providing additional	2129
general revenue for the county, any county may levy and collect a	2130
tax to be known as the real property transfer tax on each deed	2131
conveying real property or any interest in real property located	2132
wholly or partially within the boundaries of the county at a rate	2133
not to exceed thirty cents per hundred dollars for each one	2134
hundred dollars or fraction thereof of the value of the real	2135
property or interest in real property located within the	2136
boundaries of the county granted, assigned, transferred, or	2137
otherwise conveyed by the deed. The tax shall be levied pursuant	2138
to a resolution adopted by the board of county commissioners of	2139
the county and, except as provided in division (A) of section	2140
322.07 of the Revised Code, shall be levied at a uniform rate upon	2141
all deeds as defined in ~~dividion~~division (D) of section 322.01 of	2142
the Revised Code. Prior to the adoption of any such resolution,	2143
the board of county commissioners shall conduct two public	2144
hearings thereon, the second hearing to be not less than three nor	2145
more than ten days after the first. Notice of the date, time, and	2146
place of the hearings shall be given by publication in a newspaper	2147
of general circulation in the county once a week on the same day	2148
of the week for two consecutive weeks, the second publication	2149
being not less than ten nor more than thirty days prior to the	2150
first hearing. The tax shall be levied upon the grantor named in	2151
the deed and shall be paid by the grantor for the use of the	2152
county to the county auditor at the time of the delivery of the	2153
deed as provided in section 319.202 of the Revised Code and prior	2154
to the presentation of the deed to the recorder of the county for	2155
recording.	2156

(B) No resolution levying a real property transfer tax	2157
pursuant to this section or a manufactured home transfer tax	2158
pursuant to section 322.06 of the Revised Code shall be effective	2159
sooner than thirty days following its adoption. Such a resolution	2160
is subject to a referendum as provided in sections 305.31 to	2161
305.41 of the Revised Code, unless the resolution is adopted as an	2162
emergency measure necessary for the immediate preservation of the	2163
public peace, health, or safety, in which case it shall go into	2164
immediate effect. An emergency measure must receive an affirmative	2165
vote of all of the members of the board of commissioners, and	2166
shall state the reasons for the necessity. A resolution may direct	2167
the board of elections to submit the question of levying the tax	2168
to the electors of the county at the next primary or general	2169
election in the county occurring not less than ~~seventy-five~~	2170
ninety days after the resolution is certified to the board. No	2171
such resolution shall go into effect unless approved by a majority	2172
of those voting upon it.	2173

Sec. 322.021. The question of a repeal of a county	2174
permissive tax adopted as an emergency measure pursuant to	2175
division (B) of section 322.02 of the Revised Code may be	2176
initiated by filing with the board of elections of the county not	2177
less than ~~seventy-five~~ninety days before the general election in	2178
any year a petition requesting that an election be held on such	2179
question. Such petition shall be signed by qualified electors	2180
residing in the county equal in number to ten per cent of those	2181
voting for governor at the most recent gubernatorial election.	2182

After determination by it that such petition is valid, the	2183
board of elections shall submit the question to the electors of	2184
the county at the next general election. The election shall be	2185
conducted, canvassed, and certified in the same manner as regular	2186
elections for county offices in the county. Notice of the election	2187
shall be published in a newspaper of general circulation in the	2188
district once a week for two consecutive weeks prior to the	2189
election and, if the board of elections operates and maintains a	2190
web site, notice of the election also shall be posted on that web	2191
site for thirty days prior to the election. The notice shall state	2192
the purpose, time, and place of the election. The form of the	2193
ballot cast at such election shall be prescribed by the secretary	2194
of state. The question covered by such petition shall be submitted	2195
as a separate proposition, but it may be printed on the same	2196
ballot with any other proposition submitted at the same election	2197
other than the election of officers. If a majority of the	2198
qualified electors voting on the question of repeal approve the	2199
repeal, the result of the election shall be certified immediately	2200
after the canvass by the board of elections to the board of county	2201
commissioners, who shall thereupon, after the current year, cease	2202
to levy the tax.	2203

Sec. 324.02. For the purpose of providing additional general	2204
revenues for the county and paying the expense of administering	2205
such levy, any county may levy a county excise tax to be known as	2206
the utilities service tax on the charge for every utility service	2207
to customers within the county at a rate not to exceed two per	2208
cent of such charge. On utility service to customers engaged in	2209
business, the tax shall be imposed at a rate of one hundred fifty	2210
per cent of the rate imposed upon all other consumers within the	2211
county. The tax shall be levied pursuant to a resolution adopted	2212
by the board of county commissioners of the county and shall be	2213
levied at uniform rates required by this section upon all charges	2214
for utility service except as provided in section 324.03 of the	2215
Revised Code. The tax shall be levied upon the customer and shall	2216
be paid by the customer to the utility supplying the service at	2217
the time the customer pays the utility for the service. If the	2218
charge for utility service is billed to a person other than the	2219
customer at the request of such person, the tax commissioner of	2220
the state may, in accordance with section 324.04 of the Revised	2221
Code, provide for the levy of the tax against and the payment of	2222
the tax by such other person. Each utility furnishing a utility	2223
service the charge for which is subject to the tax shall set forth	2224
the tax as a separate item on each bill or statement rendered to	2225
the customer.	2226

Prior to the adoption of any resolution levying a utilities	2227
service tax the board of county commissioners shall conduct two	2228
public hearings thereon, the second hearing to be not less than	2229
three nor more than ten days after the first. Notice of the date,	2230
time, and place of such hearings shall be given by publication in	2231
a newspaper of general circulation in the county once a week on	2232
the same day of the week for two consecutive weeks, the second	2233
publication being not less than ten nor more than thirty days	2234
prior to the first hearing. No resolution levying a utilities	2235
service tax pursuant to this section of the Revised Code shall be	2236
effective sooner than thirty days following its adoption and such	2237
resolution is subject to a referendum as provided in sections	2238
305.31 to 305.41 of the Revised Code, unless such resolution is	2239
adopted as an emergency measure necessary for the immediate	2240
preservation of the public peace, health, or safety, in which case	2241
it shall go into immediate effect. Such emergency measure must	2242
receive an affirmative vote of all of the members of the board of	2243
commissioners, and shall state the reasons for such necessity. A	2244
resolution may direct the board of elections to submit the	2245
question of levying the tax to the electors of the county at the	2246
next primary or general election in the county occurring not less	2247
than ~~seventy-five~~ninety days after such resolution is certified	2248
to the board. No such resolution shall go into effect unless	2249
approved by a majority of those voting upon it. The tax levied by	2250
such resolution shall apply to all bills rendered subsequent to	2251
the sixtieth day after the effective date of the resolution. No	2252
bills shall be rendered out of the ordinary course of business to	2253
avoid payment of the tax.	2254

Sec. 324.021. The question of repeal of a county permissive	2255
tax adopted as an emergency measure pursuant to section 324.02 of	2256
the Revised Code may be initiated by filing with the board of	2257
elections of the county not less than ~~seventy-five~~ninety days	2258
before the general election in any year a petition requesting that	2259
an election be held on such question. Such petition shall be	2260
signed by qualified electors residing in the county equal in	2261
number to ten per cent of those voting for governor at the most	2262
recent gubernatorial election.	2263

After determination by it that such petition is valid, the	2264
board of elections shall submit the question to the electors of	2265
the county at the next general election. The election shall be	2266
conducted, canvassed, and certified in the same manner as regular	2267
elections for county offices in the county. Notice of the election	2268
shall be published in a newspaper of general circulation in the	2269
district once a week for two consecutive weeks prior to the	2270
election and, if the board of elections operates and maintains a	2271
web site, notice of the election also shall be posted on that web	2272
site for thirty days prior to the election. The notice shall state	2273
the purpose, time, and place of the election. The form of the	2274
ballot cast at such election shall be prescribed by the secretary	2275
of state. The question covered by such petition shall be submitted	2276
as a separate proposition, but it may be printed on the same	2277
ballot with any other proposition submitted at the same election	2278
other than the election of officers. If a majority of the	2279
qualified electors voting on the question of repeal approve the	2280
repeal, the result of the election shall be certified immediately	2281
after the canvass by the board of elections to the board of county	2282
commissioners, who shall thereupon, after the current year, cease	2283
to levy the tax.	2284

Sec. 345.03. A copy of any resolution adopted under section	2285
345.01 of the Revised Code shall be certified within five days by	2286
the taxing authority and not later than four p. m. of the	2287
~~seventy-fifth~~ninetieth day before the day of the election, to the	2288
county board of elections, and such board shall submit the	2289
proposal to the electors of the subdivision at the succeeding	2290
general election. The board shall make the necessary arrangements	2291
for the submission of such question to the electors of the	2292
subdivision, and the election shall be conducted, canvassed, and	2293
certified in like manner as regular elections in such subdivision.	2294

Notice of the election shall be published in a newspaper of	2295
general circulation in the subdivision, at least once, not less	2296
than two weeks prior to such election. The notice shall set out	2297
the purpose of the proposed increase in rate, the amount of the	2298
increase expressed in dollars and cents for each one hundred	2299
dollars of valuation as well as in mills for each one dollar of	2300
property valuation, the number of years during which such increase	2301
will be in effect, and the time and place of holding such	2302
election.	2303

Sec. 351.26. (A) The board of directors of a convention	2304
facilities authority may adopt a resolution requesting the board	2305
of county commissioners of the county in which the convention	2306
facilities authority has its territory to propose the question of	2307
a tax to be levied pursuant to this section and section 4301.424	2308
or sections 5743.026 and 5743.324 of the Revised Code for the	2309
purpose of construction or renovation of a sports facility. The	2310
board of directors shall certify a copy of the resolution to the	2311
board of county commissioners not later than ~~ninety~~one hundred	2312
five days prior to the day of the election at which the board of	2313
directors requests the board of county commissioners to submit the	2314
question of the tax. The resolution shall state the rate at which	2315
the tax would be levied, the purpose for which the tax would be	2316
levied, the number of years the tax would be levied, the section	2317
of the Revised Code under which the tax would be levied, and the	2318
date of the election at which the board of directors requests the	2319
board of county commissioners to submit the question of the tax,	2320
all of which are subject to the limitations of this section and	2321
section 4301.424 or sections 5743.026 and 5743.324 of the Revised	2322
Code.	2323

Upon receiving a copy of such a resolution from the board of	2324
directors, the board of county commissioners shall adopt a	2325
resolution either approving or rejecting the proposal, and certify	2326
a copy of its resolution to the board of directors. If the board	2327
of county commissioners approves the proposal, the board of county	2328
commissioners shall propose the question of levying a tax pursuant	2329
to section 4301.424 of the Revised Code or pursuant to sections	2330
5743.026 and 5743.324 of the Revised Code, as specified in the	2331
board of directors' resolution, for the purpose of construction or	2332
renovation of a sports facility.	2333

(B) The form of the ballot in an election held on the	2334
question of levying a tax proposed pursuant to section 4301.424 or	2335
5743.026 of the Revised Code shall be as follows or in any other	2336
form acceptable to the secretary of state:	2337

"For the purpose of paying the costs of ..........	2338
(constructing or renovating) a sports facility, shall (an) excise	2339
tax(es) be levied by the .......... county for the convention	2340
facilities authority of .......... county at the rate of ......	2341
(dollars on each gallon of spirituous liquor sold in the county by	2342
the Ohio division of liquor control, cents per gallon on the sale	2343
of beer at wholesale in the county, cents per gallon on the sale	2344
of wine and mixed beverages at wholesale in the county, or mills	2345
per cigarette on the sale of cigarettes at wholesale in the	2346
county), for ...... years?	2347

2348

		Yes			2349
		No	"		2350

2351

For an election in which questions under section 4301.424 or	2352
5743.026 of the Revised Code are joined as a single question, the	2353
form of the ballot shall be as above, except each of the proposed	2354
taxes shall be listed.	2355

(C) No tax shall be levied under this section on or after ~~the~~	2356
~~effective date of the amendment of this section by the capital~~	2357
~~appropriations act of the 127th general assembly~~September 23,	2358
2008. This division does not prevent the collection of any tax	2359
levied under this section before that date so long as that tax	2360
remains effective.	2361

Sec. 503.02. (A) Except as otherwise provided in this	2362
section, the board of county commissioners may change the	2363
boundaries of any civil township, or partition any township among	2364
other townships within the county, by attaching a part of one	2365
township to another, by dividing one township and attaching the	2366
parts to other townships, or by laying off and designating a new	2367
township from the territory of one or more townships of the same	2368
county or from territory not before included in a civil township,	2369
when it is made to appear necessary or expedient by a petition for	2370
that purpose, signed by a majority of the electors residing within	2371
the bounds of the townships to be affected by the partition or	2372
division, as determined by the number of votes cast in those	2373
townships for the office of governor at the most recent general	2374
election for that office.	2375

If the board receives a petition to partition a township that	2376
has adopted a limited home rule government under Chapter 504. of	2377
the Revised Code, signed by a majority of the electors residing in	2378
that township, the board shall certify the question of whether or	2379
not the township shall remain intact to the board of elections.	2380
The board of elections shall determine the validity and	2381
sufficiency of the signatures on the petition and, if there are	2382
enough valid signatures, shall place the question on the ballot at	2383
a special election to be held on the day of the next general or	2384
primary election in the township occurring at least ~~seventy-five~~	2385
ninety days after the petition is filed, for a vote of the	2386
electors within that township. If a majority of those voting vote	2387
against keeping the township intact, the board of county	2388
commissioners shall proceed to partition the township. If a	2389
majority of those voting vote for keeping the township intact, the	2390
board of county commissioners shall not partition the township and	2391
shall deny the petition.	2392

(B) If a township is divided or partitioned under this	2393
section, the board of county commissioners shall apportion the	2394
funds in the township's treasury to the township to which portions	2395
of the divided or partitioned township are attached, or to the new	2396
townships established. This apportionment may take into account	2397
the taxable property valuation, population, or size of the	2398
portions created by the division or partition, as well as any	2399
other readily ascertainable criteria.	2400

Sec. 503.161. (A) A board of township trustees, by a	2401
unanimous vote, may adopt a resolution causing the board of	2402
elections to submit to the electors of the unincorporated area of	2403
the township the question of whether the township's name should be	2404
changed.	2405

(B) The electors of the unincorporated area of a township may	2406
petition the board of township trustees to adopt a resolution	2407
causing the board of elections to submit to the electors the	2408
question of whether the township's name should be changed. Upon	2409
receipt of a petition signed by twenty per cent of the electors of	2410
the unincorporated area of the township, as determined by the	2411
total number of votes cast in that area for the office of governor	2412
at the preceding general election for that office, the board of	2413
township trustees shall adopt such a resolution.	2414

(C) The question of whether the township's name should be	2415
changed shall be voted upon at the next primary or general	2416
election occurring at least ~~seventy-five~~ninety days after the	2417
certification of the resolution adopted under division (A) or (B)	2418
of this section to the board of elections.	2419

Sec. 503.24. If there is a vacancy by reason of the	2420
nonacceptance, death, or removal of a person chosen to an office	2421
in any township at the regular election, or if there is a vacancy	2422
from any other cause, the board of township trustees shall appoint	2423
a person having the qualifications of an elector to fill such	2424
vacancy for the unexpired term or until a successor is elected.	2425

If a township is without a board or if no appointment is made	2426
within thirty days after the occurrence of a vacancy, a majority	2427
of the persons designated as the committee of five on the	2428
last-filed nominating petition of the township officer whose	2429
vacancy is to be filled who are residents of the township shall	2430
appoint a person having the qualifications of an elector to fill	2431
the vacancy for the unexpired term or until a successor is	2432
elected. If at least three of the committee members who are	2433
residents of the township cannot be found, or if that number of	2434
such members fails to make an appointment within ten days after	2435
the thirty-day period in which the board of township trustees is	2436
authorized to make an appointment, then the presiding probate	2437
judge of the county shall appoint a suitable person having the	2438
qualifications of an elector in the township to fill the vacancy	2439
for the unexpired term or until a successor is elected.	2440

If a vacancy occurs in a township elective office more than	2441
~~forty~~fifty days before the next general election for municipal	2442
and township officers a successor shall be chosen at that election	2443
to fill the unexpired term, provided the term does not expire	2444
within one year from the day of the election. If the term expires	2445
within one year from the day of the next general election for	2446
municipal and township officers, a successor appointed pursuant to	2447
this section shall serve out the unexpired term.	2448

Sec. 503.41. (A) A board of township trustees, by	2449
resolution, may regulate and require the registration of massage	2450
establishments and their employees within the unincorporated	2451
territory of the township. In accordance with sections 503.40 to	2452
503.49 of the Revised Code, for that purpose, the board, by a	2453
majority vote of all members, may adopt, amend, administer, and	2454
enforce regulations within the unincorporated territory of the	2455
township.	2456

(B) A board may adopt regulations and amendments under this	2457
section only after public hearing at not fewer than two regular	2458
sessions of the board. The board shall cause to be published in at	2459
least one newspaper of general circulation in the township notice	2460
of the public hearings, including the time, date, and place, once	2461
a week for two weeks immediately preceding the hearings. The board	2462
shall make available proposed regulations or amendments to the	2463
public at the office of the board.	2464

(C) Regulations or amendments adopted by the board are	2465
effective thirty days after the date of adoption unless, within	2466
thirty days after the adoption of the regulations or amendments,	2467
the township fiscal officer receives a petition, signed by a	2468
number of qualified electors residing in the unincorporated area	2469
of the township equal to not less than ten per cent of the total	2470
vote cast for all candidates for governor in the area at the most	2471
recent general election at which a governor was elected,	2472
requesting the board to submit the regulations or amendments to	2473
the electors of the area for approval or rejection at the next	2474
primary or general election occurring at least ~~seventy-five~~	2475
ninety days after the board receives the petition.	2476

No regulation or amendment for which the referendum vote has	2477
been requested is effective unless a majority of the ~~vote~~votes	2478
cast on the issue is in favor of the regulation or amendment. Upon	2479
certification by the board of elections that a majority of the	2480
votes cast on the issue was in favor of the regulation or	2481
amendment, the regulation or amendment takes immediate effect.	2482

(D) The board shall make available regulations it adopts or	2483
amends to the public at the office of the board and shall cause to	2484
be published a notice of the availability of the regulations in at	2485
least one newspaper of general circulation in the township within	2486
ten days after their adoption or amendment.	2487

(E) Nothing in sections 503.40 to 503.49 of the Revised Code	2488
shall be construed to allow a board of township trustees to	2489
regulate the practice of any limited branch of medicine specified	2490
in section 4731.15 of the Revised Code or the practice of	2491
providing therapeutic massage by a licensed physician, a licensed	2492
chiropractor, a licensed podiatrist, a licensed nurse, or any	2493
other licensed health professional. As used in this division,	2494
"licensed" means licensed, certified, or registered to practice in	2495
this state.	2496

Sec. 504.01. A township that meets the qualifications of	2497
this section may adopt a limited home rule government in the	2498
manner provided in this section.	2499

(A)(1) If a township has a population of at least three	2500
thousand five hundred but less than five thousand in the	2501
unincorporated territory of the township, a limited home rule	2502
government under which the township exercises limited powers of	2503
local self-government and limited police powers may be adopted if	2504
all the following apply:	2505

(a) The electors of the unincorporated territory of the	2506
township petition the board of township trustees to adopt limited	2507
home rule government;	2508

(b) The petition has been signed by ten per cent of the	2509
electors of the unincorporated territory of the township, as	2510
determined by the total number of votes cast in that territory for	2511
the office of governor at the most recent general election for	2512
that office;	2513

(c) The board of township trustees appoints a township	2514
administrator under division (A)(2) of section 505.031 of the	2515
Revised Code; and	2516

(d) The total amount certified in the official certificate of	2517
estimated resources or in an amended official certificate of	2518
estimated resources for the township under section 5705.36 of the	2519
Revised Code is at least three million five hundred thousand	2520
dollars for the most recently concluded fiscal year.	2521

If the conditions enumerated in this division have been met,	2522
the board shall adopt and certify to the board of elections a	2523
resolution directing the board of elections to submit to the	2524
electors of the unincorporated territory the question whether the	2525
township should adopt a limited home rule government. The question	2526
shall be voted upon at the next general election occurring at	2527
least ~~seventy-five~~ninety days after certification of the	2528
resolution to the board of elections.	2529

(2) If a township has a population of at least five thousand	2530
but less than fifteen thousand in the unincorporated territory of	2531
the township, the board of township trustees, by a majority vote,	2532
may adopt a resolution causing the board of elections to submit to	2533
the electors of the unincorporated area of the township the	2534
question of whether the township should adopt a limited home rule	2535
government under which it exercises limited powers of local	2536
self-government and limited police powers, as authorized by this	2537
chapter. The question shall be voted upon at the next general	2538
election occurring at least ~~seventy-five~~ninety days after	2539
certification of the resolution to the board of elections.	2540

(3) If a township has a population of fifteen thousand or	2541
more in the unincorporated territory of the township, the board of	2542
township trustees, after at least one public hearing, may do	2543
either of the following:	2544

(a) By a unanimous vote, adopt a resolution establishing a	2545
limited home rule government under which the township exercises	2546
limited powers of local self-government and limited police powers	2547
as authorized by this chapter. The resolution shall become	2548
effective thirty days after the date of its adoption unless within	2549
that thirty-day period there is presented to the board of township	2550
trustees a petition, signed by a number of registered electors	2551
residing in the unincorporated area of the township equal to at	2552
least ten per cent of the total vote cast for all candidates for	2553
governor in that area at the most recent general election at which	2554
a governor was elected, requesting the board of township trustees	2555
to submit the question of establishing a limited home rule	2556
government to the electors of that area for approval or rejection	2557
at a special election to be held on the day of the next primary or	2558
general election occurring at least ~~seventy-five~~ninety days after	2559
the petition is presented. Each part of the petition shall meet	2560
the requirements specified in section 3501.38 of the Revised Code.	2561
Upon timely receipt of the petition, the board of township	2562
trustees shall adopt a resolution causing the board of elections	2563
to submit to the electors of the unincorporated area of the	2564
township the question of whether the township should adopt a	2565
limited home rule government.	2566

(b) By a majority vote, adopt a resolution causing the board	2567
of elections to submit to the electors of the unincorporated area	2568
of the township the question of whether the township should adopt	2569
a limited home rule government under which it exercises limited	2570
powers of local self-government and limited police powers, as	2571
authorized by this chapter. The question shall be voted upon at	2572
the next general election occurring at least ~~seventy-five~~ninety	2573
days after certification of the resolution to the board of	2574
elections.	2575

(4) If a township meets the population requirements of	2576
division (A)(2) or (3) of this section, the electors of the	2577
unincorporated area of the township may petition the board of	2578
township trustees to adopt a resolution causing the board of	2579
elections to submit to the electors the question of whether the	2580
township should adopt a limited home rule government. Upon receipt	2581
of a petition signed by ten per cent of the electors of the	2582
unincorporated area of the township, as determined by the total	2583
number of votes cast in that area for the office of governor at	2584
the most recent general election for that office, the board of	2585
township trustees shall adopt the resolution. The question shall	2586
be voted upon at the next general election occurring at least	2587
~~seventy-five~~ninety days after the certification of the resolution	2588
to the board of elections.	2589

(B) If the population of the unincorporated territory of any	2590
township that adopts a limited home rule government under division	2591
(A)(3) or (4) of this section is fifteen thousand or more, the	2592
township shall be called an "urban township."	2593

(C) Except as otherwise provided in division (A)(1) of this	2594
section, townships with a population of less than five thousand in	2595
the unincorporated territory of the township are not permitted to	2596
adopt a limited home rule government.	2597

Sec. 504.03. (A)(1) If a limited home rule government is	2598
adopted pursuant to section 504.02 of the Revised Code, it shall	2599
remain in effect for at least three years except as otherwise	2600
provided in division (B) of this section. At the end of that	2601
period, if the board of township trustees determines that that	2602
government is not in the best interests of the township, it may	2603
adopt a resolution causing the board of elections to submit to the	2604
electors of the unincorporated area of the township the question	2605
of whether the township should continue the limited home rule	2606
government. The question shall be voted upon at the next general	2607
election occurring at least ~~seventy-five~~ninety days after the	2608
certification of the resolution to the board of elections. After	2609
certification of the resolution, the board of elections shall	2610
submit the question to the electors of the unincorporated area of	2611
the township, and the ballot language shall be substantially as	2612
follows:	2613

"Shall the township of ........... (name) continue the	2614
limited home rule government under which it is operating?	2615

......		For continuation of the limited home rule government		2616
......		Against continuation of the limited home rule government"		2617

(2)(a) At least forty-five days before the election on the	2618
question of continuing the limited home rule government, the board	2619
of township trustees shall have notice of the election published	2620
in a newspaper of general circulation in the township once a week	2621
for two consecutive weeks and have the notice posted in five	2622
conspicuous places in the unincorporated area of the township.	2623

(b) If a board of elections operates and maintains a web	2624
site, notice of the election shall be posted on that web site for	2625
at least thirty days before the election on the question of	2626
continuing the limited home rule government.	2627

(B) The electors of a township that has adopted a limited	2628
home rule government may propose at any time by initiative	2629
petition, in accordance with section 504.14 of the Revised Code, a	2630
resolution submitting to the electors in the unincorporated area	2631
of the township, in an election, the question set forth in	2632
division (A)(1) of this section.	2633

(C) If a majority of the votes cast under division (A) or (B)	2634
of this section on the proposition of continuing the limited home	2635
rule government is in the negative, that government is terminated	2636
effective on the first day of January immediately following the	2637
election, and a limited home rule government shall not be adopted	2638
in the unincorporated area of the township pursuant to section	2639
504.02 of the Revised Code for at least three years after that	2640
date.	2641

(D) If a limited home rule government is terminated under	2642
this section, the board of township trustees immediately shall	2643
adopt a resolution repealing all resolutions adopted pursuant to	2644
this chapter that are not authorized by any other section of the	2645
Revised Code outside this chapter, effective on the first day of	2646
January immediately following the election described in division	2647
(A) or (B) of this section. However, no resolution adopted under	2648
this division shall affect or impair the obligations of the	2649
township under any security issued or contracts entered into by	2650
the township in connection with the financing of any water supply	2651
facility or sewer improvement under sections 504.18 to 504.20 of	2652
the Revised Code or the authority of the township to collect or	2653
enforce any assessments or other revenues constituting security	2654
for or source of payments of debt service charges of those	2655
securities.	2656

(E) Upon the termination of a limited home rule government	2657
under this section, if the township had converted its board of	2658
township trustees to a five-member board before September 26,	2659
2003, the current board member who received the lowest number of	2660
votes of the current board members who were elected at the most	2661
recent election for township trustees, and the current board	2662
member who received the lowest number of votes of the current	2663
board members who were elected at the second most recent election	2664
for township trustees, shall cease to be township trustees on the	2665
date that the limited home rule government terminates. Their	2666
offices likewise shall cease to exist at that time, and the board	2667
shall continue as a three-member board as provided in section	2668
505.01 of the Revised Code.	2669

Sec. 505.13. The board of township trustees of a township	2670
which is composed in whole or in part of islands, accessible from	2671
the mainland only by watercraft, may purchase and operate, and may	2672
let for hire, a scow or lighter of sufficient tonnage to carry	2673
stone and other road building material, equipped with or without a	2674
proper crane or loading device, and for such purpose the board may	2675
levy a tax upon all the taxable property in the township, in such	2676
amount as it determines.	2677

The question of levying such tax shall be submitted to the	2678
qualified electors of the township at a general election. The	2679
trustees shall certify such resolution to the board of elections	2680
not later than four p.m. of the ~~seventy-fifth~~ninetieth day before	2681
the day of the election. Twenty days' notice thereof shall be	2682
previously given by posting in at least three public places in the	2683
township. Such notice shall state specifically the amount to be	2684
raised and the purpose thereof. If a majority of all the votes	2685
cast at such election upon the proposition is in favor thereof,	2686
the tax provided for is authorized.	2687

Sec. 505.14. The board of township trustees of a township	2688
described in section 505.13 of the Revised Code, which, for any	2689
reason, is inaccessible from the mainland at some time of the	2690
year, may construct, acquire, purchase, lease, and maintain a	2691
house as the residence of a resident physician, when, in the	2692
opinion of a majority of the members of such board, it is	2693
necessary for the maintenance of the public health and welfare.	2694

For the maintenance, construction, acquisition, purchase, or	2695
~~least~~lease of such a house the board may levy a tax upon all the	2696
taxable property in the township, in such amount as it determines.	2697

The question of levying such a tax shall be submitted to the	2698
qualified electors of the township at a general or special	2699
election. The trustees shall certify such resolution to the board	2700
of elections not later than four p.m. of the ~~seventy-fifth~~	2701
ninetieth day before the day of the election. Twenty days' notice	2702
thereof shall be previously given by posting in at least three	2703
public places in the township. Such notice shall state	2704
specifically the amount to be raised and the purpose thereof. If a	2705
majority of all votes cast at such election upon the proposition	2706
is in favor thereof, the tax provided for is authorized.	2707

Upon the authorization of such tax levy the board may issue	2708
notes in anticipation of such revenues, to mature in not more than	2709
two years from the date of issue, and to bear interest at not more	2710
than four per cent per annum.	2711

Sec. 511.01. If, in a township, a town hall is to be built,	2712
improved, enlarged, or removed at a cost greater than ten thousand	2713
dollars, the board of township trustees shall submit the question	2714
to the electors of such township and shall certify their	2715
resolution to the board of elections not later than four p.m. of	2716
the ~~seventy-fifth~~ninetieth day before the day of the election.	2717

Sec. 511.22. The board of township trustees shall direct the	2718
township fiscal officer to file a written notice, not later than	2719
four p.m. of the ~~seventy-fifth~~ninetieth day before the day of the	2720
election, with the board of elections having charge of the	2721
preparation of official ballots, that an election will be held as	2722
provided in section 511.21 of the Revised Code and that the	2723
following shall be printed on the ballot:	2724

"	YES	SHALL A PUBLIC PARK OR	2725
	NO	PUBLIC PARKS BE ESTABLISHED	2726
	IN .....(NAME)..... TOWNSHIP?"	2727

If a majority of the votes is in favor of the proposition, a	2728
park or parks shall be established for the township. If a majority	2729
of the votes cast is against the proposition, the board of park	2730
commissioners shall be abolished, and the board of township	2731
trustees shall provide for and pay all the proper expenses	2732
incurred by it.	2733

Sec. 511.27. (A) To defray the expenses of the township park	2734
district and for purchasing, appropriating, operating,	2735
maintaining, and improving lands for parks or recreational	2736
purposes, the board of park commissioners may levy a sufficient	2737
tax within the ten-mill limitation, not to exceed one mill on each	2738
dollar of valuation on all real and personal property within the	2739
township, and on all real and personal property within any	2740
municipal corporation that is within the township, that was within	2741
the township at the time that the park district was established,	2742
or the boundaries of which are coterminous with or include the	2743
township. The levy shall be over and above all other taxes and	2744
limitations on such property authorized by law.	2745

(B) Except as otherwise provided in division (C) of this	2746
section, the board of park commissioners, not less than	2747
~~seventy-five~~ninety days before the day of the election, may	2748
declare by resolution that the amount of taxes that may be raised	2749
within the ten-mill limitation will be insufficient to provide an	2750
adequate amount for the necessary requirements of the district and	2751
that it is necessary to levy a tax in excess of that limitation	2752
for the use of the district. The resolution shall specify the	2753
purpose for which the taxes shall be used, the annual rate	2754
proposed, and the number of consecutive years the levy will be in	2755
effect. Upon the adoption of the resolution, the question of	2756
levying the taxes shall be submitted to the electors of the	2757
township and the electors of any municipal corporation that is	2758
within the township, that was within the township at the time that	2759
the park district was established, or the boundaries of which are	2760
coterminous with or include the township, at a special election to	2761
be held on whichever of the following occurs first:	2762

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

2763

(2) The first Tuesday after the first Monday in May of any	2764
calendar year, except that, if a presidential primary election is	2765
held in that calendar year, then the day of that election.	2766

The rate submitted to the electors at any one election shall	2767
not exceed two mills annually upon each dollar of valuation. If a	2768
majority of the electors voting upon the question of the levy vote	2769
in favor of the levy, the tax shall be levied on all real and	2770
personal property within the township and on all real and personal	2771
property within any municipal corporation that is within the	2772
township, that was within the township at the time that the park	2773
district was established, or the boundaries of which are	2774
coterminous with or include the township, and the levy shall be	2775
over and above all other taxes and limitations on such property	2776
authorized by law.	2777

(C) In any township park district that contains only	2778
unincorporated territory, if the township board of park	2779
commissioners is appointed by the board of township trustees,	2780
before a tax can be levied and certified to the county auditor	2781
pursuant to section 5705.34 of the Revised Code or before a	2782
resolution for a tax levy can be certified to the board of	2783
elections pursuant to section 511.28 of the Revised Code, the	2784
board of park commissioners shall receive approval for its levy	2785
request from the board of township trustees. The board of park	2786
commissioners shall adopt a resolution requesting the board of	2787
township trustees to approve the levy request, stating the annual	2788
rate of the proposed levy and the reason for the levy request. On	2789
receiving this request, the board of township trustees shall vote	2790
on whether to approve the request and, if a majority votes to	2791
approve it, shall issue a resolution approving the levy at the	2792
requested rate.	2793

Sec. 511.28. A copy of any resolution for a tax levy adopted	2794
by the township board of park commissioners as provided in section	2795
511.27 of the Revised Code shall be certified by the clerk of the	2796
board of park commissioners to the board of elections of the	2797
proper county, together with a certified copy of the resolution	2798
approving the levy, passed by the board of township trustees if	2799
such a resolution is required by division (C) of section 511.27 of	2800
the Revised Code, not less than ~~seventy-five~~ninety days before a	2801
general or primary election in any year. The board of elections	2802
shall submit the proposal to the electors as provided in section	2803
511.27 of the Revised Code at the succeeding general or primary	2804
election. A resolution to renew an existing levy may not be placed	2805
on the ballot unless the question is submitted at the general	2806
election held during the last year the tax to be renewed may be	2807
extended on the real and public utility property tax list and	2808
duplicate, or at any election held in the ensuing year. The board	2809
of park commissioners shall cause notice that the vote will be	2810
taken to be published once a week for two consecutive weeks prior	2811
to the election in a newspaper of general circulation in the	2812
county within which the park district is located. Additionally, if	2813
the board of elections operates and maintains a web site, the	2814
board of elections shall post that notice on its web site for	2815
thirty days prior to the election. The notice shall state the	2816
purpose of the proposed levy, the annual rate proposed expressed	2817
in dollars and cents for each one hundred dollars of valuation as	2818
well as in mills for each one dollar of valuation, the number of	2819
consecutive years during which the levy shall be in effect, and	2820
the time and place of the election.	2821

The form of the ballots cast at the election shall be: "An	2822
additional tax for the benefit of (name of township park district)	2823
.......... for the purpose of (purpose stated in the order of the	2824
board) .......... at a rate not exceeding .......... mills for	2825
each one dollar of valuation, which amounts to (rate expressed in	2826
dollars and cents) .......... for each one hundred dollars of	2827
valuation, for (number of years the levy is to run) ..........	2828

2829

		FOR THE TAX LEVY			2830
		AGAINST THE TAX LEVY	"		2831

2832

If the levy submitted is a proposal to renew, increase, or	2833
decrease an existing levy, the form of the ballot specified in	2834
this section may be changed by substituting for the words "An	2835
additional" at the beginning of the form, the words "A renewal of	2836
a" in the case of a proposal to renew an existing levy in the same	2837
amount; the words "A renewal of .......... mills and an increase	2838
of .......... mills to constitute a" in the case of an increase;	2839
or the words "A renewal of part of an existing levy, being a	2840
reduction of .......... mills, to constitute a" in the case of a	2841
decrease in the rate of the existing levy.	2842

If the tax is to be placed on the current tax list, the form	2843
of the ballot shall be modified by adding, after the statement of	2844
the number of years the levy is to run, the phrase ", commencing	2845
in .......... (first year the tax is to be levied), first due in	2846
calendar year .......... (first calendar year in which the tax	2847
shall be due)."	2848

The question covered by the order shall be submitted as a	2849
separate proposition, but may be printed on the same ballot with	2850
any other proposition submitted at the same election, other than	2851
the election of officers. More than one such question may be	2852
submitted at the same election.	2853

Sec. 511.33. In paying any expenses of park management and	2854
of improvements authorized by section 511.32 of the Revised Code,	2855
the board of township trustees may appropriate and use for these	2856
purposes any funds in the township treasury then unappropriated	2857
for any other purpose. If there are no available funds in the	2858
treasury or an insufficient amount to pay for the desired park	2859
management and improvements in any year, the board may levy a tax	2860
in order to pay for the park management and improvements. The tax	2861
shall be levied upon all of the taxable property in the township	2862
and shall be certified, levied, and collected in the manner	2863
prescribed for the certification, levy, and collection of other	2864
township taxes. The money so raised shall be paid over to the	2865
township fiscal officer, and the fiscal officer shall pay the	2866
money out on the order of the board. If a sum greater than two	2867
thousand dollars is to be expended by the board for park	2868
management and improvement purposes in any one year, and the sum	2869
is not available from any unappropriated money in the township	2870
treasury, the question of levying the additional tax shall, before	2871
making a levy that will amount to more than two thousand dollars,	2872
be submitted to and approved by a majority of the electors of the	2873
township voting on the question. If the election is necessary, it	2874
shall be called at a regular meeting of the board, and the	2875
resolution shall be certified to the board of elections not later	2876
than four p.m. of the ~~seventy-fifth~~ninetieth day before the day	2877
of the election.	2878

Twenty days' notice of the election shall be given by the	2879
posting of notices of the election by the township fiscal officer	2880
in ten public places in the township, and provisions for holding	2881
the election shall be made by the board of elections upon	2882
receiving notice of the date and purpose of the election from the	2883
fiscal officer. This section and section 511.32 of the Revised	2884
Code do not repeal, affect, or modify any law relating to park	2885
commissioners, or prevent the appointment of park commissioners in	2886
the future.	2887

Sec. 511.34. In townships composed of islands, and on one of	2888
which islands lands have been conveyed in trust for the benefit of	2889
the inhabitants of the island for use as a park, and a board of	2890
park trustees has been provided for the control of the park, the	2891
board of township trustees may create a tax district of the island	2892
to raise funds by taxation as provided under divisions (A) and (B)	2893
of this section.	2894

(A) For the care and maintenance of parks on the island, the	2895
board of township trustees annually may levy a tax, not to exceed	2896
one mill, upon all the taxable property in the district. The tax	2897
shall be in addition to all other levies authorized by law, and	2898
subject to no limitation on tax rates except as provided in this	2899
division.	2900

The proceeds of the tax levy shall be expended by the board	2901
of township trustees for the purpose of the care and maintenance	2902
of the parks, and shall be paid out of the township treasury upon	2903
the orders of the board of park trustees.	2904

(B) For the purpose of acquiring additional land for use as a	2905
park, the board of township trustees may levy a tax in excess of	2906
the ten-mill limitation on all taxable property in the district.	2907
The tax shall be proposed by resolution adopted by two-thirds of	2908
the members of the board of township trustees. The resolution	2909
shall specify the purpose and rate of the tax and the number of	2910
years the tax will be levied, which shall not exceed five years,	2911
and which may include a levy on the current tax list and	2912
duplicate. The resolution shall go into immediate effect upon its	2913
passage, and no publication of the resolution is necessary other	2914
than that provided for in the notice of election. The board of	2915
township trustees shall certify a copy of the resolution to the	2916
proper board of elections not later than ~~seventy-five~~ninety days	2917
before the primary or general election in the township, and the	2918
board of elections shall submit the question of the tax to the	2919
voters of the district at the succeeding primary or general	2920
election. The board of elections shall make the necessary	2921
arrangements for the submission of the question to the electors of	2922
the district, and the election shall be conducted, canvassed, and	2923
certified in the same manner as regular elections in the township	2924
for the election of officers. Notice of the election shall be	2925
published in a newspaper of general circulation in the township	2926
once a week for two consecutive weeks prior to the election and,	2927
if the board of elections operates and maintains a web site,	2928
notice of the election also shall be posted on that web site for	2929
thirty days prior to the election. The notice shall state the	2930
purpose of the tax, the proposed rate of the tax expressed in	2931
dollars and cents for each one hundred dollars of valuation and	2932
mills for each one dollar of valuation, the number of years the	2933
tax will be in effect, the first year the tax will be levied, and	2934
the time and place of the election.	2935

The form of the ballots cast at an election held under this	2936
division shall be as follows:	2937

"An additional tax for the benefit of ......... (name of the	2938
township) for the purpose of acquiring additional park land at a	2939
rate of ......... mills for each one dollar of valuation, which	2940
amounts to ........ (rate expressed in dollars and cents) for each	2941
one hundred dollars of valuation, for ......... (number of years	2942
the levy is to run) beginning in ........... (first year the tax	2943
will be levied).	2944

2945

		FOR THE TAX LEVY			2946
		AGAINST THE TAX LEVY	"		2947

2948

The question shall be submitted as a separate proposition but	2949
may be printed on the same ballot with any other proposition	2950
submitted at the same election other than the election of	2951
officers. More than one such question may be submitted at the same	2952
election.	2953

If the levy is approved by a majority of electors voting on	2954
the question, the board of elections shall certify the result of	2955
the election to the tax commissioner. In the first year of the	2956
levy, the tax shall be extended on the tax lists after the	2957
February settlement following the election. If the tax is to be	2958
placed on the tax lists of the current year as specified in the	2959
resolution, the board of elections shall certify the result of the	2960
election immediately after the canvass to the board of township	2961
trustees, which shall forthwith make the necessary levy and	2962
certify the levy to the county auditor, who shall extend the levy	2963
on the tax lists for collection. After the first year of the levy,	2964
the levy shall be included in the annual tax budget that is	2965
certified to the county budget commission.	2966

Sec. 513.06. Upon the execution of the agreement provided	2967
for in section 513.05 of the Revised Code, the board of township	2968
trustees shall submit the question of the ratification of such	2969
agreement to the electors of the township at the next general	2970
election occurring not less than ~~seventy-five~~ninety days after	2971
the certification of the resolution to the board of elections. If	2972
the sums to be paid by the township under such agreement are not	2973
available from current general revenue of such township, the board	2974
shall also submit to the electors, at the same election, the	2975
question of the issue of bonds of the township, in the amount	2976
specified in such agreement, for the purpose of providing funds	2977
for the payment thereof. The proceedings in the matter of such	2978
election and in the issuance and sale of such bonds shall be as	2979
provided by Chapter 133. of the Revised Code. Such agreement shall	2980
not be effective, and no bonds shall be issued, unless the	2981
electors approve both the agreement and the bond issue, if the	2982
question of the issue of bonds is submitted.	2983

Sec. 513.13. The board of elections of the county in which a	2984
joint township hospital district, or the most populous portion of	2985
such district, lies shall, by resolution approved by a two-thirds	2986
vote of the joint township district hospital board, place upon the	2987
ballot for submission to the electorate of such district, at the	2988
next primary or general election, occurring not less than	2989
~~seventy-five~~ninety nor more than one hundred ~~twenty~~thirty-five	2990
days after the request is received from such joint township	2991
district hospital board, the question of levying a tax, not to	2992
exceed one mill outside the ten-mill limitation, for a period not	2993
to exceed five years, to provide funds for the payment of	2994
necessary expenses incurred in the operation of hospital	2995
facilities or, if required by agreement made under section 140.03	2996
of the Revised Code, for costs of hospital facilities or current	2997
operating expenses of hospital facilities, or both. Such	2998
resolution shall be certified to the board of elections not later	2999
than four p.m. of the ~~seventy-fifth~~ninetieth day before the day	3000
of the election. If a majority of the electors in such district	3001
voting on the proposition, vote in favor thereof, the county	3002
auditor of each county in which such district lies shall annually	3003
place a levy on the tax duplicate against the property in such	3004
district, in the amount required by the joint board of trustees of	3005
the district, but not to exceed one mill.	3006

Sec. 513.18. In the event any township, contiguous to a	3007
joint township hospital district, desires to become a part of such	3008
district in existence under sections 513.07 to 513.18 of the	3009
Revised Code, its board of township trustees, by a two-thirds	3010
favorable vote of the members of such board, after the existing	3011
joint township hospital board has, by a majority favorable vote of	3012
the members thereof, approved the terms under which such township	3013
proposes to join the district, shall become a part of the joint	3014
township district hospital board under such terms and with all the	3015
rights, privileges, and responsibilities enjoyed by and extended	3016
to the existing members of the hospital board under such sections,	3017
including representation on the board of hospital governors by the	3018
appointment of an elector of such township as a member thereof. If	3019
the terms under which such township proposes to join the hospital	3020
district involve a tax levy for the purpose of sharing the	3021
existing obligations, including bonded indebtedness, of the	3022
district or the necessary operating expenses of such hospital,	3023
such township shall not become a part of the district until its	3024
electors have approved such levy as provided in this section.	3025

Upon request of the board of township trustees of the	3026
township proposing to join such district, by resolution approved	3027
by a two-thirds vote of its members, the board of elections of the	3028
county in which the township lies shall place upon the ballot for	3029
submission to the electorate of such township at the next primary	3030
or general election occurring not less than ~~seventy-five~~ninety	3031
nor more than one hundred ~~twenty~~thirty-five days after such	3032
request is received from the board of township trustees the	3033
question of levying a tax, not to exceed one mill outside the	3034
ten-mill limitation, for a period of not to exceed five years, to	3035
provide funds for the payment of the township's share of the	3036
necessary expenses incurred in the operation of such hospital, or	3037
the question of levying a tax to pay the township's share of the	3038
existing obligations, including bonded indebtedness, of the	3039
district, or both questions may be submitted at the same primary	3040
or general election. If a majority of the electors voting on the	3041
propositions vote in favor thereof, the county auditor shall place	3042
such levies on the tax duplicate against the property in the	3043
township, which township shall thereby become a part of said joint	3044
township hospital district.	3045

Sec. 517.05. On the making of an order or the filing of an	3046
application as provided by section 517.04 of the Revised Code, the	3047
township fiscal officer shall certify the order or application to	3048
the board of elections not later than four p.m. of the	3049
~~seventy-fifth~~ninetieth day before the day of the election, and,	3050
at least twenty days before an election, the fiscal officer shall	3051
post written notices in at least three public places in the	3052
township that a vote will be taken on the question of the	3053
establishment of a cemetery. If a majority of the votes cast at	3054
the election on the proposition is in favor of establishing a	3055
cemetery, the board of township trustees shall procure the lands	3056
for that purpose and levy taxes as provided by section 517.03 of	3057
the Revised Code.	3058

Sec. 519.11. If the zoning resolution is adopted by the	3059
board of township trustees, such board shall cause the question of	3060
whether or not the proposed plan of zoning shall be put into	3061
effect to be submitted to the electors residing in the	3062
unincorporated area of the township included in the proposed plan	3063
of zoning for their approval or rejection at the next primary or	3064
general election, or a special election may be called for this	3065
purpose. Such resolution shall be filed with the board of	3066
elections not later than four p.m. of the ~~seventy-fifth~~ninetieth	3067
day before the day of the election. No zoning regulations shall be	3068
put into effect unless a majority of the vote cast on the issue is	3069
in favor of the proposed plan of zoning. Upon certification by the	3070
board of elections the resolution shall take immediate effect, if	3071
the plan was so approved.	3072

Within five working days after the resolution's effective	3073
date, the board of township trustees shall file it, including text	3074
and maps, in the office of the county recorder. The board shall	3075
also file duplicates of the same documents with the regional or	3076
county planning commission, if one exists, within the same period.	3077

The board shall file all resolutions, including text and	3078
maps, that are in effect on January 1, 1992, in the office of the	3079
county recorder within thirty working days after that date. The	3080
board shall also file duplicates of the same documents with the	3081
regional or county planning commission, if one exists, within the	3082
same period.	3083

The failure to file a resolution, or any text and maps, or	3084
duplicates of any of these documents, with the office of the	3085
county recorder or the county or regional planning commission as	3086
required by this section does not invalidate the resolution and is	3087
not grounds for an appeal of any decision of the board of zoning	3088
appeals.	3089

Sec. 519.12. (A)(1) Amendments to the zoning resolution may	3090
be initiated by motion of the township zoning commission, by the	3091
passage of a resolution by the board of township trustees, or by	3092
the filing of an application by one or more of the owners or	3093
lessees of property within the area proposed to be changed or	3094
affected by the proposed amendment with the township zoning	3095
commission. The board of township trustees may require that the	3096
owner or lessee of property filing an application to amend the	3097
zoning resolution pay a fee to defray the cost of advertising,	3098
mailing, filing with the county recorder, and other expenses. If	3099
the board of township trustees requires such a fee, it shall be	3100
required generally, for each application. The board of township	3101
trustees, upon the passage of such a resolution, shall certify it	3102
to the township zoning commission.	3103

(2) Upon the adoption of a motion by the township zoning	3104
commission, the certification of a resolution by the board of	3105
township trustees to the commission, or the filing of an	3106
application by property owners or lessees as described in division	3107
(A)(1) of this section with the commission, the commission shall	3108
set a date for a public hearing, which date shall not be less than	3109
twenty nor more than forty days from the date of the certification	3110
of such a resolution, the date of adoption of such a motion, or	3111
the date of the filing of such an application. Notice of the	3112
hearing shall be given by the commission by one publication in one	3113
or more newspapers of general circulation in the township at least	3114
ten days before the date of the hearing.	3115

(B) If the proposed amendment intends to rezone or redistrict	3116
ten or fewer parcels of land, as listed on the county auditor's	3117
current tax list, written notice of the hearing shall be mailed by	3118
the township zoning commission, by first class mail, at least ten	3119
days before the date of the public hearing to all owners of	3120
property within and contiguous to and directly across the street	3121
from the area proposed to be rezoned or redistricted to the	3122
addresses of those owners appearing on the county auditor's	3123
current tax list. The failure of delivery of that notice shall not	3124
invalidate any such amendment.	3125

(C) If the proposed amendment intends to rezone or redistrict	3126
ten or fewer parcels of land as listed on the county auditor's	3127
current tax list, the published and mailed notices shall set forth	3128
the time, date, and place of the public hearing and include all of	3129
the following:	3130

(1) The name of the township zoning commission that will be	3131
conducting the hearing;	3132

(2) A statement indicating that the motion, resolution, or	3133
application is an amendment to the zoning resolution;	3134

(3) A list of the addresses of all properties to be rezoned	3135
or redistricted by the proposed amendment and of the names of	3136
owners of those properties, as they appear on the county auditor's	3137
current tax list;	3138

(4) The present zoning classification of property named in	3139
the proposed amendment and the proposed zoning classification of	3140
that property;	3141

(5) The time and place where the motion, resolution, or	3142
application proposing to amend the zoning resolution will be	3143
available for examination for a period of at least ten days prior	3144
to the hearing;	3145

(6) The name of the person responsible for giving notice of	3146
the hearing by publication, by mail, or by both publication and	3147
mail;	3148

(7) A statement that, after the conclusion of the hearing,	3149
the matter will be submitted to the board of township trustees for	3150
its action;	3151

(8) Any other information requested by the commission.

3152

(D) If the proposed amendment alters the text of the zoning	3153
resolution, or rezones or redistricts more than ten parcels of	3154
land as listed on the county auditor's current tax list, the	3155
published notice shall set forth the time, date, and place of the	3156
public hearing and include all of the following:	3157

(1) The name of the township zoning commission that will be	3158
conducting the hearing on the proposed amendment;	3159

(2) A statement indicating that the motion, application, or	3160
resolution is an amendment to the zoning resolution;	3161

(3) The time and place where the text and maps of the	3162
proposed amendment will be available for examination for a period	3163
of at least ten days prior to the hearing;	3164

(4) The name of the person responsible for giving notice of	3165
the hearing by publication;	3166

(5) A statement that, after the conclusion of the hearing,	3167
the matter will be submitted to the board of township trustees for	3168
its action;	3169

(6) Any other information requested by the commission.

3170

(E) Within five days after the adoption of the motion	3171
described in division (A) of this section, the certification of	3172
the resolution described in division (A) of this section, or the	3173
filing of the application described in division (A) of this	3174
section, the township zoning commission shall transmit a copy of	3175
it together with text and map pertaining to it to the county or	3176
regional planning commission, if there is such a commission.	3177

The county or regional planning commission shall recommend	3178
the approval or denial of the proposed amendment or the approval	3179
of some modification of it and shall submit its recommendation to	3180
the township zoning commission. The recommendation shall be	3181
considered at the public hearing held by the township zoning	3182
commission on the proposed amendment.	3183

The township zoning commission, within thirty days after the	3184
hearing, shall recommend the approval or denial of the proposed	3185
amendment, or the approval of some modification of it, and submit	3186
that recommendation together with the motion, application, or	3187
resolution involved, the text and map pertaining to the proposed	3188
amendment, and the recommendation of the county or regional	3189
planning commission on it to the board of township trustees.	3190

The board of township trustees, upon receipt of that	3191
recommendation, shall set a time for a public hearing on the	3192
proposed amendment, which date shall not be more than thirty days	3193
from the date of the receipt of that recommendation. Notice of the	3194
hearing shall be given by the board by one publication in one or	3195
more newspapers of general circulation in the township, at least	3196
ten days before the date of the hearing.	3197

(F) If the proposed amendment intends to rezone or redistrict	3198
ten or fewer parcels of land as listed on the county auditor's	3199
current tax list, the published notice shall set forth the time,	3200
date, and place of the public hearing and include all of the	3201
following:	3202

(1) The name of the board of township trustees that will be	3203
conducting the hearing;	3204

(2) A statement indicating that the motion, application, or	3205
resolution is an amendment to the zoning resolution;	3206

(3) A list of the addresses of all properties to be rezoned	3207
or redistricted by the proposed amendment and of the names of	3208
owners of those properties, as they appear on the county auditor's	3209
current tax list;	3210

(4) The present zoning classification of property named in	3211
the proposed amendment and the proposed zoning classification of	3212
that property;	3213

(5) The time and place where the motion, application, or	3214
resolution proposing to amend the zoning resolution will be	3215
available for examination for a period of at least ten days prior	3216
to the hearing;	3217

(6) The name of the person responsible for giving notice of	3218
the hearing by publication, by mail, or by both publication and	3219
mail;	3220

(7) Any other information requested by the board.

3221

(G) If the proposed amendment alters the text of the zoning	3222
resolution, or rezones or redistricts more than ten parcels of	3223
land as listed on the county auditor's current tax list, the	3224
published notice shall set forth the time, date, and place of the	3225
public hearing and include all of the following:	3226

(1) The name of the board of township trustees that will be	3227
conducting the hearing on the proposed amendment;	3228

(2) A statement indicating that the motion, application, or	3229
resolution is an amendment to the zoning resolution;	3230

(3) The time and place where the text and maps of the	3231
proposed amendment will be available for examination for a period	3232
of at least ten days prior to the hearing;	3233

(4) The name of the person responsible for giving notice of	3234
the hearing by publication;	3235

(5) Any other information requested by the board.

3236

(H) Within twenty days after its public hearing, the board of	3237
township trustees shall either adopt or deny the recommendations	3238
of the township zoning commission or adopt some modification of	3239
them. If the board denies or modifies the commission's	3240
recommendations, a majority vote of the board shall be required.	3241

The proposed amendment, if adopted by the board, shall become	3242
effective in thirty days after the date of its adoption, unless,	3243
within thirty days after the adoption, there is presented to the	3244
board of township trustees a petition, signed by a number of	3245
registered electors residing in the unincorporated area of the	3246
township or part of that unincorporated area included in the	3247
zoning plan equal to not less than eight per cent of the total	3248
vote cast for all candidates for governor in that area at the most	3249
recent general election at which a governor was elected,	3250
requesting the board of township trustees to submit the amendment	3251
to the electors of that area for approval or rejection at a	3252
special election to be held on the day of the next primary or	3253
general election that occurs at least ~~seventy-five~~ninety days	3254
after the petition is filed. Each part of this petition shall	3255
contain the number and the full and correct title, if any, of the	3256
zoning amendment resolution, motion, or application, furnishing	3257
the name by which the amendment is known and a brief summary of	3258
its contents. In addition to meeting the requirements of this	3259
section, each petition shall be governed by the rules specified in	3260
section 3501.38 of the Revised Code.	3261

The form of a petition calling for a zoning referendum and	3262
the statement of the circulator shall be substantially as follows:	3263

"PETITION FOR ZONING REFERENDUM	3264

(if the proposal is identified by a particular name or number, or	3265
both, these should be inserted here) .......................	3266

A proposal to amend the zoning map of the unincorporated area	3267
of ............. Township, ................. County, Ohio, adopted	3268
.....(date)..... (followed by brief summary of the proposal).	3269

To the Board of Township Trustees of .....................	3270
Township, ................. County, Ohio:	3271

We, the undersigned, being electors residing in the	3273
unincorporated area of ....................... Township, included	3274
within the ............. Township Zoning Plan, equal to not less	3275
than eight per cent of the total vote cast for all candidates for	3276
governor in the area at the preceding general election at which a	3277
governor was elected, request the Board of Township Trustees to	3278
submit this amendment of the zoning resolution to the electors of	3279
........................ Township residing within the	3280
unincorporated area of the township included in the	3281
.................. Township Zoning Resolution, for approval or	3282
rejection at a special election to be held on the day of the	3283
primary or general election to be held on .....(date).....,	3284
pursuant to section 519.12 of the Revised Code.	3285

	Street Address				Date of	3286
Signature	or R.F.D.	Township	Precinct	County	Signing	3287
	3288
	3289

STATEMENT OF CIRCULATOR	3290

I, .............(name of circulator).........., declare under	3291
penalty of election falsification that I am an elector of the	3292
state of Ohio and reside at the address appearing below my	3293
signature; that I am the circulator of the foregoing part petition	3294
containing .......(number)....... signatures; that I have	3295
witnessed the affixing of every signature; that all signers were	3296
to the best of my knowledge and belief qualified to sign; and that	3297
every signature is to the best of my knowledge and belief the	3298
signature of the person whose signature it purports to be or of an	3299
attorney in fact acting pursuant to section 3501.382 of the	3300
Revised Code.	3301

			3302
	(Signature of circulator)		3303
			3304
	(Address of circulator's permanent		3305
	residence in this state)		3306
			3307
	(City, village, or township,		3308
	and zip code)		3309

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY	3310
OF THE FIFTH DEGREE."	3311

The petition shall be filed with the board of township	3312
trustees and shall be accompanied by an appropriate map of the	3313
area affected by the zoning proposal. Within two weeks after	3314
receiving a petition filed under this section, the board of	3315
township trustees shall certify the petition to the board of	3316
elections. A petition filed under this section shall be certified	3317
to the board of elections not less than ~~seventy-five~~ninety days	3318
prior to the election at which the question is to be voted upon.	3319

The board of elections shall determine the sufficiency and	3320
validity of each petition certified to it by a board of township	3321
trustees under this section. If the board of elections determines	3322
that a petition is sufficient and valid, the question shall be	3323
voted upon at a special election to be held on the day of the next	3324
primary or general election that occurs at least ~~seventy-five~~	3325
ninety days after the date the petition is filed with the board of	3326
township trustees, regardless of whether any election will be held	3327
to nominate or elect candidates on that day.	3328

No amendment for which such a referendum vote has been	3329
requested shall be put into effect unless a majority of the vote	3330
cast on the issue is in favor of the amendment. Upon certification	3331
by the board of elections that the amendment has been approved by	3332
the voters, it shall take immediate effect.	3333

Within five working days after an amendment's effective date,	3334
the board of township trustees shall file the text and maps of the	3335
amendment in the office of the county recorder and with the county	3336
or regional planning commission, if one exists.	3337

The failure to file any amendment, or any text and maps, or	3338
duplicates of any of these documents, with the office of the	3339
county recorder or the county or regional planning commission as	3340
required by this section does not invalidate the amendment and is	3341
not grounds for an appeal of any decision of the board of zoning	3342
appeals.	3343

Sec. 519.25. In any township in which there is in force a	3344
plan of township zoning, the plan may be repealed by the board of	3345
township trustees in the following manner:	3346

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

3347

(B) The board shall adopt a resolution if there is presented	3348
to it a petition, similar in all relevant aspects to that	3349
prescribed in section 519.12 of the Revised Code, signed by a	3350
number of qualified electors residing in the unincorporated area	3351
of such township included in the zoning plan equal to not less	3352
than eight per cent of the total vote cast for all candidates for	3353
governor in such area at the most recent general election at which	3354
a governor was elected, requesting that the question of whether or	3355
not the plan of zoning in effect in such township shall be	3356
repealed be submitted to the electors residing in the	3357
unincorporated area of the township included in the zoning plan at	3358
a special election to be held on the day of the next primary or	3359
general election. The resolution adopted by the board of township	3360
trustees to cause such question to be submitted to the electors	3361
shall be certified to the board of elections not later than	3362
~~seventy-five~~ninety days prior to the day of election at which	3363
said question is to be voted upon. In the event a majority of the	3364
vote cast on such question in the township is in favor of repeal	3365
of zoning, then such regulations shall no longer be of any effect.	3366
Not more than one such election shall be held in any two calendar	3367
years.	3368

Sec. 705.01. Whenever electors of any municipal corporation,	3369
equal in number to ten per cent of those who voted at the last	3370
regular municipal election, file a petition with the board of	3371
elections of the county in which such municipal corporation is	3372
situated, asking that the question of organizing the municipal	3373
corporation under any one of the plans of government provided in	3374
sections 705.41 to 705.86 of the Revised Code, be submitted to the	3375
electors thereof, such board shall at once certify that fact to	3376
the legislative authority of the municipal corporation and the	3377
legislative authority shall, within thirty days, provide for	3378
submitting such question at a special election, to be held not	3379
less than ~~seventy-five~~ninety days after the filing of such	3380
petition. Any such election shall be conducted in accordance with	3381
the general election laws except as otherwise provided in sections	3382
705.01 to 705.92 of the Revised Code, and the legislative	3383
authority of any municipal corporation holding such an election	3384
shall appropriate whatever money is necessary for the proper	3385
conduct of such election.	3386

Sec. 707.21. The first election of officers for a municipal	3387
corporation organized under Chapter 707,. of the Revised Code	3388
shall be held at the time of the next regular municipal election	3389
if one occurs not less than one hundred five nor more than one	3390
hundred eighty days after the creation of the municipal	3391
corporation. Otherwise a special election shall be held. Such	3392
special election may be held on the day of a primary or general	3393
election or on a date set by the board of elections. Nominations	3394
of candidates for election to municipal office at a special	3395
election shall be made by nominating petition and shall be signed	3396
by not less than twenty-five qualified electors nor more than	3397
fifty qualified electors of the township or of the portion thereof	3398
which has been incorporated into such municipal corporation, and	3399
be filed with the board of elections not less than ~~sixty~~ninety	3400
days before the day of the election.	3401

Municipal officers elected at such special election shall	3402
hold office until the first day of January next after the first	3403
regular municipal election occurring not less than one hundred	3404
five days after the creation of such municipal corporation.	3405

Sec. 709.29. Within thirty days after filing the conditions	3406
of annexation as provided by section 709.28 of the Revised Code	3407
with the legislative authorities of the municipal corporations,	3408
the legislative authorities of both such municipal corporations	3409
shall order the question of annexation, upon the conditions	3410
contained in the report of such commissioners, to be submitted to	3411
a vote at the next regular election or primary election, occurring	3412
not less than ~~seventy-five~~ninety days after the filing of such	3413
conditions with the board of elections.	3414

Each ordinance shall prescribe the manner in which the	3415
submission shall be made and shall be published in its respective	3416
municipal corporation by posters or otherwise, for a period of at	3417
least twenty days, prior to the time fixed for the election, in	3418
such manner as the legislative authority deems most expedient, and	3419
a printed copy of such conditions shall be mailed to each voter of	3420
such municipal corporations, as shown by the registration books.	3421

Sec. 709.39. The freehold electors owning lands in any	3422
portion of a village, such portion being contiguous to an	3423
adjoining township, and comprising not less than one thousand five	3424
hundred acres of land, may file a petition with the board of	3425
elections in such county requesting that an election be held to	3426
obtain the opinion of the freehold electors owning lands and	3427
residing within such portion of the village upon the question of	3428
the detachment of the portion from such village, or, upon the	3429
question of the detachment of such portion from the village and	3430
the erection of such detached portion into a new township. Such	3431
petition shall contain:	3432

(A) An accurate description of the territory sought to be	3433
detached;	3434

(B) An accurate map or plat thereof;

3435

(C) If the erection of a new township is also sought, the	3436
name proposed for such new township;	3437

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

3438

(E) Signatures equal in number to fifteen per cent of the	3439
total number of votes cast at the last general election in such	3440
territory.	3441

Within ten days after the filing of such petition with the	3442
board the board shall determine whether the petition conforms to	3443
this section. If it does not conform, no further action shall be	3444
taken thereon. If it does conform, the board shall order an	3445
election, as prayed for in the petition, which election shall be	3446
held at a convenient place within the territory sought to be	3447
detached, on a day named by the board, which day shall be not less	3448
than ~~seventy-five~~ninety days thereafter. The board shall	3449
thereupon give ten days' notice of such election by publication in	3450
a newspaper of general circulation in such territory, and shall	3451
cause written or printed notices thereof to be posted in three or	3452
more public places in such territory. The election shall be	3453
conducted in the manner provided in Title XXXV of the Revised	3454
Code, and the judges and clerks thereof shall be designated by	3455
such board.	3456

If no freehold electors own lands in the portion of the	3457
village seeking to be detached, the owners of lands within that	3458
portion may file a petition with the board of county commissioners	3459
requesting that the board proceed with the detachment procedures,	3460
or with procedures for the detachment and erection of the portion	3461
of the village into a new township, pursuant to section 709.38 of	3462
the Revised Code. The petition shall contain the items required in	3463
divisions (A), (B), and (D) of this section, and signatures equal	3464
in number to at least a majority of the owners of land within the	3465
portion of the village seeking to be detached.	3466

The ballots shall contain the words "for detachment," and	3467
"against detachment." If a majority of the ballots cast at such	3468
election are cast against detachment, no further proceedings shall	3469
be had in relation thereto for a period of two years. If a	3470
majority of the votes cast at such election are cast for	3471
detachment, the result of such election, together with the	3472
original petition and plat and a transcript of all the proceedings	3473
of such board in reference thereto shall be certified by the board	3474
and delivered to the county recorder, who shall forthwith make a	3475
record of the petition and plat and transcript of all the	3476
proceedings of the board and the result of the election, in the	3477
public book of records, and preserve in ~~his~~the recorder's office	3478
the original papers delivered to ~~him~~the recorder by such board.	3479
The recorder shall certify thereon that the transcribed petition	3480
and map are properly recorded. ~~When the recorder has~~After having	3481
made such record, hethe recorder shall certify and forward to the	3482
secretary of state, a transcript thereof.	3483

The detachment of such territory from the village shall	3484
thereupon be complete, and, if the petition included a request	3485
that such territory be erected into a new township, the territory	3486
shall thereupon constitute a new township, under the name and	3487
style specified in such petition. All expense involved in holding	3488
such election, and in the filing, recording, and transcribing of	3489
the records, provided for in this section, shall be defrayed by	3490
the petitioners, and the board and the recorder may require the	3491
payment thereof in advance as a condition precedent to the taking	3492
by them, or either of them, of any action provided for in this	3493
section.	3494

Sec. 709.45. (A) A petition may be filed with the board of	3495
elections proposing that one or more municipal corporations be	3496
merged with another municipal corporation, or that the	3497
unincorporated area of a township be merged with one or more	3498
municipal corporations, as provided by section 709.44 of the	3499
Revised Code. The petition may be presented in separate petition	3500
papers. Each petition paper shall contain, in concise language,	3501
the purpose of the petition and the names of not less than five	3502
electors of each affected municipal corporation, or the names of	3503
not less than five electors of the unincorporated area of the	3504
township and the names of not less than five electors of each	3505
affected municipal corporation, to be nominated to serve as	3506
commissioners. The petition shall be governed by the rules of	3507
section 3501.38 of the Revised Code. The petition shall contain	3508
signatures of electors of each municipal corporation or of each	3509
municipal corporation and the unincorporated area of the township	3510
proposed to be merged and signatures of electors of the municipal	3511
corporation with which merger is proposed, numbering not less than	3512
ten per cent of the number of electors residing in each such	3513
political subdivision who voted for the office of governor at the	3514
most recent general election for that office.	3515

(B) The petition shall be filed with the board of elections	3516
of the county in which the largest portion of the population of	3517
the municipal corporation with which merger is proposed resides.	3518
The board of elections shall cause the validity of all signatures	3519
to be ascertained and, in doing so, may require the assistance of	3520
boards of elections of other counties as the case requires. If the	3521
petition is sufficient, the board of elections of the county in	3522
which the petition is required to be filed shall submit the	3523
question: "Shall a commission be chosen to draw up a statement of	3524
conditions for merger of the political subdivisions of .........,	3525
..........., and ...........?" for the approval or rejection of	3526
the electors of each political subdivision proposed to be merged	3527
and the electors of the municipal corporation to which merger is	3528
proposed at the next general election, in any year, occurring	3529
subsequent to the period ending ~~seventy-five~~ninety days after the	3530
filing of the petition with the board. Provision shall be made on	3531
the ballot for the election, from each of the component political	3532
subdivisions, of five electors who shall constitute the commission	3533
to draw up the statement of conditions for merger of the political	3534
subdivisions. If any of the political subdivisions for which	3535
merger is proposed are located wholly or partially in a county	3536
other than the one in which the petition is required to be filed,	3537
the board of elections of the county in which the petition is	3538
filed shall, if the petition is found to be sufficient, certify	3539
the sufficiency of the petition and the statement of the issue to	3540
be voted on to the boards of elections of those other counties;	3541
the boards of elections of those other counties shall submit the	3542
question of merging and the names of candidates to be elected to	3543
the commission to draw up the statement of conditions for merger,	3544
for the approval or rejection of the electors in the portions of	3545
those political subdivisions within their respective counties;	3546
and, upon the holding of the election, the boards of elections of	3547
those other counties shall certify the election results to the	3548
board of elections of the county in which the petition is required	3549
to be filed.	3550

(C) In addition to the filing of the petition with the board	3551
of elections as provided in division (B) of this section, a copy	3552
of the petition shall be filed with the legislative authority of	3553
each affected municipal corporation and, if applicable, the board	3554
of township trustees of the affected township. At a public meeting	3555
scheduled not less than thirty days before the date of the	3556
election at which the question of merging goes before the	3557
electors, each of those legislative authorities and, if	3558
applicable, the board of township trustees shall state and explain	3559
their position on the proposed merger.	3560

Sec. 709.462. (A) Once proposed merger conditions are	3561
prepared, the members of the commission shall vote on them.	3562

(B) If no proposed merger condition can be agreed upon by a	3563
majority of the members of the commission from each political	3564
subdivision, the members of the commission may vote on whether the	3565
merger should not occur. If, in that situation, a majority of the	3566
members of the commission from each political subdivision votes	3567
against the merger, no further proceedings shall be had on the	3568
petition filed under section 709.45 of the Revised Code, and no	3569
further petitions shall be filed under that section proposing a	3570
merger of any or all of the political subdivisions that were the	3571
subjects of that petition for at least three years after the date	3572
of the commission's vote.	3573

(C) If proposed merger conditions are agreed upon by a	3574
majority of the members of the commission from each political	3575
subdivision, the commission shall issue a report listing the	3576
conditions agreed to and the reasoning behind adopting each	3577
condition. In addition, after the next general election occurring	3578
after the election of the members of the commission, but not less	3579
than ~~seventy-five~~ninety days preceding the second general	3580
election occurring after the election of the members of the	3581
commission, the commission, unless it has ceased to exist under	3582
division (D) of this section, shall certify the fact of that	3583
agreement and a list of the agreed-to merger conditions to the	3584
board of elections of each of the counties in which the political	3585
subdivisions proposed for merger are located. The question of the	3586
approval or rejection of the merger conditions shall be submitted	3587
to the voters at that second general election occurring after the	3588
election of the members of the commission. The boards of elections	3589
shall submit the merger conditions for the approval or rejection	3590
of the electors in the portions of the political subdivisions	3591
within their respective counties, and, upon the holding of the	3592
election, each board of elections other than the board of the	3593
county in which the petition is required to be filed shall certify	3594
its results to the board of elections of the county in which the	3595
petition is required to be filed.	3596

(D) Regardless of whether a merger commission succeeds in	3597
reaching an agreement, the commission shall cease to exist on the	3598
~~seventy-fifth~~ninetieth day preceding the next general election	3599
occurring after the election of the members of the commission,	3600
unless the commission requests an extension of time from the	3601
legislative authority of each political subdivision involved and	3602
each of those legislative authorities approves the extension. This	3603
extension of time may be only until the ~~seventy-fifth~~ninetieth	3604
day preceding the second general election occurring after the	3605
election of the members of the commission. If the commission	3606
ceases to exist under this division, no further petitions shall be	3607
filed under section 709.45 of the Revised Code proposing a merger	3608
of any or all of the political subdivisions that were the subjects	3609
of the petition considered by the commission for at least three	3610
years after the date the commission ceases to exist.	3611

Sec. 709.48. On and after the date on which a petition is	3612
filed with the board of elections under section 709.45 of the	3613
Revised Code for the election of a merger commission for the	3614
merger of one or more municipal corporations and the	3615
unincorporated territory of a township, no petition for the	3616
annexation of any part of the unincorporated territory of the	3617
township shall be filed with a board of county commissioners under	3618
section 709.03 or 709.15 of the Revised Code, until one of the	3619
following occurs:	3620

(A) The question of forming a merger commission is defeated	3621
at the election provided for under section 709.45 of the Revised	3622
Code by a majority of the electors of any one of the municipal	3623
corporations or the unincorporated territory of the township in	3624
which the election is held.	3625

(B) The merger commission elected pursuant to section 709.45	3626
of the Revised Code fails to reach agreement on merger conditions	3627
by the ~~seventy-fifth~~ninetieth day preceding the next general	3628
election occurring after the election of the members of the	3629
commission or, if the time for the commission's existence is	3630
extended under division (D) of section 709.462 of the Revised	3631
Code, by the date that extension ceases, whichever is later.	3632

(C) The merger conditions agreed upon by the merger	3633
commission are defeated by a majority of the electors of any one	3634
of the municipal corporations or the unincorporated territory of	3635
the township in which the election on the conditions is held.	3636

Sec. 709.50. (A) Notwithstanding any other section of the	3637
Revised Code, when a township contains at least ninety per cent of	3638
the geographic area of a municipal corporation, either that	3639
township or the municipal corporation may remove that part of that	3640
township that is located within the municipal corporation from	3641
that township if all of the following apply:	3642

(1) The electors of the township and the municipal	3643
corporation have voted to approve the establishment of a merger	3644
commission pursuant to section 709.45 of the Revised Code.	3645

(2) The unincorporated territory of the township has a	3646
population of more than nine thousand.	3647

(3) The township has previously adopted a limited home rule	3648
government under Chapter 504. of the Revised Code and a township	3649
zoning resolution under Chapter 519. of the Revised Code.	3650

(4) Not later than December 31, 1994, either the township	3651
adopts a resolution or the municipal corporation adopts a	3652
resolution or ordinance to remove that part of the township that	3653
is located in the municipal corporation from the township. Any	3654
resolution or ordinance adopted under division (A)(4) of this	3655
section shall include an accurate description of the land to be	3656
removed. The political subdivision that adopts an ordinance or	3657
resolution under division (A)(4) of this section shall file with	3658
the county recorder a copy of it certified by the county auditor,	3659
together with a map or plat certified by the county auditor of the	3660
land to be removed. The county recorder shall record the ordinance	3661
or resolution and the map or plat.	3662

(B) If either the township or the municipal corporation takes	3663
the action described in division (A)(4) of this section, the	3664
removal shall occur. After the removal, the unincorporated	3665
territory of the township shall no longer receive any revenue by	3666
virtue of its relationship to the municipal corporation. As soon	3667
as practicable after a removal occurs under this section, the	3668
board of county commissioners shall ascertain whether there is any	3669
joint indebtedness of the unincorporated territory of the township	3670
and the municipal corporation. If there is any such indebtedness,	3671
the board of county commissioners shall apportion it in accordance	3672
with section 503.10 of the Revised Code.	3673

(C)(1) If a removal occurs under this section, all or part of	3674
the unincorporated territory of the township may become a village	3675
if the board of township trustees adopts, by unanimous vote, a	3676
resolution for all or part of that territory to become a village.	3677
The board of township trustees shall file with the county recorder	3678
a copy of any resolution it adopts under division (C)(1) of this	3679
section certified by the county auditor, together with a map or	3680
plat certified by the county auditor of the land to be included in	3681
the village. The county recorder shall record the resolution and	3682
the map or plat. Once the board adopts a resolution under division	3683
(C)(1) of this section, no land within the area that will	3684
constitute the village may be annexed, and any pending annexation	3685
proceeding that includes land in that area shall be considered to	3686
be terminated with regard to that land.	3687

(2) If the board does not adopt a resolution under division	3688
(C)(1) of this section, or if the board adopts such a resolution	3689
in which only a part of the unincorporated territory becomes a	3690
village, the board of county commissioners shall attach all the	3691
unincorporated territory that does not become a village to any	3692
township contiguous to that territory or erect that territory into	3693
a new township, the boundaries of which need not include	3694
twenty-two square miles of territory.	3695

(D) If a board of township trustees adopts a resolution under	3696
division (C)(1) of this section for all or part of the township's	3697
unincorporated territory to become a village, the board shall	3698
serve as the legislative authority of the area constituting the	3699
village until the next regular municipal election that occurs at	3700
least ~~seventy-five~~ninety days after the adoption of the	3701
resolution. At that election, the legislative authority of the	3702
village shall be elected under section 731.09 of the Revised Code	3703
and all other officers of the village shall be elected under	3704
Chapter 733. of the Revised Code.	3705

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

3706

(1) "Contracting party" means a municipal corporation that	3707
has entered into a joint economic development zone contract or any	3708
party succeeding to such a municipal corporation.	3709

(2) "Contract for utility services" means a contract under	3710
which a municipal corporation agrees to provide to another	3711
municipal corporation water, sewer, electric, or other utility	3712
services necessary to the public health, safety, and welfare.	3713

(3) "Joint economic development zone contract" means a	3714
contract described in and entered into under division (B) of this	3715
section.	3716

(4) "Zone" means a joint economic development zone designated	3717
under this section.	3718

(B) Two or more municipal corporations may enter into a	3719
contract whereby they agree to share in the costs of improvements	3720
for an area or areas located in one or more of the contracting	3721
parties that they designate as a joint economic development zone	3722
for the purpose of facilitating new or expanded growth for	3723
commercial or economic development in the state. Except as	3724
otherwise provided in division (I) of this section, the contract	3725
and zone shall meet the requirements of divisions (B) to (H) of	3726
this section.	3727

(C) The contract shall set forth each contracting party's	3728
contribution to the joint economic development zone. The	3729
contributions may be in any form that the contracting parties	3730
agree to, subject to divisions (G) and (I) of this section, and	3731
may include, but are not limited to, the provision of services,	3732
money, or equipment. The contract may provide for the contracting	3733
parties to distribute among themselves, in the manner they agree	3734
to, any municipal income tax revenues derived from the income	3735
earned by persons employed by businesses that locate within the	3736
zone after it is designated by the contracting parties and from	3737
the net profits of such businesses. Except as provided in	3738
divisions (G) and (I) of this section, the contract may be	3739
amended, renewed, or terminated with the consent of the	3740
contracting parties.	3741

(D) Before the legislative authority of any of the	3742
contracting parties enacts an ordinance approving a contract to	3743
designate a joint economic development zone, the legislative	3744
authority of each of the contracting parties shall hold a public	3745
hearing concerning the contract and zone. Each such legislative	3746
authority shall provide at least thirty days' public notice of the	3747
time and place of the public hearing in a newspaper of general	3748
circulation in the municipal corporation. During the thirty-day	3749
period prior to the public hearing, all of the following documents	3750
shall be available for public inspection in the office of the	3751
clerk of the legislative authority of each of the contracting	3752
parties:	3753

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

3754

(2) A description of the area or areas to be included in the	3755
zone, including a map in sufficient detail to denote the specific	3756
boundaries of the area or areas;	3757

(3) An economic development plan for the zone that includes a	3758
schedule for the provision of any new, expanded, or additional	3759
services, facilities, or improvements.	3760

A public hearing held under division (D) of this section	3761
shall allow for public comment and recommendations on the contract	3762
and zone. The contracting parties may include in the contract any	3763
of those recommendations prior to approval of the contract.	3764

(E) After the public hearings required under division (D) of	3765
this section have been held, each contracting party may enact an	3766
ordinance approving the contract to designate a joint economic	3767
development zone. After each contracting party has enacted such an	3768
ordinance, the clerk of the legislative authority of each	3769
contracting party shall file with the board of elections of each	3770
county within which a contracting party is located a copy of the	3771
ordinance approving the contract and shall direct the board of	3772
elections to submit the ordinance to the electors of the	3773
contracting party on the day of the next general, primary, or	3774
special election occurring at least ~~seventy-five~~ninety days after	3775
the ordinance is filed with the board of elections.	3776

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

3777

"Shall the ordinance of the legislative authority of the	3778
(city or village) of (name of contracting party) approving the	3779
contract with (name of each other contracting party) for the	3780
designation of a joint economic development zone be approved?	3781

3782

		FOR THE ORDINANCE AND CONTRACT			3783
		AGAINST THE ORDINANCE AND CONTRACT	"		3784

3785

If a majority of the electors of each contracting party voting on	3786
the issue vote for the ordinance and contract, the ordinance shall	3787
become effective immediately and the contract shall go into effect	3788
immediately or in accordance with its terms.	3789

(G) If two or more contracting parties previously have	3790
entered into a separate contract for utility services, then	3791
amendment, renewal, or termination of the separate contract for	3792
utility services shall not constitute a part of the consideration	3793
for a joint economic development zone contract unless the	3794
legislative authority of each contracting party determines all of	3795
the following:	3796

(1) That the creation of the joint economic development zone	3797
will facilitate new or expanded growth for commercial or economic	3798
development in this state;	3799

(2) That substantial consideration exists to support the	3800
joint economic development zone contract;	3801

(3) That the contracting parties are entering into the joint	3802
economic development zone contract freely and without duress or	3803
coercion related to the amendment, renewal, or termination of the	3804
separate contract for utility services.	3805

(H) A joint economic development zone contract that does not	3806
satisfy division (G) of this section is void and unenforceable. If	3807
the joint economic development zone contract provides for the	3808
extension of utility service or the provision of utility service	3809
at a lower rate than is currently in effect, any action claiming	3810
duress or coercion relating to a joint economic development zone	3811
contract may be brought only by a contracting party, and must be	3812
brought before the contracting parties enter into the joint	3813
economic development zone contract. The signing of the joint	3814
economic development zone contract as authorized by the	3815
contracting parties is conclusive evidence as to the	3816
determinations set forth under division (G) of this section.	3817

(I) If one of the contracting parties is an impacted city as	3818
defined in division (C) of section 1728.01 of the Revised Code,	3819
then divisions (D) to (F) of this section shall not apply to the	3820
joint economic development zone contract or to the joint economic	3821
development zone to which that contract relates unless the	3822
contracting parties agree that those divisions shall apply.	3823

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

3824

(1) "Contracting party" means a municipal corporation that	3825
has entered into a joint economic development zone contract or any	3826
party succeeding to the municipal corporation, or a township that	3827
entered into a joint economic development zone contract with a	3828
municipal corporation.	3829

(2) "Zone" means a joint economic development zone designated	3830
under this section.	3831

(B) This section provides alternative procedures and	3832
requirements for creating and operating a joint economic	3833
development zone to those set forth in section 715.69 of the	3834
Revised Code. This section applies only if one of the contracting	3835
parties to the zone does not levy a municipal income tax under	3836
Chapter 718. of the Revised Code. A municipal corporation that	3837
does not levy a municipal income tax may enter into an agreement	3838
to create and operate a joint economic development zone under this	3839
section or under section 715.69 of the Revised Code.	3840

Two or more municipal corporations or one or more townships	3841
and one or more municipal corporations may enter into a contract	3842
whereby they agree to share in the costs of improvements for an	3843
area or areas located in one or more of the contracting parties	3844
that they designate as a joint economic development zone for the	3845
purpose of facilitating new or expanded growth for commercial or	3846
economic development in the state. The contract and zone shall	3847
meet the requirements of divisions (B) to (J) of this section.	3848

(C) The contract shall set forth each contracting party's	3849
contribution to the joint economic development zone. The	3850
contributions may be in any form that the contracting parties	3851
agree to, and may include, but are not limited to, the provision	3852
of services, money, or equipment. The contract may be amended,	3853
renewed, or terminated with the consent of the contracting	3854
parties. The contract shall continue in existence throughout the	3855
term it specifies and shall be binding on the contracting parties	3856
and on any entities succeeding to the contracting parties.	3857

(D) Before the legislative authority of any of the	3858
contracting parties enacts an ordinance or resolution approving a	3859
contract to designate a joint economic development zone, the	3860
legislative authority of each of the contracting parties shall	3861
hold a public hearing concerning the contract and zone. Each	3862
legislative authority shall provide at least thirty days' public	3863
notice of the time and place of the public hearing in a newspaper	3864
of general circulation in the municipal corporation or township.	3865
During the thirty-day period prior to the public hearing, all of	3866
the following documents shall be available for public inspection	3867
in the office of the clerk of the legislative authority of a	3868
municipal corporation that is a contracting party and in the	3869
office of the fiscal officer of a township that is a contracting	3870
party:	3871

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

3872

(2) A description of the area or areas to be included in the	3873
zone, including a map in sufficient detail to denote the specific	3874
boundaries of the area or areas;	3875

(3) An economic development plan for the zone that includes a	3876
schedule for the provision of any new, expanded, or additional	3877
services, facilities, or improvements.	3878

A public hearing held under division (D) of this section	3879
shall allow for public comment and recommendations on the contract	3880
and zone. The contracting parties may include in the contract any	3881
of those recommendations prior to approval of the contract.	3882

(E) After the public hearings required under division (D) of	3883
this section have been held, each contracting party may enact an	3884
ordinance or resolution approving the contract to designate a	3885
joint economic development zone. After each contracting party has	3886
enacted an ordinance or resolution, the clerk of the legislative	3887
authority of a municipal corporation that is a contracting party	3888
and the fiscal officer of a township that is a contracting party	3889
shall file with the board of elections of each county within which	3890
a contracting party is located a copy of the ordinance or	3891
resolution approving the contract and shall direct the board of	3892
elections to submit the ordinance or resolution to the electors of	3893
the contracting party on the day of the next general, primary, or	3894
special election occurring at least ~~seventy-five~~ninety days after	3895
the ordinance or resolution is filed with the board of elections.	3896
If any of the contracting parties is a township, however, then	3897
only the township or townships shall submit the resolution to the	3898
electors.	3899

(F)(1) If a vote is required to approve a municipal	3900
corporation as a contracting party to a joint economic development	3901
zone under this section, the ballot shall be in the following	3902
form:	3903

"Shall the ordinance of the legislative authority of the	3904
(city or village) of (name of contracting party) approving the	3905
contract with (name of each other contracting party) for the	3906
designation of a joint economic development zone be approved?	3907

3908

		FOR THE ORDINANCE AND CONTRACT			3909
		AGAINST THE ORDINANCE AND CONTRACT	"		3910

3911

(2) If a vote is required to approve a township as a	3912
contracting party to a joint economic development zone under this	3913
section, the ballot shall be in the following form:	3914

"Shall the resolution of the board of township trustees of	3915
the township of (name of contracting party) approving the contract	3916
with (name of each other contracting party) for the designation of	3917
a joint economic development zone be approved?	3918

3919

		FOR THE RESOLUTION AND CONTRACT			3920
		AGAINST THE RESOLUTION AND CONTRACT	"		3921

3922

If a majority of the electors of each contracting party	3923
voting on the issue vote for the ordinance or resolution and	3924
contract, the ordinance or resolution shall become effective	3925
immediately and the contract shall go into effect immediately or	3926
in accordance with its terms.	3927

(G)(1) A board of directors shall govern each joint economic	3928
development zone created under section 715.691 of the Revised	3929
Code. The members of the board shall be appointed as provided in	3930
the contract. Each of the contracting parties shall appoint three	3931
members to the board. Terms for each member shall be for two	3932
years, each term ending on the same day of the month of the year	3933
as did the term that it succeeds. A member may be reappointed to	3934
the board.	3935

(2) Membership on the board is not the holding of a public	3936
office or employment within the meaning of any section of the	3937
Revised Code or any charter provision prohibiting the holding of	3938
other public office or employment. Membership on the board is not	3939
a direct or indirect interest in a contract or expenditure of	3940
money by a municipal corporation, township, county, or other	3941
political subdivision with which a member may be affiliated.	3942
Notwithstanding any provision of law or a charter to the contrary,	3943
no member of the board shall forfeit or be disqualified from	3944
holding any public office or employment by reason of membership on	3945
the board.	3946

(3) The board is a public body for the purposes of section	3947
121.22 of the Revised Code. Chapter 2744. of the Revised Code	3948
applies to the board and the zone.	3949

(H) The contract may grant to the board of directors	3950
appointed under division (G) of this section the power to adopt a	3951
resolution to levy an income tax within the zone. The income tax	3952
shall be used for the purposes of the zone and for the purposes of	3953
the contracting municipal corporations pursuant to the contract.	3954
The income tax may be levied in the zone based on income earned by	3955
persons working within the zone and on the net profits of	3956
businesses located in the zone. The income tax is subject to	3957
Chapter 718. of the Revised Code, except that a vote shall be	3958
required by the electors residing in the zone to approve the rate	3959
of income tax unless a majority of the electors residing within	3960
the zone, as determined by the total number of votes cast in the	3961
zone for the office of governor at the most recent general	3962
election for that office, submit a petition to the board	3963
requesting that the election provided for in division (H)(1) of	3964
this section not be held. If no electors reside within the zone,	3965
then division (H)(3) of this section applies. The rate of the	3966
income tax shall be no higher than the highest rate being levied	3967
by a municipal corporation that is a party to the contract.	3968

(1) The board of directors may levy an income tax at a rate	3969
that is not higher than the highest rate being levied by a	3970
municipal corporation that is a party to the contract, provided	3971
that the rate of the income tax is first submitted to and approved	3972
by the electors of the zone at the succeeding regular or primary	3973
election, or a special election called by the board, occurring	3974
subsequent to ~~seventy-five~~ninety days after a certified copy of	3975
the resolution levying the income tax and calling for the election	3976
is filed with the board of elections. If the voters approve the	3977
levy of the income tax, the income tax shall be in force for the	3978
full period of the contract establishing the zone. No election	3979
shall be held under this section if a majority of the electors	3980
residing within the zone, determined as specified in division (H)	3981
of this section, submit a petition to that effect to the board of	3982
directors. Any increase in the rate of an income tax by the board	3983
of directors shall be approved by a vote of the electors of the	3984
zone and shall be in force for the remaining period of the	3985
contract establishing the zone.	3986

(2) Whenever a zone is located in the territory of more than	3987
one contracting party, a majority vote of the electors in each of	3988
the several portions of the territory of the contracting parties	3989
constituting the zone approving the levy of the tax is required	3990
before it may be imposed under division (H) of this section.	3991

(3) If no electors reside in the zone, no election for the	3992
approval or rejection of an income tax shall be held under this	3993
section, provided that where no electors reside in the zone, the	3994
rate of the income tax shall be no higher than the highest rate	3995
being levied by a municipal corporation that is a party to the	3996
contract.	3997

(4) The board of directors of a zone levying an income tax	3998
shall enter into an agreement with one of the municipal	3999
corporations that is a party to the contract to administer,	4000
collect, and enforce the income tax on behalf of the zone.	4001

(5) The board of directors of a zone shall publish or post	4002
public notice within the zone of any resolution adopted levying an	4003
income tax in the same manner required of municipal corporations	4004
under sections 731.21 and 731.25 of the Revised Code.	4005

(I)(1) If for any reason a contracting party reverts to or	4006
has its boundaries changed so that it is classified as a township	4007
that is the entity succeeding to that contracting party, the	4008
township is considered to be a municipal corporation for the	4009
purposes of the contract for the full period of the contract	4010
establishing the joint economic development zone, except that if	4011
that contracting party is administering, collecting, and enforcing	4012
the income tax on behalf of the district as provided in division	4013
(H)(4) of this section, the contract shall be amended to allow one	4014
of the other contracting parties to administer, collect, and	4015
enforce that tax.	4016

(2) Notwithstanding any other section of the Revised Code, if	4017
there is any change in the boundaries of a township so that a	4018
municipal corporation once located within the township is no	4019
longer so located, the township shall remain in existence even	4020
though its remaining unincorporated area contains less than	4021
twenty-two square miles, if the township has been or becomes a	4022
party to a contract creating a joint economic development zone	4023
under this section or the contract creating that joint economic	4024
development zone under this section is terminated or repudiated	4025
for any reason by any party or person. The township shall continue	4026
its existing status in all respects, including having the same	4027
form of government and the same elected board of trustees as its	4028
governing body. The township shall continue to receive all of its	4029
tax levies and sources of income as a township in accordance with	4030
any section of the Revised Code, whether the levies and sources of	4031
income generate millage within the ten-mill limitation or in	4032
excess of the ten-mill limitation. The name of the township may be	4033
changed to the name of the contracting party appearing in the	4034
contract creating a joint economic development zone under this	4035
section, so long as the name does not conflict with any other name	4036
in the state that has been certified by the secretary of state.	4037
The township shall have all of the powers set out in sections	4038
715.79, 715.80, and 715.81 of the Revised Code.	4039

(J) If, after creating and operating a joint economic	4040
development zone under this section, a contracting party that did	4041
not levy a municipal income tax under Chapter 718. of the Revised	4042
Code levies such a tax, the tax shall not apply to the zone for	4043
the full period of the contract establishing the zone, if the	4044
board of directors of the zone has levied an income tax as	4045
provided in division (H) of this section.	4046

Sec. 715.70. (A) This section and section 715.71 of the	4047
Revised Code apply only to:	4048

(1) Municipal corporations and townships within a county that	4049
has adopted a charter under Sections 3 and 4 of Article X, Ohio	4050
Constitution;	4051

(2) Municipal corporations and townships that have created a	4052
joint economic development district comprised entirely of real	4053
property owned by a municipal corporation at the time the district	4054
was created under this section. The real property owned by the	4055
municipal corporation shall include an airport owned by the	4056
municipal corporation and located entirely beyond the municipal	4057
corporation's corporate boundary.	4058

(3) Municipal corporations or townships that are part of or	4059
contiguous to a transportation improvement district created under	4060
Chapter 5540. of the Revised Code and that have created a joint	4061
economic development district under this section or section 715.71	4062
of the Revised Code prior to November 15, 1995;	4063

(4) Municipal corporations that have previously entered into	4064
a contract creating a joint economic development district pursuant	4065
to division (A)(2) of this section, even if the territory to be	4066
included in the district does not meet the requirements of that	4067
division.	4068

(B)(1) One or more municipal corporations and one or more	4069
townships may enter into a contract approved by the legislative	4070
authority of each contracting party pursuant to which they create	4071
as a joint economic development district an area or areas for the	4072
purpose of facilitating economic development to create or preserve	4073
jobs and employment opportunities and to improve the economic	4074
welfare of the people in the state and in the area of the	4075
contracting parties. A municipal corporation described in division	4076
(A)(4) of this section may enter into a contract with other	4077
municipal corporations and townships to create a new joint	4078
economic development district. In a district that includes a	4079
municipal corporation described in division (A)(4) of this	4080
section, the territory of each of the contracting parties shall be	4081
contiguous to the territory of at least one other contracting	4082
party, or contiguous to the territory of a township or municipal	4083
corporation that is contiguous to another contracting party, even	4084
if the intervening township or municipal corporation is not a	4085
contracting party. The area or areas of land to be included in the	4086
district shall not include any parcel of land owned in fee by a	4087
municipal corporation or a township or parcel of land that is	4088
leased to a municipal corporation or a township, unless the	4089
municipal corporation or township is a party to the contract or	4090
unless the municipal corporation or township has given its consent	4091
to have its parcel of land included in the district by the	4092
adoption of a resolution. As used in this division, "parcel of	4093
land" means any parcel of land owned by a municipal corporation or	4094
a township for at least a six-month period within a five-year	4095
period prior to the creation of a district, but "parcel of land"	4096
does not include streets or public ways and sewer, water, and	4097
other utility lines whether owned in fee or otherwise.	4098

The district created shall be located within the territory of	4099
one or more of the participating parties and may consist of all or	4100
a portion of such territory. The boundaries of the district shall	4101
be described in the contract or in an addendum to the contract.	4102

(2) Prior to the public hearing to be held pursuant to	4103
division (D)(2) of this section, the participating parties shall	4104
give a copy of the proposed contract to each municipal corporation	4105
located within one-quarter mile of the proposed joint economic	4106
development district and not otherwise a party to the contract,	4107
and afford the municipal corporation the reasonable opportunity,	4108
for a period of thirty days following receipt of the proposed	4109
contract, to make comments and suggestions to the participating	4110
parties regarding elements contained in the proposed contract.	4111

(3) The district shall not exceed two thousand acres in area.	4112
The territory of the district shall not completely surround	4113
territory that is not included within the boundaries of the	4114
district.	4115

(4) Sections 503.07 to 503.12 of the Revised Code do not	4116
apply to territory included within a district created pursuant to	4117
this section as long as the contract creating the district is in	4118
effect, unless the legislative authority of each municipal	4119
corporation and the board of township trustees of each township	4120
included in the district consent, by ordinance or resolution, to	4121
the application of those sections of the Revised Code.	4122

(5) Upon the execution of the contract creating the district	4123
by the parties to the contract, a participating municipal	4124
corporation or township included within the district shall file a	4125
copy of the fully executed contract with the county recorder of	4126
each county within which a party to the contract is located, in	4127
the miscellaneous records of the county. No annexation proceeding	4128
pursuant to Chapter 709. of the Revised Code that proposes the	4129
annexation to, merger, or consolidation with a municipal	4130
corporation of any unincorporated territory within the district	4131
shall be commenced for a period of three years after the contract	4132
is filed with the county recorder of each county within which a	4133
party to the contract is located unless each board of township	4134
trustees whose territory is included, in whole or part, within the	4135
district and the territory proposed to be annexed, merged, or	4136
consolidated adopts a resolution consenting to the commencement of	4137
the proceeding and a copy of the resolution is filed with the	4138
legislative authority of each county within which a party to the	4139
contract is located or unless the contract is terminated during	4140
this period.	4141

The contract entered into between the municipal corporations	4142
and townships pursuant to this section may provide for the	4143
prohibition of any annexation by the participating municipal	4144
corporations of any unincorporated territory within the district	4145
beyond the three-year mandatory prohibition of any annexation	4146
provided for in division (B)(5) of this section.	4147

(C)(1) After the legislative authority of a municipal	4148
corporation and the board of township trustees have adopted an	4149
ordinance and resolution approving a contract to create a joint	4150
economic development district pursuant to this section, and after	4151
a contract has been signed, the municipal corporations and	4152
townships shall jointly file a petition with the legislative	4153
authority of each county within which a party to the contract is	4154
located.	4155

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

4156

(i) A statement that the area or areas of the district is not	4157
greater than two thousand acres and is located within the	4158
territory of one or more of the contracting parties;	4159

(ii) A brief summary of the services to be provided by each	4160
party to the contract or a reference to the portion of the	4161
contract describing those services;	4162

(iii) A description of the area or areas to be designated as	4163
the district;	4164

(iv) The signature of a representative of each of the	4165
contracting parties.	4166

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

4167

(i) A signed copy of the contract, together with copies of	4168
district maps and plans related to or part of the contract;	4169

(ii) A certified copy of the ordinances and resolutions of	4170
the contracting parties approving the contract;	4171

(iii) A certificate from each of the contracting parties	4172
indicating that the public hearings required by division (D)(2) of	4173
this section have been held, the date of the hearings, and	4174
evidence of publication of the notice of the hearings;	4175

(iv) One or more signed statements of persons who are owners	4176
of property located in whole or in part within the area to be	4177
designated as the district, requesting that the property be	4178
included within the district, provided that those statements shall	4179
represent a majority of the persons owning property located in	4180
whole or in part within the district and persons owning a majority	4181
of the acreage located within the district. A signature may be	4182
withdrawn by the signer up to but not after the time of the public	4183
hearing required by division (D)(2) of this section.	4184

(2) The legislative authority of each county within which a	4185
party to the contract is located shall adopt a resolution	4186
approving the petition for the creation of the district if the	4187
petition and other documents have been filed in accordance with	4188
the requirements of division (C)(1) of this section. If the	4189
petition and other documents do not substantially meet the	4190
requirements of that division, the legislative authority of any	4191
county within which a party to the contract is located may adopt a	4192
resolution disapproving the petition for the creation of the	4193
district. The legislative authority of each county within which a	4194
party to the contract is located shall adopt a resolution	4195
approving or disapproving the petition within thirty days after	4196
the petition was filed. If the legislative authority of each such	4197
county does not adopt the resolution within the thirty-day period,	4198
the petition shall be deemed approved and the contract shall go	4199
into effect immediately after that approval or at such other time	4200
as the contract specifies.	4201

(D)(1) The contract creating the district shall set forth or	4202
provide for the amount or nature of the contribution of each	4203
municipal corporation and township to the development and	4204
operation of the district and may provide for the sharing of the	4205
costs of the operation of and improvements for the district. The	4206
contributions may be in any form to which the contracting	4207
municipal corporations and townships agree and may include but are	4208
not limited to the provision of services, money, real or personal	4209
property, facilities, or equipment. The contract may provide for	4210
the contracting parties to share revenue from taxes levied on	4211
property by one or more of the contracting parties if those	4212
revenues may lawfully be applied to that purpose under the	4213
legislation by which those taxes are levied. The contract shall	4214
provide for new, expanded, or additional services, facilities, or	4215
improvements, including expanded or additional capacity for or	4216
other enhancement of existing services, facilities, or	4217
improvements, provided that those services, facilities, or	4218
improvements, or expanded or additional capacity for or	4219
enhancement of existing services, facilities, or improvements,	4220
required herein have been provided within the two-year period	4221
prior to the execution of the contract.	4222

(2) Before the legislative authority of a municipal	4223
corporation or a board of township trustees passes any ordinance	4224
or resolution approving a contract to create a joint economic	4225
development district pursuant to this section, the legislative	4226
authority of the municipal corporation and the board of township	4227
trustees shall each hold a public hearing concerning the joint	4228
economic development district contract and shall provide thirty	4229
days' public notice of the time and place of the public hearing in	4230
a newspaper of general circulation in the municipal corporation	4231
and the township. The board of township trustees may provide	4232
additional notice to township residents in accordance with section	4233
9.03 of the Revised Code, and any additional notice shall include	4234
the public hearing announcement; a summary of the terms of the	4235
contract; a statement that the entire text of the contract and	4236
district maps and plans are on file for public examination in the	4237
office of the township fiscal officer; and information pertaining	4238
to any tax changes that will or may occur as a result of the	4239
contract.	4240

During the thirty-day period prior to the public hearing, a	4241
copy of the text of the contract together with copies of district	4242
maps and plans related to or part of the contract shall be on	4243
file, for public examination, in the offices of the clerk of the	4244
legislative authority of the municipal corporation and of the	4245
township fiscal officer. The public hearing provided for in	4246
division (D)(2) of this section shall allow for public comment and	4247
recommendations from the public on the proposed contract. The	4248
contracting parties may include in the contract any of those	4249
recommendations prior to the approval of the contract.	4250

(3) Any resolution of the board of township trustees that	4251
approves a contract that creates a joint economic development	4252
district pursuant to this section shall be subject to a referendum	4253
of the electors of the township. When a referendum petition,	4254
signed by ten per cent of the number of electors in the township	4255
who voted for the office of governor at the most recent general	4256
election for the office of governor, is presented to the board of	4257
township trustees within thirty days after the board of township	4258
trustees adopted the resolution, ordering that the resolution be	4259
submitted to the electors of the township for their approval or	4260
rejection, the board of township trustees shall, after ten days	4261
and not later than four p.m. of the ~~seventy-fifth~~ninetieth day	4262
before the election, certify the text of the resolution to the	4263
board of elections. The board of elections shall submit the	4264
resolution to the electors of the township for their approval or	4265
rejection at the next general, primary, or special election	4266
occurring subsequent to ~~seventy-five~~ninety days after the	4267
certifying of the petition to the board of elections.	4268

(4) Upon the creation of a district under this section or	4269
section 715.71 of the Revised Code, one of the contracting parties	4270
shall file a copy of the following with the director of	4271
development:	4272

(a) The petition and other documents described in division	4273
(C)(1) of this section, if the district is created under this	4274
section;	4275

(b) The documents described in division (D) of section 715.71	4276
of the Revised Code, if the district is created under this	4277
section.	4278

(E) The district created by the contract shall be governed by	4279
a board of directors that shall be established by or pursuant to	4280
the contract. The board is a public body for the purposes of	4281
section 121.22 of the Revised Code. The provisions of Chapter	4282
2744. of the Revised Code apply to the board and the district. The	4283
members of the board shall be appointed as provided in the	4284
contract from among the elected members of the legislative	4285
authorities and the elected chief executive officers of the	4286
contracting parties, provided that there shall be at least two	4287
members appointed from each of the contracting parties.	4288

(F) The contract shall enumerate the specific powers, duties,	4289
and functions of the board of directors of a district, and the	4290
contract shall provide for the determination of procedures that	4291
are to govern the board of directors. The contract may grant to	4292
the board the power to adopt a resolution to levy an income tax	4293
within the district. The income tax shall be used for the purposes	4294
of the district and for the purposes of the contracting municipal	4295
corporations and townships pursuant to the contract. The income	4296
tax may be levied in the district based on income earned by	4297
persons working or residing within the district and based on the	4298
net profits of businesses located in the district. The income tax	4299
shall follow the provisions of Chapter 718. of the Revised Code,	4300
except that a vote shall be required by the electors residing in	4301
the district to approve the rate of income tax. If no electors	4302
reside within the district, then division (F)(4) of this section	4303
applies. The rate of the income tax shall be no higher than the	4304
highest rate being levied by a municipal corporation that is a	4305
party to the contract.	4306

(1) Within one hundred eighty days after the first meeting of	4307
the board of directors, the board may levy an income tax, provided	4308
that the rate of the income tax is first submitted to and approved	4309
by the electors of the district at the succeeding regular or	4310
primary election, or a special election called by the board,	4311
occurring subsequent to ~~seventy-five~~ninety days after a certified	4312
copy of the resolution levying the income tax and calling for the	4313
election is filed with the board of elections. If the voters	4314
approve the levy of the income tax, the income tax shall be in	4315
force for the full period of the contract establishing the	4316
district. Any increase in the rate of an income tax that was first	4317
levied within one hundred eighty days after the first meeting of	4318
the board of directors shall be approved by a vote of the electors	4319
of the district, shall be in force for the remaining period of the	4320
contract establishing the district, and shall not be subject to	4321
division (F)(2) of this section.	4322

(2) Any resolution of the board of directors levying an	4323
income tax that is adopted subsequent to one hundred eighty days	4324
after the first meeting of the board of directors shall be subject	4325
to a referendum as provided in division (F)(2) of this section.	4326
Any resolution of the board of directors levying an income tax	4327
that is adopted subsequent to one hundred eighty days after the	4328
first meeting of the board of directors shall be subject to an	4329
initiative proceeding to amend or repeal the resolution levying	4330
the income tax as provided in division (F)(2) of this section.	4331
When a referendum petition, signed by ten per cent of the number	4332
of electors in the district who voted for the office of governor	4333
at the most recent general election for the office of governor, is	4334
filed with the county auditor of each county within which a party	4335
to the contract is located within thirty days after the resolution	4336
is adopted by the board or when an initiative petition, signed by	4337
ten per cent of the number of electors in the district who voted	4338
for the office of governor at the most recent general election for	4339
the office of governor, is filed with the county auditor of each	4340
such county ordering that a resolution to amend or repeal a prior	4341
resolution levying an income tax be submitted to the electors	4342
within the district for their approval or rejection, the county	4343
auditor of each such county, after ten days and not later than	4344
four p.m. of the ~~seventy-fifth~~ninetieth day before the election,	4345
shall certify the text of the resolution to the board of elections	4346
of that county. The county auditor of each such county shall	4347
retain the petition. The board of elections shall submit the	4348
resolution to such electors, for their approval or rejection, at	4349
the next general, primary, or special election occurring	4350
subsequent to ~~seventy-five~~ninety days after the certifying of	4351
such petition to the board of elections.	4352

(3) Whenever a district is located in the territory of more	4353
than one contracting party, a majority vote of the electors, if	4354
any, in each of the several portions of the territory of the	4355
contracting parties constituting the district approving the levy	4356
of the tax is required before it may be imposed pursuant to this	4357
division.	4358

(4) If there are no electors residing in the district, no	4359
election for the approval or rejection of an income tax shall be	4360
held pursuant to this section, provided that where no electors	4361
reside in the district, the maximum rate of the income tax that	4362
may be levied shall not exceed one per cent.	4363

(5) The board of directors of a district levying an income	4364
tax shall enter into an agreement with one of the municipal	4365
corporations that is a party to the contract to administer,	4366
collect, and enforce the income tax on behalf of the district. The	4367
resolution levying the income tax shall provide the same credits,	4368
if any, to residents of the district for income taxes paid to	4369
other such districts or municipal corporations where the residents	4370
work, as credits provided to residents of the municipal	4371
corporation administering the income tax.	4372

(6)(a) The board shall publish or post public notice within	4373
the district of any resolution adopted levying an income tax in	4374
the same manner required of municipal corporations under sections	4375
731.21 and 731.25 of the Revised Code.	4376

(b) Except as otherwise specified by this division, any	4377
referendum or initiative proceeding within a district shall be	4378
conducted in the same manner as is required for such proceedings	4379
within a municipal corporation pursuant to sections 731.28 to	4380
731.40 of the Revised Code.	4381

(G) Membership on the board of directors does not constitute	4382
the holding of a public office or employment within the meaning of	4383
any section of the Revised Code or any charter provision	4384
prohibiting the holding of other public office or employment, and	4385
shall not constitute an interest, either direct or indirect, in a	4386
contract or expenditure of money by any municipal corporation,	4387
township, county, or other political subdivision with which the	4388
member may be connected. No member of a board of directors shall	4389
be disqualified from holding any public office or employment, nor	4390
shall such member forfeit or be disqualified from holding any such	4391
office or employment, by reason of the member's membership on the	4392
board of directors, notwithstanding any law or charter provision	4393
to the contrary.	4394

(H) The powers and authorizations granted pursuant to this	4395
section or section 715.71 of the Revised Code are in addition to	4396
and not in derogation of all other powers granted to municipal	4397
corporations and townships pursuant to law. When exercising a	4398
power or performing a function or duty under a contract authorized	4399
pursuant to this section or section 715.71 of the Revised Code, a	4400
municipal corporation may exercise all of the powers of a	4401
municipal corporation, and may perform all the functions and	4402
duties of a municipal corporation, within the district, pursuant	4403
to and to the extent consistent with the contract. When exercising	4404
a power or performing a function or duty under a contract	4405
authorized pursuant to this section or section 715.71 of the	4406
Revised Code, a township may exercise all of the powers of a	4407
township, and may perform all the functions and duties of a	4408
township, within the district, pursuant to and to the extent	4409
consistent with the contract. The district board of directors has	4410
no powers except those specifically set forth in the contract as	4411
agreed to by the participating parties. No political subdivision	4412
shall authorize or grant any tax exemption pursuant to Chapter	4413
1728. or section 3735.67, 5709.62, 5709.63, or 5709.632 of the	4414
Revised Code on any property located within the district without	4415
the consent of the contracting parties. The prohibition for any	4416
tax exemption pursuant to this division shall not apply to any	4417
exemption filed, pending, or approved, or for which an agreement	4418
has been entered into, before the effective date of the contract	4419
entered into by the parties.	4420

(I) Municipal corporations and townships may enter into	4421
binding agreements pursuant to a contract authorized under this	4422
section or section 715.71 of the Revised Code with respect to the	4423
substance and administration of zoning and other land use	4424
regulations, building codes, public permanent improvements, and	4425
other regulatory and proprietary matters that are determined,	4426
pursuant to the contract, to be for a public purpose and to be	4427
desirable with respect to the operation of the district or to	4428
facilitate new or expanded economic development in the state or	4429
the district, provided that no contract shall exempt the territory	4430
within the district from the procedures and processes of land use	4431
regulation applicable pursuant to municipal corporation, township,	4432
and county regulations, including but not limited to procedures	4433
and processes concerning zoning.	4434

(J) A contract entered into pursuant to this section or	4435
section 715.71 of the Revised Code may be amended and it may be	4436
renewed, canceled, or terminated as provided in or pursuant to the	4437
contract. The contract may be amended to add property owned by one	4438
of the contracting parties to the district, or may be amended to	4439
delete property from the district whether or not one of the	4440
contracting parties owns the deleted property. The contract shall	4441
continue in existence throughout its term and shall be binding on	4442
the contracting parties and on any entities succeeding to such	4443
parties, whether by annexation, merger, or otherwise. The income	4444
tax levied by the board pursuant to this section or section 715.71	4445
of the Revised Code shall apply in the entire district throughout	4446
the term of the contract, notwithstanding that all or a portion of	4447
the district becomes subject to annexation, merger, or	4448
incorporation. No township or municipal corporation is divested of	4449
its rights or obligations under the contract because of	4450
annexation, merger, or succession of interests.	4451

(K) After the creation of a joint economic development	4452
district described in division (A)(2) of this section, a municipal	4453
corporation that is a contracting party may cease to own property	4454
included in the district, but such property shall continue to be	4455
included in the district and subject to the terms of the contract.	4456

Sec. 715.71. (A) This section provides alternative	4457
procedures and requirements to those set forth in section 715.70	4458
of the Revised Code for creating and operating a joint economic	4459
development district. Divisions (B), (C), (D)(1) to (3), and (F)	4460
of section 715.70 of the Revised Code do not apply to a joint	4461
economic development district established under this section.	4462
However, divisions (A), (D)(4), (E), (G), (H), (I), (J), and (K)	4463
of section 715.70 of the Revised Code do apply to a district	4464
established under this section.	4465

(B) One or more municipal corporations and one or more	4466
townships may enter into a contract approved by the legislative	4467
authority of each contracting party pursuant to which they create	4468
as a joint economic development district one or more areas for the	4469
purpose of facilitating economic development to create or preserve	4470
jobs and employment opportunities and to improve the economic	4471
welfare of the people in this state and in the area of the	4472
contracting parties. The district created shall be located within	4473
the territory of one or more of the contracting parties and may	4474
consist of all or a portion of that territory. The boundaries of	4475
the district shall be described in the contract or in an addendum	4476
to the contract. The area or areas of land to be included in the	4477
district shall not include any parcel of land owned in fee by or	4478
leased to a municipal corporation or township, unless the	4479
municipal corporation or township is a party to the contract or	4480
has given its consent to have its parcel of land included in the	4481
district by the adoption of a resolution. As used in this	4482
division, "parcel of land" has the same meaning as in division (B)	4483
of section 715.70 of the Revised Code.	4484

(C) Before the legislative authority of a municipal	4485
corporation or a board of township trustees adopts an ordinance or	4486
resolution approving a contract to create a joint economic	4487
development district under this section, it shall hold a public	4488
hearing concerning the joint economic development district	4489
contract and shall provide thirty days' public notice of the time	4490
and place of the public hearing in a newspaper of general	4491
circulation in the municipal corporation and the township. Each	4492
municipal corporation and township that is a party to the contract	4493
shall hold a public hearing. During the thirty-day period prior to	4494
a public hearing, a copy of the text of the contract together with	4495
copies of district maps and plans related to or part of the	4496
contract shall be on file, for public examination, in the offices	4497
of the clerk of the legislative authority of the municipal	4498
corporation and of the township fiscal officer. The public	4499
hearings provided for in this division shall allow for public	4500
comment and recommendations on the proposed contract. The	4501
participating parties may include in the contract any of those	4502
recommendations prior to approval of the contract.	4503

(D) After the legislative authority of a municipal	4504
corporation and the board of township trustees have adopted an	4505
ordinance and resolution approving a contract to create a joint	4506
economic development district, the municipal corporation and the	4507
township jointly shall file with the legislative authority of each	4508
county within which a party to the contract is located all of the	4509
following:	4510

(1) A signed copy of the contract, together with copies of	4511
district maps and plans related to or part of the contract;	4512

(2) Certified copies of the ordinances and resolutions of the	4513
contracting parties relating to the district and the contract;	4514

(3) A certificate of each of the contracting parties that the	4515
public hearings provided for in division (C) of this section have	4516
been held, the date of the hearings, and evidence of publication	4517
of the notice of the hearings.	4518

(E) Within thirty days after the filing under division (D) of	4519
this section, the legislative authority of each county within	4520
which a party to the contract is located shall adopt a resolution	4521
acknowledging the receipt of the required documents, approving the	4522
creation of the joint economic development district, and directing	4523
that the resolution of the board of township trustees approving	4524
the contract be submitted to the electors of the township for	4525
approval at the next succeeding general, primary, or special	4526
election. The legislative authority of the county shall file with	4527
the board of elections at least ~~seventy-five~~ninety days before	4528
the day of the election a copy of the resolution of the board of	4529
township trustees approving the contract. The resolution of the	4530
legislative authority of the county also shall specify the date	4531
the election is to be held and shall direct the board of elections	4532
to conduct the election in the township. If the resolution of the	4533
legislative authority of the county is not adopted within the	4534
thirty-day period after the filing under division (D) of this	4535
section, the joint economic development district shall be deemed	4536
approved by the county legislative authority, and the board of	4537
township trustees shall file its resolution with the board of	4538
elections for submission to the electors of the township for	4539
approval at the next succeeding general, primary, or special	4540
election. The filing shall occur at least ~~seventy-five~~ninety days	4541
before the specified date the election is to be held and shall	4542
direct the board of elections to conduct the election in the	4543
township.	4544

The ballot shall be in the following form:

4545

"Shall the resolution of the board of township trustees	4546
approving the contract with ............... (here insert name of	4547
each municipal corporation and other township that is a party to	4548
the contract) for the creation of a joint economic development	4549
district be approved?	4550

4551

		FOR THE RESOLUTION AND CONTRACT			4552
		AGAINST THE RESOLUTION AND CONTRACT	"		4553

4554

If a majority of the electors of the township voting on the issue	4555
vote for the resolution and contract, the resolution shall become	4556
effective immediately and the contract shall go into effect	4557
immediately or in accordance with its terms.	4558

(F) The contract creating the district shall set forth or	4559
provide for the amount or nature of the contribution of each	4560
municipal corporation and township to the development and	4561
operation of the district and may provide for the sharing of the	4562
costs of the operation of and improvements for the district. The	4563
contributions may be in any form to which the contracting	4564
municipal corporations and townships agree and may include but are	4565
not limited to the provision of services, money, real or personal	4566
property, facilities, or equipment. The contract may provide for	4567
the contracting parties to share revenue from taxes levied on	4568
property by one or more of the contracting parties if those	4569
revenues may lawfully be applied to that purpose under the	4570
legislation by which those taxes are levied. The contract shall	4571
provide for new, expanded, or additional services, facilities, or	4572
improvements, including expanded or additional capacity for or	4573
other enhancement of existing services, facilities, or	4574
improvements, provided that the existing services, facilities, or	4575
improvements, or the expanded or additional capacity for or	4576
enhancement of the existing services, facilities, or improvements,	4577
have been provided within the two-year period prior to the	4578
execution of the contract.	4579

(G) The contract shall enumerate the specific powers, duties,	4580
and functions of the board of directors of the district and shall	4581
provide for the determination of procedures that are to govern the	4582
board of directors. The contract may grant to the board the power	4583
to adopt a resolution to levy an income tax within the district.	4584
The income tax shall be used for the purposes of the district and	4585
for the purposes of the contracting municipal corporations and	4586
townships pursuant to the contract. The income tax may be levied	4587
in the district based on income earned by persons working or	4588
residing within the district and based on the net profits of	4589
businesses located in the district. The income tax of the district	4590
shall follow the provisions of Chapter 718. of the Revised Code,	4591
except that no vote shall be required by the electors residing in	4592
the district. The rate of the income tax shall be no higher than	4593
the highest rate being levied by a municipal corporation that is a	4594
party to the contract.	4595

The board of directors of a district levying an income tax	4596
shall enter into an agreement with one of the municipal	4597
corporations that is a party to the contract to administer,	4598
collect, and enforce the income tax on behalf of the district. The	4599
resolution levying the income tax shall provide the same credits,	4600
if any, to residents of the district for income taxes paid to	4601
other districts or municipal corporations where the residents	4602
work, as credits provided to residents of the municipal	4603
corporation administering the income tax.	4604

(H) No annexation proceeding pursuant to Chapter 709. of the	4605
Revised Code that proposes the annexation to or merger or	4606
consolidation with a municipal corporation, except a municipal	4607
corporation that is a party to the contract, of any unincorporated	4608
territory within the district shall be commenced for a period of	4609
three years after the contract is filed with the legislative	4610
authority of each county within which a party to the contract is	4611
located in accordance with division (D) of this section unless	4612
each board of township trustees whose territory is included, in	4613
whole or part, within the district and the territory proposed to	4614
be annexed, merged, or consolidated adopts a resolution consenting	4615
to the commencement of the proceeding and a copy of the resolution	4616
is filed with the legislative authority of each such county or	4617
unless the contract is terminated during this three-year period.	4618
The contract entered into between the municipal corporations and	4619
townships pursuant to this section may provide for the prohibition	4620
of any annexation by the participating municipal corporations of	4621
any unincorporated territory within the district.	4622

Sec. 715.77. (A)(1) A board of township trustees that is a	4623
party to a contract creating a joint economic development district	4624
pursuant to sections 715.72 to 715.82 of the Revised Code may	4625
choose to not submit its resolution approving the contract to the	4626
electors of the township if all of the following conditions are	4627
satisfied:	4628

(a) The resolution has been approved by a unanimous vote of	4629
the members of the board of township trustees or, if a county is	4630
one of the contracting parties under division (D) of section	4631
715.72 of the Revised Code, the resolution has been approved by a	4632
majority vote of the members of the board of township trustees;	4633

(b) The creation of the joint economic development district	4634
is proposed at the request of a majority of the owners of land	4635
included within the proposed district;	4636

(c) The territory to be included in the proposed joint	4637
economic development district is zoned in a manner appropriate to	4638
the function of the proposed district.	4639

(2) Unless the legislative authority of a county adopts a	4640
resolution under section 715.76 of the Revised Code disapproving	4641
the creation of a joint economic development district within	4642
thirty days after the filing made under that section, the	4643
legislative authority of each such county shall adopt a resolution	4644
acknowledging the receipt of the required documents, approving the	4645
creation of the joint economic development district, and, if the	4646
board of township trustees has not invoked its authority under	4647
division (A)(1) of this section, directing that the resolution of	4648
the board of township trustees approving the contract creating the	4649
joint economic development district be submitted to the electors	4650
of the township for approval at the next succeeding general,	4651
primary, or special election. If the board of township trustees	4652
chooses to submit approval of the contract to the electors of the	4653
township, the legislative authority of the county shall file with	4654
the board of elections at least ~~seventy-five~~ninety days before	4655
the day of the election a copy of the resolution of the board of	4656
township trustees approving the contract. The resolution of the	4657
legislative authority of the county also shall specify the date	4658
the election is to be held and shall direct the board of elections	4659
to conduct the election in the township.	4660

(3) If the resolution of the legislative authority of the	4661
county is not adopted within the thirty-day period after the	4662
filing made under section 715.76 of the Revised Code, the joint	4663
economic development district shall be deemed approved by the	4664
county legislative authority and, if the board of township	4665
trustees has not invoked its authority under division (A)(1) of	4666
this section, the board of township trustees shall file its	4667
resolution with the board of elections for submission to the	4668
electors of the township for approval at the next succeeding	4669
general, primary, or special election. In such case, the board of	4670
township trustees shall file the resolution at least ~~seventy-five~~	4671
ninety days before the specified date the election is to be held	4672
and shall direct the board of elections to conduct the election in	4673
the township.	4674

(4) Any contract creating a joint economic development	4675
district in which a board of township trustees is a party shall	4676
provide that the contract is not effective earlier than the	4677
thirty-first day after its approval, including any approval by	4678
electors required in this section.	4679

If the board of township trustees chooses pursuant to	4680
division (A)(1) of this section not to submit the approval of the	4681
contract to the electors, the resolution of the board of township	4682
trustees approving the contract is subject to a referendum of the	4683
electors of the township when requested through a petition. When	4684
signed by ten per cent of the number of electors in the township	4685
who voted for the office of governor at the most recent general	4686
election, a referendum petition asking that the resolution be	4687
submitted to the electors of the township may be presented to the	4688
board of township trustees. Such a petition shall be presented	4689
within thirty days after the board of township trustees adopts the	4690
resolution. The board of township trustees shall, not later than	4691
four p.m. of the tenth day after receipt of the petition, certify	4692
the text of the resolution to the board of elections. The board of	4693
elections shall submit the resolution to the electors of the	4694
township for their approval or rejection at the next general,	4695
primary, or special election occurring at least ~~seventy-five~~	4696
ninety days after such certification.	4697

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

4698

"Shall the resolution of the board of township trustees	4699
approving the contract with ............... (here insert name of	4700
each municipal corporation and other township that is a	4701
contracting party) for the creation of a joint economic	4702
development district be approved?	4703

4704

		FOR THE RESOLUTION AND CONTRACT			4705
		AGAINST THE RESOLUTION AND CONTRACT	"		4706

4707

If a majority of the electors of the township voting on the issue	4708
vote for the resolution and contract, the resolution shall become	4709
effective immediately and the contract shall go into effect on the	4710
thirty-first day after this election or thereafter in accordance	4711
with terms of the contract.	4712

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

4713

(1) "Adjusted federal taxable income" means a C corporation's	4714
federal taxable income before net operating losses and special	4715
deductions as determined under the Internal Revenue Code, adjusted	4716
as follows:	4717

(a) Deduct intangible income to the extent included in	4718
federal taxable income. The deduction shall be allowed regardless	4719
of whether the intangible income relates to assets used in a trade	4720
or business or assets held for the production of income.	4721

(b) Add an amount equal to five per cent of intangible income	4722
deducted under division (A)(1)(a) of this section, but excluding	4723
that portion of intangible income directly related to the sale,	4724
exchange, or other disposition of property described in section	4725
1221 of the Internal Revenue Code;	4726

(c) Add any losses allowed as a deduction in the computation	4727
of federal taxable income if the losses directly relate to the	4728
sale, exchange, or other disposition of an asset described in	4729
section 1221 or 1231 of the Internal Revenue Code;	4730

(d)(i) Except as provided in division (A)(1)(d)(ii) of this	4731
section, deduct income and gain included in federal taxable income	4732
to the extent the income and gain directly relate to the sale,	4733
exchange, or other disposition of an asset described in section	4734
1221 or 1231 of the Internal Revenue Code;	4735

(ii) Division (A)(1)(d)(i) of this section does not apply to	4736
the extent the income or gain is income or gain described in	4737
section 1245 or 1250 of the Internal Revenue Code.	4738

(e) Add taxes on or measured by net income allowed as a	4739
deduction in the computation of federal taxable income;	4740

(f) In the case of a real estate investment trust and	4741
regulated investment company, add all amounts with respect to	4742
dividends to, distributions to, or amounts set aside for or	4743
credited to the benefit of investors and allowed as a deduction in	4744
the computation of federal taxable income;	4745

(g) If the taxpayer is not a C corporation and is not an	4746
individual, the taxpayer shall compute adjusted federal taxable	4747
income as if the taxpayer were a C corporation, except:	4748

(i) Guaranteed payments and other similar amounts paid or	4749
accrued to a partner, former partner, member, or former member	4750
shall not be allowed as a deductible expense; and	4751

(ii) Amounts paid or accrued to a qualified self-employed	4752
retirement plan with respect to an owner or owner-employee of the	4753
taxpayer, amounts paid or accrued to or for health insurance for	4754
an owner or owner-employee, and amounts paid or accrued to or for	4755
life insurance for an owner or owner-employee shall not be allowed	4756
as a deduction.	4757

Nothing in division (A)(1) of this section shall be construed	4758
as allowing the taxpayer to add or deduct any amount more than	4759
once or shall be construed as allowing any taxpayer to deduct any	4760
amount paid to or accrued for purposes of federal self-employment	4761
tax.	4762

Nothing in this chapter shall be construed as limiting or	4763
removing the ability of any municipal corporation to administer,	4764
audit, and enforce the provisions of its municipal income tax.	4765

(2) "Internal Revenue Code" means the Internal Revenue Code	4766
of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.	4767

(3) "Schedule C" means internal revenue service schedule C	4768
filed by a taxpayer pursuant to the Internal Revenue Code.	4769

(4) "Form 2106" means internal revenue service form 2106	4770
filed by a taxpayer pursuant to the Internal Revenue Code.	4771

(5) "Intangible income" means income of any of the following	4772
types: income yield, interest, capital gains, dividends, or other	4773
income arising from the ownership, sale, exchange, or other	4774
disposition of intangible property including, but not limited to,	4775
investments, deposits, money, or credits as those terms are	4776
defined in Chapter 5701. of the Revised Code, and patents,	4777
copyrights, trademarks, tradenames, investments in real estate	4778
investment trusts, investments in regulated investment companies,	4779
and appreciation on deferred compensation. "Intangible income"	4780
does not include prizes, awards, or other income associated with	4781
any lottery winnings or other similar games of chance.	4782

(6) "S corporation" means a corporation that has made an	4783
election under subchapter S of Chapter 1 of Subtitle A of the	4784
Internal Revenue Code for its taxable year.	4785

(7) For taxable years beginning on or after January 1, 2004,	4786
"net profit" for a taxpayer other than an individual means	4787
adjusted federal taxable income and "net profit" for a taxpayer	4788
who is an individual means the individual's profit required to be	4789
reported on schedule C, schedule E, or schedule F, other than any	4790
amount allowed as a deduction under division (E)(2) or (3) of this	4791
section or amounts described in division (H) of this section.	4792

(8) "Taxpayer" means a person subject to a tax on income	4793
levied by a municipal corporation. Except as provided in division	4794
(L) of this section, "taxpayer" does not include any person that	4795
is a disregarded entity or a qualifying subchapter S subsidiary	4796
for federal income tax purposes, but "taxpayer" includes any other	4797
person who owns the disregarded entity or qualifying subchapter S	4798
subsidiary.	4799

(9) "Taxable year" means the corresponding tax reporting	4800
period as prescribed for the taxpayer under the Internal Revenue	4801
Code.	4802

(10) "Tax administrator" means the individual charged with	4803
direct responsibility for administration of a tax on income levied	4804
by a municipal corporation and includes:	4805

(a) The central collection agency and the regional income tax	4806
agency and their successors in interest, and other entities	4807
organized to perform functions similar to those performed by the	4808
central collection agency and the regional income tax agency;	4809

(b) A municipal corporation acting as the agent of another	4810
municipal corporation; and	4811

(c) Persons retained by a municipal corporation to administer	4812
a tax levied by the municipal corporation, but only if the	4813
municipal corporation does not compensate the person in whole or	4814
in part on a contingency basis.	4815

(11) "Person" includes individuals, firms, companies,	4816
business trusts, estates, trusts, partnerships, limited liability	4817
companies, associations, corporations, governmental entities, and	4818
any other entity.	4819

(12) "Schedule E" means internal revenue service schedule E	4820
filed by a taxpayer pursuant to the Internal Revenue Code.	4821

(13) "Schedule F" means internal revenue service schedule F	4822
filed by a taxpayer pursuant to the Internal Revenue Code.	4823

(B) No municipal corporation shall tax income at other than a	4824
uniform rate.	4825

(C) No municipal corporation shall levy a tax on income at a	4826
rate in excess of one per cent without having obtained the	4827
approval of the excess by a majority of the electors of the	4828
municipality voting on the question at a general, primary, or	4829
special election. The legislative authority of the municipal	4830
corporation shall file with the board of elections at least	4831
~~seventy-five~~ninety days before the day of the election a copy of	4832
the ordinance together with a resolution specifying the date the	4833
election is to be held and directing the board of elections to	4834
conduct the election. The ballot shall be in the following form:	4835
"Shall the Ordinance providing for a ... per cent levy on income	4836
for (Brief description of the purpose of the proposed levy) be	4837
passed?	4838

4839

		FOR THE INCOME TAX			4840
		AGAINST THE INCOME TAX	"		4841

4842

In the event of an affirmative vote, the proceeds of the levy	4843
may be used only for the specified purpose.	4844

(D)(1) Except as otherwise provided in this section, no	4845
municipal corporation shall exempt from a tax on income	4846
compensation for personal services of individuals over eighteen	4847
years of age or the net profit from a business or profession.	4848

(2)(a) For taxable years beginning on or after January 1,	4849
2004, no municipal corporation shall tax the net profit from a	4850
business or profession using any base other than the taxpayer's	4851
adjusted federal taxable income.	4852

(b) Division (D)(2)(a) of this section does not apply to any	4853
taxpayer required to file a return under section 5745.03 of the	4854
Revised Code or to the net profit from a sole proprietorship.	4855

(E)(1) The legislative authority of a municipal corporation	4856
may, by ordinance or resolution, exempt from withholding and from	4857
a tax on income the following:	4858

(a) Compensation arising from the sale, exchange, or other	4859
disposition of a stock option, the exercise of a stock option, or	4860
the sale, exchange, or other disposition of stock purchased under	4861
a stock option; or	4862

(b) Compensation attributable to a nonqualified deferred	4863
compensation plan or program described in section 3121(v)(2)(C) of	4864
the Internal Revenue Code.	4865

(2) The legislative authority of a municipal corporation may	4866
adopt an ordinance or resolution that allows a taxpayer who is an	4867
individual to deduct, in computing the taxpayer's municipal income	4868
tax liability, an amount equal to the aggregate amount the	4869
taxpayer paid in cash during the taxable year to a health savings	4870
account of the taxpayer, to the extent the taxpayer is entitled to	4871
deduct that amount on internal revenue service form 1040.	4872

(3) The legislative authority of a municipal corporation may	4873
adopt an ordinance or resolution that allows a taxpayer who has a	4874
net profit from a business or profession that is operated as a	4875
sole proprietorship to deduct from that net profit the amount that	4876
the taxpayer paid during the taxable year for medical care	4877
insurance premiums for the taxpayer, the taxpayer's spouse, and	4878
dependents as defined in section 5747.01 of the Revised Code. The	4879
deduction shall be allowed to the same extent the taxpayer is	4880
entitled to deduct the premiums on internal revenue service form	4881
1040. The deduction allowed under this division shall be net of	4882
any related premium refunds, related premium reimbursements, or	4883
related insurance premium dividends received by the taxpayer	4884
during the taxable year.	4885

(F) If an individual's taxable income includes income against	4886
which the taxpayer has taken a deduction for federal income tax	4887
purposes as reportable on the taxpayer's form 2106, and against	4888
which a like deduction has not been allowed by the municipal	4889
corporation, the municipal corporation shall deduct from the	4890
taxpayer's taxable income an amount equal to the deduction shown	4891
on such form allowable against such income, to the extent not	4892
otherwise so allowed as a deduction by the municipal corporation.	4893

(G)(1) In the case of a taxpayer who has a net profit from a	4894
business or profession that is operated as a sole proprietorship,	4895
no municipal corporation may tax or use as the base for	4896
determining the amount of the net profit that shall be considered	4897
as having a taxable situs in the municipal corporation, an amount	4898
other than the net profit required to be reported by the taxpayer	4899
on schedule C or F from such sole proprietorship for the taxable	4900
year.	4901

(2) In the case of a taxpayer who has a net profit from	4902
rental activity required to be reported on schedule E, no	4903
municipal corporation may tax or use as the base for determining	4904
the amount of the net profit that shall be considered as having a	4905
taxable situs in the municipal corporation, an amount other than	4906
the net profit from rental activities required to be reported by	4907
the taxpayer on schedule E for the taxable year.	4908

(H) A municipal corporation shall not tax any of the	4909
following:	4910

(1) The military pay or allowances of members of the armed	4911
forces of the United States and of members of their reserve	4912
components, including the Ohio national guard;	4913

(2) The income of religious, fraternal, charitable,	4914
scientific, literary, or educational institutions to the extent	4915
that such income is derived from tax-exempt real estate,	4916
tax-exempt tangible or intangible property, or tax-exempt	4917
activities;	4918

(3) Except as otherwise provided in division (I) of this	4919
section, intangible income;	4920

(4) Compensation paid under section 3501.28 or 3501.36 of the	4921
Revised Code to a person serving as a precinct election official,	4922
to the extent that such compensation does not exceed one thousand	4923
dollars annually. Such compensation in excess of one thousand	4924
dollars may be subjected to taxation by a municipal corporation. A	4925
municipal corporation shall not require the payer of such	4926
compensation to withhold any tax from that compensation.	4927

(5) Compensation paid to an employee of a transit authority,	4928
regional transit authority, or regional transit commission created	4929
under Chapter 306. of the Revised Code for operating a transit bus	4930
or other motor vehicle for the authority or commission in or	4931
through the municipal corporation, unless the bus or vehicle is	4932
operated on a regularly scheduled route, the operator is subject	4933
to such a tax by reason of residence or domicile in the municipal	4934
corporation, or the headquarters of the authority or commission is	4935
located within the municipal corporation;	4936

(6) The income of a public utility, when that public utility	4937
is subject to the tax levied under section 5727.24 or 5727.30 of	4938
the Revised Code, except a municipal corporation may tax the	4939
following, subject to Chapter 5745. of the Revised Code:	4940

(a) Beginning January 1, 2002, the income of an electric	4941
company or combined company;	4942

(b) Beginning January 1, 2004, the income of a telephone	4943
company.	4944

As used in division (H)(6) of this section, "combined	4945
company," "electric company," and "telephone company" have the	4946
same meanings as in section 5727.01 of the Revised Code.	4947

(7) On and after January 1, 2003, items excluded from federal	4948
gross income pursuant to section 107 of the Internal Revenue Code;	4949

(8) On and after January 1, 2001, compensation paid to a	4950
nonresident individual to the extent prohibited under section	4951
718.011 of the Revised Code;	4952

(9)(a) Except as provided in division (H)(9)(b) and (c) of	4953
this section, an S corporation shareholder's distributive share of	4954
net profits of the S corporation, other than any part of the	4955
distributive share of net profits that represents wages as defined	4956
in section 3121(a) of the Internal Revenue Code or net earnings	4957
from self-employment as defined in section 1402(a) of the Internal	4958
Revenue Code.	4959

(b) If, pursuant to division (H) of former section 718.01 of	4960
the Revised Code as it existed before March 11, 2004, a majority	4961
of the electors of a municipal corporation voted in favor of the	4962
question at an election held on November 4, 2003, the municipal	4963
corporation may continue after 2002 to tax an S corporation	4964
shareholder's distributive share of net profits of an S	4965
corporation.	4966

(c) If, on December 6, 2002, a municipal corporation was	4967
imposing, assessing, and collecting a tax on an S corporation	4968
shareholder's distributive share of net profits of the S	4969
corporation to the extent the distributive share would be	4970
allocated or apportioned to this state under divisions (B)(1) and	4971
(2) of section 5733.05 of the Revised Code if the S corporation	4972
were a corporation subject to taxes imposed under Chapter 5733. of	4973
the Revised Code, the municipal corporation may continue to impose	4974
the tax on such distributive shares to the extent such shares	4975
would be so allocated or apportioned to this state only until	4976
December 31, 2004, unless a majority of the electors of the	4977
municipal corporation voting on the question of continuing to tax	4978
such shares after that date vote in favor of that question at an	4979
election held November 2, 2004. If a majority of those electors	4980
vote in favor of the question, the municipal corporation may	4981
continue after December 31, 2004, to impose the tax on such	4982
distributive shares only to the extent such shares would be so	4983
allocated or apportioned to this state.	4984

(d) For the purposes of division (D) of section 718.14 of the	4985
Revised Code, a municipal corporation shall be deemed to have	4986
elected to tax S corporation shareholders' distributive shares of	4987
net profits of the S corporation in the hands of the shareholders	4988
if a majority of the electors of a municipal corporation vote in	4989
favor of a question at an election held under division (H)(9)(b)	4990
or (c) of this section. The municipal corporation shall specify by	4991
ordinance or rule that the tax applies to the distributive share	4992
of a shareholder of an S corporation in the hands of the	4993
shareholder of the S corporation.	4994

(10) Employee compensation that is not "qualifying wages" as	4995
defined in section 718.03 of the Revised Code;	4996

(11) Beginning August 1, 2007, compensation paid to a person	4997
employed within the boundaries of a United States air force base	4998
under the jurisdiction of the United States air force that is used	4999
for the housing of members of the United States air force and is a	5000
center for air force operations, unless the person is subject to	5001
taxation because of residence or domicile. If the compensation is	5002
subject to taxation because of residence or domicile, municipal	5003
income tax shall be payable only to the municipal corporation of	5004
residence or domicile.	5005

(I) Any municipal corporation that taxes any type of	5006
intangible income on March 29, 1988, pursuant to Section 3 of	5007
Amended Substitute Senate Bill No. 238 of the 116th general	5008
assembly, may continue to tax that type of income after 1988 if a	5009
majority of the electors of the municipal corporation voting on	5010
the question of whether to permit the taxation of that type of	5011
intangible income after 1988 vote in favor thereof at an election	5012
held on November 8, 1988.	5013

(J) Nothing in this section or section 718.02 of the Revised	5014
Code shall authorize the levy of any tax on income that a	5015
municipal corporation is not authorized to levy under existing	5016
laws or shall require a municipal corporation to allow a deduction	5017
from taxable income for losses incurred from a sole proprietorship	5018
or partnership.	5019

(K)(1) Nothing in this chapter prohibits a municipal	5020
corporation from allowing, by resolution or ordinance, a net	5021
operating loss carryforward.	5022

(2) Nothing in this chapter requires a municipal corporation	5023
to allow a net operating loss carryforward.	5024

(L)(1) A single member limited liability company that is a	5025
disregarded entity for federal tax purposes may elect to be a	5026
separate taxpayer from its single member in all Ohio municipal	5027
corporations in which it either filed as a separate taxpayer or	5028
did not file for its taxable year ending in 2003, if all of the	5029
following conditions are met:	5030

(a) The limited liability company's single member is also a	5031
limited liability company;	5032

(b) The limited liability company and its single member were	5033
formed and doing business in one or more Ohio municipal	5034
corporations for at least five years before January 1, 2004;	5035

(c) Not later than December 31, 2004, the limited liability	5036
company and its single member each make an election to be treated	5037
as a separate taxpayer under division (L) of this section;	5038

(d) The limited liability company was not formed for the	5039
purpose of evading or reducing Ohio municipal corporation income	5040
tax liability of the limited liability company or its single	5041
member;	5042

(e) The Ohio municipal corporation that is the primary place	5043
of business of the sole member of the limited liability company	5044
consents to the election.	5045

(2) For purposes of division (L)(1)(e) of this section, a	5046
municipal corporation is the primary place of business of a	5047
limited liability company if, for the limited liability company's	5048
taxable year ending in 2003, its income tax liability is greater	5049
in that municipal corporation than in any other municipal	5050
corporation in Ohio, and that tax liability to that municipal	5051
corporation for its taxable year ending in 2003 is at least four	5052
hundred thousand dollars.	5053

Sec. 718.09. (A) This section applies to either of the	5054
following:	5055

(1) A municipal corporation that shares the same territory as	5056
a city, local, or exempted village school district, to the extent	5057
that not more than five per cent of the territory of the municipal	5058
corporation is located outside the school district and not more	5059
than five per cent of the territory of the school district is	5060
located outside the municipal corporation;	5061

(2) A municipal corporation that shares the same territory as	5062
a city, local, or exempted village school district, to the extent	5063
that not more than five per cent of the territory of the municipal	5064
corporation is located outside the school district, more than five	5065
per cent but not more than ten per cent of the territory of the	5066
school district is located outside the municipal corporation, and	5067
that portion of the territory of the school district that is	5068
located outside the municipal corporation is located entirely	5069
within another municipal corporation having a population of four	5070
hundred thousand or more according to the federal decennial census	5071
most recently completed before the agreement is entered into under	5072
division (B) of this section.	5073

(B) The legislative authority of a municipal corporation to	5074
which this section applies may propose to the electors an income	5075
tax, one of the purposes of which shall be to provide financial	5076
assistance to the school district through payment to the district	5077
of not less than twenty-five per cent of the revenue generated by	5078
the tax, except that the legislative authority may not propose to	5079
levy the income tax on the incomes of nonresident individuals.	5080
Prior to proposing the tax, the legislative authority shall	5081
negotiate and enter into a written agreement with the board of	5082
education of the school district specifying the tax rate, the	5083
percentage of tax revenue to be paid to the school district, the	5084
purpose for which the school district will use the money, the	5085
first year the tax will be levied, the date of the special	5086
election on the question of the tax, and the method and schedule	5087
by which the municipal corporation will make payments to the	5088
school district. The special election shall be held on a day	5089
specified in division (D) of section 3501.01 of the Revised Code,	5090
except that the special election may not be held on the day for	5091
holding a primary election as authorized by the municipal	5092
corporation's charter unless the municipal corporation is to have	5093
a primary election on that day.	5094

After the legislative authority and board of education have	5095
entered into the agreement, the legislative authority shall	5096
provide for levying the tax by ordinance. The ordinance shall	5097
state the tax rate, the percentage of tax revenue to be paid to	5098
the school district, the purpose for which the municipal	5099
corporation will use its share of the tax revenue, the first year	5100
the tax will be levied, and that the question of the income tax	5101
will be submitted to the electors of the municipal corporation.	5102
The legislative authority also shall adopt a resolution specifying	5103
the regular or special election date the election will be held and	5104
directing the board of elections to conduct the election. At least	5105
~~seventy-five~~ninety days before the date of the election, the	5106
legislative authority shall file certified copies of the ordinance	5107
and resolution with the board of elections.	5108

(C) The board of elections shall make the necessary	5109
arrangements for the submission of the question to the electors of	5110
the municipal corporation, and shall conduct the election in the	5111
same manner as any other municipal income tax election. Notice of	5112
the election shall be published in a newspaper of general	5113
circulation in the municipal corporation once a week for four	5114
consecutive weeks prior to the election, and shall include	5115
statements of the rate and municipal corporation and school	5116
district purposes of the income tax, the percentage of tax revenue	5117
that will be paid to the school district, and the first year the	5118
tax will be levied. The ballot shall be in the following form:	5119

"Shall the ordinance providing for a ..... per cent levy on	5120
income for (brief description of the municipal corporation and	5121
school district purposes of the levy, including a statement of the	5122
percentage of tax revenue that will be paid to the school	5123
district) be passed? The income tax, if approved, will not be	5124
levied on the incomes of individuals who do not reside in (the	5125
name of the municipal corporation).	5126

5127

		For the income tax			5128
		Against the income tax	"		5129

5130

(D) If the question is approved by a majority of the	5131
electors, the municipal corporation shall impose the income tax	5132
beginning in the year specified in the ordinance. The proceeds of	5133
the levy may be used only for the specified purposes, including	5134
payment of the specified percentage to the school district.	5135

Sec. 718.10. (A) This section applies to a group of two or	5136
more municipal corporations that, taken together, share the same	5137
territory as a single city, local, or exempted village school	5138
district, to the extent that not more than five per cent of the	5139
territory of the municipal corporations as a group is located	5140
outside the school district and not more than five per cent of the	5141
territory of the school district is located outside the municipal	5142
corporations as a group.	5143

(B) The legislative authorities of the municipal corporations	5144
in a group of municipal corporations to which this section applies	5145
each may propose to the electors an income tax, to be levied in	5146
concert with income taxes in the other municipal corporations of	5147
the group, except that a legislative authority may not propose to	5148
levy the income tax on the incomes of individuals who do not	5149
reside in the municipal corporation. One of the purposes of such a	5150
tax shall be to provide financial assistance to the school	5151
district through payment to the district of not less than	5152
twenty-five per cent of the revenue generated by the tax. Prior to	5153
proposing the taxes, the legislative authorities shall negotiate	5154
and enter into a written agreement with each other and with the	5155
board of education of the school district specifying the tax rate,	5156
the percentage of the tax revenue to be paid to the school	5157
district, the first year the tax will be levied, and the date of	5158
the election on the question of the tax, all of which shall be the	5159
same for each municipal corporation. The agreement also shall	5160
state the purpose for which the school district will use the	5161
money, and specify the method and schedule by which each municipal	5162
corporation will make payments to the school district. The special	5163
election shall be held on a day specified in division (D) of	5164
section 3501.01 of the Revised Code, including a day on which all	5165
of the municipal corporations are to have a primary election.	5166

After the legislative authorities and board of education have	5167
entered into the agreement, each legislative authority shall	5168
provide for levying its tax by ordinance. Each ordinance shall	5169
state the rate of the tax, the percentage of tax revenue to be	5170
paid to the school district, the purpose for which the municipal	5171
corporation will use its share of the tax revenue, and the first	5172
year the tax will be levied. Each ordinance also shall state that	5173
the question of the income tax will be submitted to the electors	5174
of the municipal corporation on the same date as the submission of	5175
questions of an identical tax to the electors of each of the other	5176
municipal corporations in the group, and that unless the electors	5177
of all of the municipal corporations in the group approve the tax	5178
in their respective municipal corporations, none of the municipal	5179
corporations in the group shall levy the tax. Each legislative	5180
authority also shall adopt a resolution specifying the regular or	5181
special election date the election will be held and directing the	5182
board of elections to conduct the election. At least ~~seventy-five~~	5183
ninety days before the date of the election, each legislative	5184
authority shall file certified copies of the ordinance and	5185
resolution with the board of elections.	5186

(C) For each of the municipal corporations, the board of	5187
elections shall make the necessary arrangements for the submission	5188
of the question to the electors, and shall conduct the election in	5189
the same manner as any other municipal income tax election. For	5190
each of the municipal corporations, notice of the election shall	5191
be published in a newspaper of general circulation in the	5192
municipal corporation once a week for four consecutive weeks prior	5193
to the election. The notice shall include a statement of the rate	5194
and municipal corporation and school district purposes of the	5195
income tax, the percentage of tax revenue that will be paid to the	5196
school district, and the first year the tax will be levied, and an	5197
explanation that the tax will not be levied unless an identical	5198
tax is approved by the electors of each of the other municipal	5199
corporations in the group. The ballot shall be in the following	5200
form:	5201

"Shall the ordinance providing for a ... per cent levy on	5202
income for (brief description of the municipal corporation and	5203
school district purposes of the levy, including a statement of the	5204
percentage of income tax revenue that will be paid to the school	5205
district) be passed? The income tax, if approved, will not be	5206
levied on the incomes of individuals who do not reside in (the	5207
name of the municipal corporation). In order for the income tax to	5208
be levied, the voters of (the other municipal corporations in the	5209
group), which are also in the (name of the school district) school	5210
district, must approve an identical income tax and agree to pay	5211
the same percentage of the tax revenue to the school district.	5212

5213

		For the income tax			5214
		Against the income tax	"		5215

5216

(D) If the question is approved by a majority of the electors	5217
and identical taxes are approved by a majority of the electors in	5218
each of the other municipal corporations in the group, the	5219
municipal corporation shall impose the tax beginning in the year	5220
specified in the ordinance. The proceeds of the levy may be used	5221
only for the specified purposes, including payment of the	5222
specified percentage to the school district.	5223

Sec. 731.03. (A) Except as otherwise provided in division	5224
(B) of this section, one member of the legislative authority of a	5225
city from each ward and such number of members thereof at large as	5226
is provided by section 731.01 of the Revised Code shall be chosen	5227
in each odd-numbered year. Members shall serve for a term of two	5228
years commencing on the first day of January next after their	5229
election.	5230

(B) A city legislative authority may, by majority vote, adopt	5231
a resolution causing the board of elections to submit to the city	5232
electors the question of whether the terms of office of the	5233
members of the legislative authority should be changed from two to	5234
four years. The question may also ask whether the legislative	5235
authority should be authorized to establish staggered four-year	5236
terms of office among members of the legislative authority by	5237
fixing certain terms of office at two years for one term of office	5238
but then at four years thereafter. If the resolution calls for	5239
submission of the question about staggered terms, the resolution	5240
shall specify the number of members to be elected for four-year	5241
terms and the number to be elected for two-year terms at the next	5242
election for such members. The resolution shall also specify how	5243
many of those members elected to four-year terms and how many of	5244
those members elected to two-year terms shall be elected from the	5245
city at large, and how many from wards. If staggered terms of	5246
office are established, the legislative authority shall fix the	5247
length of the terms of office prior to the last day fixed by law	5248
for filing as a candidate for such office. The question shall be	5249
voted upon at the next general election occurring not less than	5250
~~seventy-five~~ninety days after the certification of the resolution	5251
to the board of elections. If a majority of the votes cast on the	5252
question is in the affirmative, the terms of office of the members	5253
of the legislative authority shall be four years effective on the	5254
first day of January following the next regular municipal	5255
election, except as may otherwise be provided by the legislative	5256
authority to establish staggered terms of office among members of	5257
the legislative authority.	5258

A city legislative authority whose members' terms of office	5259
are four years may, by a majority vote, adopt a resolution	5260
establishing staggered four-year terms of office among members of	5261
the legislative authority by fixing certain terms of office at two	5262
years for one term of office but then at four years thereafter.	5263
The resolution shall specify the number of members to be elected	5264
for four-year terms and the number to be elected for two-year	5265
terms, and shall specify how many of those members elected to	5266
four-year terms and how many of those members elected to two-year	5267
terms shall be elected from the city at large, and how many from	5268
wards. If staggered terms of office are established, the	5269
legislative authority shall fix the length of the terms of office	5270
prior to the last day fixed by law for filing as a candidate for	5271
such office.	5272

A city legislative authority whose members' terms of office	5273
are four years may, by majority vote, adopt a resolution causing	5274
the board of elections to submit to the city electors the question	5275
of whether the members' terms should be changed back from four to	5276
two years. The question shall be voted upon at the next general	5277
election occurring not less than ~~seventy-five~~ninety days after	5278
the certification of the resolution to the board of elections. If	5279
a majority of the votes cast on the question is in the	5280
affirmative, the terms of office of the members of the legislative	5281
authority shall be two years effective on the first day of January	5282
following the next regular municipal election.	5283

Sec. 731.28. Ordinances and other measures providing for the	5284
exercise of any powers of government granted by the constitution	5285
or delegated to any municipal corporation by the general assembly	5286
may be proposed by initiative petition. Such initiative petition	5287
must contain the signatures of not less than ten per cent of the	5288
number of electors who voted for governor at the most recent	5289
general election for the office of governor in the municipal	5290
corporation.	5291

When a petition is filed with the city auditor or village	5292
clerk, signed by the required number of electors proposing an	5293
ordinance or other measure, such auditor or clerk shall, after ten	5294
days, transmit a certified copy of the text of the proposed	5295
ordinance or measure to the board of elections. The auditor or	5296
clerk shall transmit the petition to the board together with the	5297
certified copy of the proposed ordinance or other measure. The	5298
board shall examine all signatures on the petition to determine	5299
the number of electors of the municipal corporation who signed the	5300
petition. The board shall return the petition to the auditor or	5301
clerk within ten days after receiving it, together with a	5302
statement attesting to the number of such electors who signed the	5303
petition.	5304

The board shall submit such proposed ordinance or measure for	5305
the approval or rejection of the electors of the municipal	5306
corporation at the next general election occurring subsequent to	5307
~~seventy-five~~ninety days after the auditor or clerk certifies the	5308
sufficiency and validity of the initiative petition to the board	5309
of elections. No ordinance or other measure proposed by initiative	5310
petition and approved by a majority of the electors voting upon	5311
the measure in such municipal corporation shall be subject to the	5312
veto of the mayor.	5313

As used in this section, "certified copy" means a copy	5314
containing a written statement attesting it is a true and exact	5315
reproduction of the original proposed ordinance or other measure.	5316

Sec. 731.29. Any ordinance or other measure passed by the	5317
legislative authority of a municipal corporation shall be subject	5318
to the referendum except as provided by section 731.30 of the	5319
Revised Code. No ordinance or other measure shall go into effect	5320
until thirty days after it is filed with the mayor of a city or	5321
passed by the legislative authority in a village, except as	5322
provided by such section.	5323

When a petition, signed by ten per cent of the number of	5324
electors who voted for governor at the most recent general	5325
election for the office of governor in the municipal corporation,	5326
is filed with the city auditor or village clerk within thirty days	5327
after any ordinance or other measure is filed with the mayor or	5328
passed by the legislative authority of a village, or in case the	5329
mayor has vetoed the ordinance or any measure and returned it to	5330
council, such petition may be filed within thirty days after the	5331
council has passed the ordinance or measure over ~~his~~the veto,	5332
ordering that such ordinance or measure be submitted to the	5333
electors of such municipal corporation for their approval or	5334
rejection, such auditor or clerk shall, after ten days, and not	5335
later than four p.m. of the ~~seventy-fifth~~ninetieth day before the	5336
day of election, transmit a certified copy of the text of the	5337
ordinance or measure to the board of elections. The auditor or	5338
clerk shall transmit the petition to the board together with the	5339
certified copy of the ordinance or measure. The board shall	5340
examine all signatures on the petition to determine the number of	5341
electors of the municipal corporation who signed the petition. The	5342
board shall return the petition to the auditor or clerk within ten	5343
days after receiving it, together with a statement attesting to	5344
the number of such electors who signed the petition. The board	5345
shall submit the ordinance or measure to the electors of the	5346
municipal corporation, for their approval or rejection, at the	5347
next general election occurring subsequent to ~~seventy-five~~ninety	5348
days after the auditor or clerk certifies the sufficiency and	5349
validity of the petition to the board of elections.	5350

No such ordinance or measure shall go into effect until	5351
approved by the majority of those voting upon it. Sections 731.28	5352
to 731.41 of the Revised Code do not prevent a municipal	5353
corporation, after the passage of any ordinance or other measure,	5354
from proceeding at once to give any notice or make any publication	5355
required by such ordinance or other measure.	5356

As used in this section, "certified copy" means a copy	5357
containing a written statement attesting that it is a true and	5358
exact reproduction of the original ordinance or other measure.	5359

Sec. 733.09. (A) Except as otherwise provided in division	5360
(B) of this section, the president of the legislative authority of	5361
a city shall be elected for a term of two years, commencing on the	5362
first day of January next after ~~his~~ election. HeThe president of	5363
the legislative authority shall be an elector of the city, and	5364
shall preside at all regular and special meetings of such	5365
legislative authority, but hethe president shall have no vote	5366
therein except in case of a tie.	5367

(B) A city legislative authority may, by majority vote, adopt	5368
a resolution causing the board of elections to submit to the city	5369
electors the question of whether the term of office of the	5370
president of the legislative authority should be changed from two	5371
to four years. The question shall be voted upon at the next	5372
general election occurring not less than ~~seventy-five~~ninety days	5373
after the certification of the resolution to the board of	5374
elections. If a majority of the votes cast on the question is in	5375
the affirmative, the term of office of the president of the	5376
legislative authority shall be four years effective on the first	5377
day of January following the next regular municipal election.	5378

A city legislative authority whose president's term of office	5379
is four years may, by majority vote, adopt a resolution causing	5380
the board of elections to submit to the city electors the question	5381
of whether the president's term should be changed from four to two	5382
years. The question shall be voted upon at the next general	5383
election ~~occuring~~occurring not less than ~~seventy-five~~ninety days	5384
after the certification of the resolution to the board of	5385
elections. If a majority of the votes cast on the question is in	5386
the affirmative, the term of the office of the president of the	5387
legislative authority shall be two years effective on the first	5388
day of January following the next regular municipal election.	5389

Sec. 733.261. (A) The legislative authority of a village	5390
may, by ordinance or resolution passed by at least a majority	5391
vote, combine the duties of the clerk and the treasurer into one	5392
office, to be known as the clerk-treasurer. The combination shall	5393
be effective on the first day of January following the next	5394
regular municipal election at which the village clerk is to be	5395
elected, provided that a clerk-treasurer shall be elected at such	5396
election pursuant to this section and shall be elected for a term	5397
of four years, commencing on the first day of April following ~~his~~	5398
election. Between the first day of January and the first day of	5399
April following such an election, the clerk shall perform the	5400
duties of clerk-treasurer. The legislative authority of the	5401
village shall file certification of such action with the board of	5402
elections not less than one hundred ~~five~~twenty days before the	5403
day of the next municipal primary election at which the village	5404
clerk is to be elected; provided that in villages under two	5405
thousand population in which no petition for a primary election	5406
was filed pursuant to section 3513.01 of the Revised Code, or in	5407
villages in which no primary is held pursuant to section 3513.02	5408
of the Revised Code, such action shall be certified to the board	5409
of elections not less than one hundred ~~five~~twenty days before the	5410
next general election at which the village clerk is to be elected.	5411

At such succeeding regular municipal election and thereafter,	5412
the clerk-treasurer shall be elected for a term of four years,	5413
commencing on the first day of April following the	5414
clerk-treasurer's election. The clerk-treasurer shall be an	5415
elector of the corporation.	5416

(B) In addition to the circumstances described in division	5417
(A) of this section, when a vacancy exists in the office of	5418
village treasurer or village clerk the legislative authority of a	5419
village may, by ordinance or resolution passed by at least a	5420
majority vote, combine the duties of the clerk and the treasurer	5421
into one office, to be known as the clerk-treasurer. The	5422
combination shall be effective on the effective date of the	5423
ordinance or resolution combining the duties of the offices of	5424
clerk and treasurer. At the next regular municipal election at	5425
which the village clerk would have been elected and each four	5426
years thereafter, the clerk-treasurer shall be elected for a term	5427
of four years, commencing on the first day of April following the	5428
clerk-treasurer's election. The clerk-treasurer shall be an	5429
elector of the municipal corporation.	5430

(C) The clerk-treasurer shall perform the duties provided by	5431
law for the clerk and the treasurer. All laws pertaining to the	5432
clerk and to the treasurer shall be construed to apply to the	5433
clerk-treasurer, provided that the initial compensation for the	5434
office of clerk-treasurer shall be established by the legislative	5435
authority and that action shall not be subject to section 731.13	5436
of the Revised Code relating to the time when the compensation of	5437
village elected officials shall be fixed and pertaining to changes	5438
in compensation of officials during the term of office.	5439

(D) The legislative authority of a village having a	5440
clerk-treasurer may separate the offices by ordinance or	5441
resolution passed by at least a majority vote. The action to	5442
separate the offices may be taken in either of the following	5443
circumstances:	5444

(1) When a vacancy exists in the office of clerk-treasurer,	5445
in which case the separation shall be effective upon the effective	5446
date of the ordinance or resolution;	5447

(2) When the action of the legislative authority is certified	5448
to and filed with the board of elections not less than one hundred	5449
~~five~~twenty days before the day of the next primary election at	5450
which the village clerk and treasurer are to be elected; provided	5451
that in villages under two thousand population in which no	5452
petition for a primary election was filed pursuant to section	5453
3513.01 of the Revised Code, or in villages in which no primary is	5454
held pursuant to section 3513.02 of the Revised Code, such action	5455
shall be certified to the board of elections not less than one	5456
hundred ~~five~~twenty days before the next general election at which	5457
the village clerk and treasurer are to be elected.	5458

Sec. 733.262. (A) In lieu of having the elected office of	5459
village clerk and the office of village treasurer, or the combined	5460
elected office of village clerk-treasurer, a village may combine	5461
the duties of the clerk and treasurer into one appointed office,	5462
to be known as the village fiscal officer. To make this change,	5463
the village legislative authority shall pass, by a two-thirds	5464
vote, an ordinance or resolution proposing to make the change	5465
effective on the first day of January following the next regular	5466
municipal election at which the village clerk or village	5467
clerk-treasurer is to be elected.	5468

So that no election for the office of village clerk or	5469
village clerk-treasurer is held after the passage of the ordinance	5470
or resolution, the village legislative authority shall file a	5471
certified copy of the ordinance or resolution with the board of	5472
elections not less than one hundred ~~five~~twenty days before the	5473
day of the next succeeding municipal primary election at which	5474
candidates for the office of village clerk or village	5475
clerk-treasurer are to be nominated, or, in villages with a	5476
population of under two thousand in which no petition for a	5477
primary election is filed under section 3513.01 of the Revised	5478
Code or in villages in which no primary is held under section	5479
3513.02 of the Revised Code, not less than one hundred ~~five~~	5480
twenty days before the next succeeding regular municipal election	5481
at which the village clerk or village clerk-treasurer is to be	5482
elected.	5483

(B) In addition to the circumstances described in division	5484
(A) of this section, when a vacancy exists in the office of	5485
village clerk or village clerk-treasurer, the village legislative	5486
authority may pass, by a two-thirds vote, an ordinance or	5487
resolution to combine the duties of the clerk and the treasurer	5488
into the appointed office of village fiscal officer. That change	5489
shall take effect on the effective date of the ordinance or	5490
resolution.	5491

(C) A village fiscal officer appointed under this section	5492
shall perform the duties provided by law for the village clerk and	5493
treasurer and any other duties consistent with the nature of the	5494
office that are provided for by municipal ordinance.	5495

(D) A village fiscal officer shall be appointed by the mayor	5496
of the village, but that appointment does not become effective	5497
until it is approved by a majority vote of the village legislative	5498
authority. The village fiscal officer need not be an elector of	5499
the village or reside in the village at the time of appointment;	5500
however, the fiscal officer shall become a resident of the village	5501
within six months after the appointment takes effect, unless an	5502
ordinance is passed approving the fiscal officer's residence	5503
outside of the village.	5504

The village fiscal officer may be removed without cause	5505
either by the mayor with the consent of a majority of the members	5506
of the village legislative authority or by a three-fourths vote of	5507
the village legislative authority with or without the consent of	5508
the mayor.	5509

(E) The legislative authority of a village that has a village	5510
fiscal officer may abolish that appointed office and return to an	5511
elected office of village clerk-treasurer by passing an ordinance	5512
or resolution by a two-thirds vote.	5513

If a vacancy exists in the office of village fiscal officer	5514
when this ordinance or resolution is passed, the abolition shall	5515
take effect on the effective date of the ordinance or resolution,	5516
and the mayor shall appoint a village clerk-treasurer to serve	5517
until the first day of April following the next regular municipal	5518
election at which a clerk-treasurer can be elected. So an election	5519
can be held, the village legislative authority shall file a	5520
certified copy of the ordinance or resolution with the board of	5521
elections not less than one hundred ~~five~~twenty days before the	5522
day of the next succeeding municipal primary election.	5523

If a vacancy does not exist in the office of village fiscal	5524
officer when the abolishing ordinance or resolution is passed, the	5525
village legislative authority shall certify a copy of the	5526
ordinance or resolution to the board of elections not less than	5527
one hundred ~~five~~twenty days before the day of the next succeeding	5528
municipal primary election.	5529

The person elected at the next regular municipal election as	5530
village clerk-treasurer under the circumstances described in this	5531
division shall serve a four-year term commencing on the first day	5532
of April following that election.	5533

Sec. 733.31. (A) Unless otherwise provided by law, vacancies	5534
arising in appointive and elective offices of villages shall be	5535
filled by appointment by the mayor for the remainder of the	5536
unexpired term, provided that:	5537

(1) Vacancies in the office of mayor shall be filled in the	5538
manner provided by section 733.25 of the Revised Code;	5539

(2) Vacancies in the membership of the legislative authority	5540
shall be filled in the manner provided by section 731.43 of the	5541
Revised Code;	5542

(3) Vacancies in the office of president pro tempore of a	5543
village legislative authority shall be filled in the manner	5544
provided by section 731.11 of the Revised Code.	5545

In the event of a vacancy in the office of village clerk or	5546
treasurer, the mayor may appoint a person to serve as an acting	5547
officer to perform the duties of the office until a permanent	5548
officer is appointed to fill the vacancy.	5549

(B) Unless otherwise provided by law, vacancies arising in	5550
appointive offices of cities shall be filled by appointment by the	5551
mayor for the remainder of the unexpired term.	5552

(C) A vacancy in the office of president of the legislative	5553
authority of a city shall be filled in the same manner as provided	5554
in division (D) of this section. Vacancies in the office of mayor	5555
of a city shall be filled in the manner provided in section 733.08	5556
of the Revised Code. Vacancies in the membership of the	5557
legislative authority of a city shall be filled in the manner	5558
provided in section 731.43 of the Revised Code.	5559

(D) In case of the death, resignation, removal, or disability	5560
of the director of law, auditor, or treasurer of a city and such	5561
vacancy occurs more than ~~forty~~fifty days before the next general	5562
election for such office, a successor shall be elected at such	5563
election for the unexpired term unless such term expires within	5564
one year immediately following the date of such general election.	5565
In either event, the vacancy shall be filled as provided in this	5566
section and the appointee shall hold ~~his~~ office until a successor	5567
is elected and qualified.	5568

(1) The county central committee of the political party with	5569
which the last occupant of the office was affiliated, acting	5570
through its members who reside in the city where the vacancy	5571
occurs, shall appoint a person to hold the office and to perform	5572
the duties thereof until a successor is elected and has qualified,	5573
except that if such vacancy occurs because of the death,	5574
resignation, or inability to take the office of an officer-elect	5575
whose term has not yet begun, an appointment to take such office	5576
at the beginning of the term shall be made by the members of the	5577
central committee who reside in the city where the vacancy occurs.	5578

(2) Not less than five nor more than forty-five days after a	5579
vacancy occurs, the county central committee, acting through its	5580
members who reside in the city where the vacancy occurs, shall	5581
meet for the purpose of making an appointment. Not less than four	5582
days before the date of the meeting the ~~chairman~~chairperson or	5583
secretary of the central committee shall send by first class mail	5584
to every member of such central committee who resides in the city	5585
where the vacancy occurs a written notice which shall state the	5586
time and place of such meeting and the purpose thereof. A majority	5587
of the members of the central committee present at such meeting	5588
may make the appointment.	5589

(E) If the last occupant of the office or the officer-elect,	5590
as provided in division (D) of this section, was elected as an	5591
independent candidate, the mayor of the city shall make the	5592
appointment at the time the vacancy occurs.	5593

(F) Appointments made under this section shall be certified	5594
by the appointing county central committee or by the mayor of the	5595
municipal corporation to the county board of elections and to the	5596
secretary of state. The persons so appointed and certified shall	5597
be entitled to all remuneration provided by law for the offices to	5598
which they are appointed.	5599

(G) The mayor of the city may appoint a person to hold the	5600
city office of director of law, auditor, or treasurer as an acting	5601
officer and to perform the duties thereof between the occurrence	5602
of the vacancy and the time when the person appointed by the	5603
central committee qualifies and takes the office.	5604

Sec. 733.48. (A) Except as provided in division (B) of this	5605
section, when it considers it necessary, the legislative authority	5606
of a village may provide legal counsel for the village, or for any	5607
department or official of the village, for a period not to exceed	5608
two years and shall provide compensation for the legal counsel.	5609

(B) A petition may be filed with the village clerk, signed by	5610
registered electors residing in the village equal in number to not	5611
less than ten per cent of the total vote cast for all candidates	5612
for governor in the village at the most recent general election at	5613
which a governor was elected, requesting that the question be	5614
placed before the electors whether, instead of the legislative	5615
authority appointing legal counsel for the village or for any	5616
department or official of the village, the mayor shall appoint an	5617
attorney or law firm as the legal counsel with the advice and	5618
consent of the legislative authority. Within two weeks after	5619
receipt of the petition, the clerk shall certify it to the board	5620
of elections, which shall determine its sufficiency and validity.	5621
The petition shall be certified to the board not less than	5622
~~seventy-five~~ninety days prior to the election at which the	5623
question is to be voted upon.	5624

At the election, if a majority of the electors of the village	5625
approves the question, then effective immediately when the mayor	5626
considers it necessary, the mayor shall appoint, with the advice	5627
and consent of the legislative authority, an attorney or law firm	5628
as legal counsel for the village, or for any department or	5629
official of the village, for a period not to exceed two years. The	5630
appointment of legal counsel under this division shall be pursuant	5631
to a contract approved by the mayor and a majority vote of the	5632
legislative authority. The contract shall provide for the	5633
compensation and other terms of the engagement of the legal	5634
counsel, and the legislative authority shall provide that	5635
compensation for the legal counsel.	5636

(C) When acting under this section, the legislative authority	5637
acts in its administrative capacity.	5638

Sec. 749.021. Upon the execution of the agreement provided	5639
for in section 749.02 of the Revised Code the legislative	5640
authority of the municipal corporation shall submit to the	5641
electors thereof, at the next general election occurring not less	5642
than ~~seventy-five~~ninety days after the certification of the	5643
resolution to the board of elections, the question of the	5644
ratification of such agreement, and if the sum to be paid by the	5645
municipal corporation under the terms of such agreement is not	5646
available from current general revenues thereof, the legislative	5647
authority shall also submit to the electors, at the same election,	5648
the question of the issue of bonds of the municipal corporation in	5649
the amount specified in such agreement for the purpose of	5650
providing funds for the payment of such sum. The proceedings in	5651
the matter of such election and in the issuance and sale of such	5652
bonds shall be as provided by law for municipal bonds. Such	5653
agreement shall not be effective, and no bonds shall be issued,	5654
unless the electors approve of both the agreement and the bond	5655
issue, if the question of the issue of bonds is so submitted.	5656

Sec. 755.01. When five per cent of the qualified electors of	5657
a city petition the board of elections of the county for the	5658
privilege of determining by ballot whether there shall be a board	5659
of park commissioners, such board shall submit at the next general	5660
election held within such city at least ninety days after the	5661
petition is filed, or at a special election occurring at least	5662
ninety days after the petition is filed, if the petition requests	5663
a special election, the questions presented in the petition, to	5664
the electors of the city. Such special election shall be held at	5665
the usual place for holding municipal elections and shall be	5666
governed by the same rules, regulations, and laws as govern the	5667
holding of municipal elections.	5668

Sec. 757.02. Upon the filing of a petition as provided by	5669
section 757.01 of the Revised Code, the taxing authority of the	5670
municipal corporation shall pass a resolution providing for the	5671
submission of the question of levying a tax as provided by such	5672
section at the next following municipal election. A copy of such	5673
resolution shall be certified by the taxing authority to the board	5674
of elections not less than ~~seventy-five~~ninety days before the	5675
general election in any year in which a municipal election is	5676
held, and such board shall submit the question to the electors of	5677
the municipal corporation at the succeeding November election.	5678
Section 5705.25 of the Revised Code relating to the arrangements	5679
for and the conduct of such election, publication thereof, and	5680
form of ballot therefor, shall apply to such proposal to the	5681
electorate.	5682

If sixty-five per cent of the electors voting on such	5683
proposal at the election vote in favor thereof, sections 5705.25	5684
and 5705.26 of the Revised Code, shall apply to the certification	5685
and levy of such additional tax.	5686

Sec. 759.25. The legislative authority of a village may levy	5687
a tax for the purchase of a funeral coach or the ~~contruction~~	5688
construction of a vault for the dead, for the use of the village.	5689
Such resolution shall be filed with the board of elections not	5690
later than four p.m. of the ~~seventy-fifth~~ninetieth day before the	5691
day of the election. The question of levying such tax, for either	5692
or both purposes, and the amount asked therefor, shall be	5693
separately submitted to the electors of the village at a general	5694
election. Twenty days' notice of such election shall be given by	5695
posting in at least three public places in the village. The notice	5696
shall state specifically the amount to be raised, and for what	5697
purpose. If a majority of all the votes cast at the election is in	5698
favor of either or both propositions, they shall be considered	5699
adopted and the tax authorized. The funeral coach and vault shall	5700
be under the control of the board of cemetery trustees of the	5701
village where there is such board, otherwise under the control of	5702
the legislative authority or person appointed by it.	5703

Sec. 1515.28. A board of county commissioners may declare by	5704
resolution that it is necessary to levy a tax upon the property	5705
within the project area in order to pay the costs of the	5706
improvement not otherwise funded.	5707

Such resolution shall specify the rate which it is necessary	5708
to levy, the purpose thereof, and the number of years during which	5709
such increase shall be in effect, which levy may include a levy	5710
upon the duplicate of the current year.	5711

A copy of the resolution shall be certified to the board of	5712
elections for the county not less than ~~seventy-five~~ninety days	5713
before the general election in any year and said board shall	5714
submit the proposal to the electors within the project area at the	5715
succeeding November election in accordance with section 5705.25 of	5716
the Revised Code. For purposes of that section, the subdivision is	5717
the project area.	5718

If the per cent required for approval of a levy as set forth	5719
in section 5705.26 of the Revised Code vote in favor thereof, the	5720
board of county commissioners may levy a tax within the project	5721
area, outside the ten-mill limitation, during the period and for	5722
the purpose stated in the resolution, or at any less rate or for	5723
any less number of years.	5724

The board may issue bonds and notes in anticipation of the	5725
collection of taxes levied under this section, and notes in	5726
anticipation of the issuance of bonds.	5727

Sec. 1545.21. The board of park commissioners, by	5728
resolution, may submit to the electors of the park district the	5729
question of levying taxes for the use of the district. The	5730
resolution shall declare the necessity of levying such taxes,	5731
shall specify the purpose for which such taxes shall be used, the	5732
annual rate proposed, and the number of consecutive years the rate	5733
shall be levied. Such resolution shall be forthwith certified to	5734
the board of elections in each county in which any part of such	5735
district is located, not later than the ~~seventy-fifth~~ninetieth	5736
day before the day of the election, and the question of the levy	5737
of taxes as provided in such resolution shall be submitted to the	5738
electors of the district at a special election to be held on	5739
whichever of the following occurs first:	5740

(A) The day of the next general election;

5741

(B) The first Tuesday after the first Monday in May in any	5742
calendar year, except that if a presidential primary election is	5743
held in that calendar year, then the day of that election. The	5744
ballot shall set forth the purpose for which the taxes shall be	5745
levied, the annual rate of levy, and the number of years of such	5746
levy. If the tax is to be placed on the current tax list, the form	5747
of the ballot shall state that the tax will be levied in the	5748
current tax year and shall indicate the first calendar year the	5749
tax will be due. If the resolution of the board of park	5750
commissioners provides that an existing levy will be canceled upon	5751
the passage of the new levy, the ballot may include a statement	5752
that: "an existing levy of ... mills (stating the original levy	5753
millage), having ... years remaining, will be canceled and	5754
replaced upon the passage of this levy." In such case, the ballot	5755
may refer to the new levy as a "replacement levy" if the new	5756
millage does not exceed the original millage of the levy being	5757
canceled or as a "replacement and additional levy" if the new	5758
millage exceeds the original millage of the levy being canceled.	5759
If a majority of the electors voting upon the question of such	5760
levy vote in favor thereof, such taxes shall be levied and shall	5761
be in addition to the taxes authorized by section 1545.20 of the	5762
Revised Code, and all other taxes authorized by law. The rate	5763
submitted to the electors at any one time shall not exceed two	5764
mills annually upon each dollar of valuation. When a tax levy has	5765
been authorized as provided in this section or in section 1545.041	5766
of the Revised Code, the board of park commissioners may issue	5767
bonds pursuant to section 133.24 of the Revised Code in	5768
anticipation of the collection of such levy, provided that such	5769
bonds shall be issued only for the purpose of acquiring and	5770
improving lands. Such levy, when collected, shall be applied in	5771
payment of the bonds so issued and the interest thereon. The	5772
amount of bonds so issued and outstanding at any time shall not	5773
exceed one per cent of the total tax valuation in such district.	5774
Such bonds shall bear interest at a rate not to exceed the rate	5775
determined as provided in section 9.95 of the Revised Code.	5776

Sec. 1545.36. (A) When the board of elections of the county	5777
in which a park district is located has had filed with it a	5778
petition calling for the dissolution of the district, and	5779
determines that the petition meets the requirements of this	5780
section and section 3501.38 of the Revised Code, the board shall	5781
place the issue of the dissolution on the ballot at the next	5782
special election to be held on the day of a general or primary	5783
election. Written notice of the filing of the petition shall be	5784
sent immediately to the board of park commissioners and the	5785
probate court that created the district.	5786

(B) The petition shall:

5787

(1) Be filed with the board no less than ~~seventy-five~~ninety	5788
days before the next election;	5789

(2) Be supported by the signatures of at least twenty-five	5790
per cent of the number of voters in the district who voted in the	5791
preceding gubernatorial election.	5792

(C) If the petition as filed does not have the required	5793
number of signatures and the time for filing has elapsed, the	5794
board shall declare it invalid. No further petition for	5795
dissolution shall be received until after the next election is	5796
completed. On determination of these findings, the board shall	5797
send written notice of them to the principal circulator.	5798

(D)(1) If a majority of the votes cast support the	5799
dissolution, the board shall immediately send written notice of	5800
the vote, citing the number of votes for and against the issue, to	5801
the probate court, to the board of park commissioners, and to the	5802
principal circulator. No park district shall be applied for within	5803
the dissolved district for a period of four years following the	5804
election in which the issue was supported.	5805

(2) If the issue fails to obtain a majority of the votes	5806
cast, the board shall receive no further petition for dissolution	5807
until the fourth year following that in which the election failed,	5808
and shall send written notice of these results to the principal	5809
circulator and the board of park commissioners.	5810

Sec. 1711.30. Before issuing bonds under section 1711.28 of	5811
the Revised Code, the board of county commissioners, by	5812
resolution, shall submit to the qualified electors of the county	5813
at the next general election for county officers, held not less	5814
than ~~thirty~~ninety days after receiving from the county	5815
agricultural society the notice provided for in section 1711.25 of	5816
the Revised Code, the question of issuing and selling such bonds	5817
in such amount and denomination as are necessary for the purpose	5818
in view, and shall certify a copy of such resolution to the county	5819
board of elections.	5820

The county board of elections shall place the question of	5821
issuing and selling such bonds upon the ballot and make all other	5822
necessary arrangements for the submission, at the time fixed by	5823
such resolution, of such question to such electors. The votes cast	5824
at such election upon such question must be counted, canvassed,	5825
and certified in the same manner, except as provided by law, as	5826
votes cast for county officers. Fifteen days' notice of such	5827
submission shall be given by the county board of elections, by	5828
publication once a week for two consecutive weeks in two or more	5829
newspapers published in the county, stating the amount of bonds to	5830
be issued, the purpose for which they are to be issued, and the	5831
time and places of holding such election. Such question must be	5832
stated on the ballot as follows: "For the issue of county fair	5833
bonds, yes"; "For the issue of county fair bonds, no." If the	5834
majority of those voting upon the question of issuing the bonds	5835
vote in favor thereof, then and only then shall they be issued and	5836
the tax provided for in section 1711.29 of the Revised Code be	5837
levied.	5838

Sec. 1901.07. (A) All municipal court judges shall be	5839
elected on the nonpartisan ballot for terms of six years. In a	5840
municipal court in which only one judge is to be elected in any	5841
one year, that judge's term commences on the first day of January	5842
after the election. In a municipal court in which two or more	5843
judges are to be elected in any one year, their terms commence on	5844
successive days beginning the first day of January, following the	5845
election, unless otherwise provided by section 1901.08 of the	5846
Revised Code.	5847

(B) All candidates for municipal court judge may be nominated	5848
either by nominating petition or by primary election, except that	5849
if the jurisdiction of a municipal court extends only to the	5850
corporate limits of the municipal corporation in which the court	5851
is located and that municipal corporation operates under a	5852
charter, all candidates shall be nominated in the same manner	5853
provided in the charter for the office of municipal court judge	5854
or, if no specific provisions are made in the charter for the	5855
office of municipal court judge, in the same manner as the charter	5856
prescribes for the nomination and election of the legislative	5857
authority of the municipal corporation.	5858

If the jurisdiction of a municipal court extends beyond the	5859
corporate limits of the municipal corporation in which it is	5860
located or if the jurisdiction of the court does not extend beyond	5861
the corporate limits of the municipal corporation in which it is	5862
located and no charter provisions apply, all candidates for party	5863
nomination to the office of municipal court judge shall file a	5864
declaration of candidacy and petition not later than four p.m. of	5865
the ~~seventy-fifth~~ninetieth day before the day of the primary	5866
election~~, or if the primary election is a presidential primary~~	5867
~~election, not later than four p.m. of the sixtieth day before the~~	5868
~~day of the presidential primary election,~~ in the form prescribed	5869
by section 3513.07 of the Revised Code. The petition shall conform	5870
to the requirements provided for those petitions of candidacy	5871
contained in section 3513.05 of the Revised Code, except that the	5872
petition shall be signed by at least fifty electors of the	5873
territory of the court. If no valid declaration of candidacy is	5874
filed for nomination as a candidate of a political party for	5875
election to the office of municipal court judge, or if the number	5876
of persons filing the declarations of candidacy for nominations as	5877
candidates of one political party for election to the office does	5878
not exceed the number of candidates that that party is entitled to	5879
nominate as its candidates for election to the office, no primary	5880
election shall be held for the purpose of nominating candidates of	5881
that party for election to the office, and the candidates shall be	5882
issued certificates of nomination in the manner set forth in	5883
section 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 electors	5963
of the territory of the court and shall conform to the provisions	5964
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
fifty-sixth 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~~four days before the ~~fortieth~~fifty-sixth day	5998
before the general election, the deadline for filing shall be four	5999
p.m. on the ~~thirty-sixth~~fiftieth day before the day of the	6000
general 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~~ninetieth day before the	6129
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~~ninetieth day before the	6172
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~~ninetieth day before the	6216
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~~ninetieth day before the	6261
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-five 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 the	6424
following: file and safely keep all journals, records, books, and	6425
papers belonging or appertaining to the court; record the	6426
proceedings of the court; perform all other duties that the judges	6427
of the court may prescribe; and keep a book showing all receipts	6428
and disbursements, which book shall be open for public inspection	6429
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 exceeded	6531
one hundred thousand, the legislative authority of the municipal	6532
corporation may declare, by resolution, that the territory shall	6533
be considered to have a population of at least one hundred	6534
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~~ninetieth	6575
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~~ninety	6581
days before any general election for county officers, for the	6582
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 Morrow	6915
county in which the judges of the court of common pleas elected	6916
pursuant to this section also shall perform the duties and	6917
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~~ninety days after the	6968
date of the appointment of the last member to the initial	6969
governing board. Members shall serve for the duration of the term	6970
to which they are elected or until their successors are elected	6971
and qualified. At such election, two members shall be elected to	6972
terms of two years and three members shall be elected to terms of	6973
four years. Thereafter, their successors shall be elected in the	6974
same manner and for the same terms as members of governing boards	6975
of all educational service centers. Each candidate for election as	6976
a member of the educational service center governing board shall	6977
file a nominating petition in accordance with section 3513.255 of	6978
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~~ninety days after the board of elections	7049
certifies the validity and sufficiency of signatures on the	7050
petition. The election shall be conducted and canvassed and the	7051
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 and	7110
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~~ninety 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~~ninety days after the adoption and certification of	7125
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~~ninety 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~~ninety days after	7238
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~~ninety 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~~ninety 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~~ninety 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~~ninety 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~~ninety days after the date of such certification.	7486

Signatures on a petition of transfer or petition of	7487
referendum may be withdrawn up to and including the above	7488
mentioned meeting of the educational service center governing	7489
board only by order of the governing board upon testimony of the	7490
petitioner concerned under oath before the board that ~~his~~the	7491
petitioner's signature was obtained by fraud, duress, or	7492
misrepresentation.	7493

If a petition is filed with the educational service center	7494
governing board which proposes the transfer of a part or all of	7495
the territory included either in a petition previously filed by	7496
electors or in a resolution of transfer previously adopted by the	7497
educational service center governing board, no action shall be	7498
taken on such new petition as long as the previously initiated	7499
proposal is pending before the governing board or is subject to an	7500
election.	7501

Upon certification of a proposal to the board or boards of	7502
elections pursuant to this section, the board or boards of	7503
elections shall make the necessary arrangements for the submission	7504
of such question to the electors of the county or counties	7505
qualified to vote thereon, and the election shall be conducted and	7506
canvassed and the results shall be certified in the same manner as	7507
in regular elections for the election of members of a board of	7508
education.	7509

The persons qualified to vote upon a proposal are the	7510
electors residing in the district or districts containing	7511
territory that is proposed to be transferred. If the proposed	7512
transfer is approved by at least a majority of the electors voting	7513
on the proposal, the educational service center governing board	7514
shall make such transfer at any time prior to the next succeeding	7515
first day of July, subject to the approval of the receiving board	7516
of education in case of a transfer to a city or exempted village	7517
school district, and subject to the approval of the educational	7518
service center governing board of the receiving center, in case of	7519
a transfer to an educational service center. If the proposed	7520
transfer is not approved by at least a majority of the electors	7521
voting on the proposal, the question of transferring any property	7522
included in the territory covered by the proposal shall not be	7523
submitted to electors at any election prior to the first general	7524
election the date of which is at least two years after the date of	7525
the original election, or the first primary election held in an	7526
even-numbered year the date of which is at least two years after	7527
the date of the original election.	7528

Where a territory is transferred under this section to a city	7529
or exempted village school district, the board of education of	7530
such district shall, and where territory is transferred to an	7531
educational service center the governing board of such educational	7532
service center shall, within thirty days following receipt of the	7533
proposal, either accept or reject the transfer.	7534

Where a governing board of an educational service center	7535
adopts a resolution accepting territory transferred to the	7536
educational service center under the provisions of sections	7537
3311.231 and 3311.24 of the Revised Code, the governing board	7538
shall, at the time of the adoption of the resolution accepting the	7539
territory, designate the school district to which the accepted	7540
territory shall be annexed.	7541

When an entire school district is proposed to be transferred	7542
to two or more adjoining school districts and the offer is	7543
rejected by any one of the receiving boards of education, none of	7544
the territory included in the proposal shall be transferred.	7545

Upon the acceptance of territory by the receiving board or	7546
boards of education the educational service center governing board	7547
offering the territory shall file with the county auditor of each	7548
county affected by the transfer and with the state board of	7549
education an accurate map showing the boundaries of the territory	7550
transferred.	7551

Upon the making of such transfer, the net indebtedness of the	7552
former district from which territory was transferred shall be	7553
apportioned between the acquiring school district and the portion	7554
of the former school district remaining after the transfer in the	7555
ratio which the assessed valuation of the territory transferred to	7556
the acquiring school district bears to the assessed valuation of	7557
the original school district as of the effective date of the	7558
transfer. As used in this section "net indebtedness" means the	7559
difference between the par value of the outstanding and unpaid	7560
bonds and notes of the school district and the amount held in the	7561
sinking fund and other indebtedness retirement funds for their	7562
redemption.	7563

If an entire district is transferred, any indebtedness of the	7564
former district incurred as a result of a loan made under section	7565
3317.64 of the Revised Code is hereby canceled and such	7566
indebtedness shall not be apportioned among any districts	7567
acquiring the territory.	7568

Upon the making of any transfer under this section, the funds	7569
of the district from which territory was transferred shall be	7570
divided equitably by the educational service center governing	7571
board, between the acquiring district and any part of the original	7572
district remaining after the transfer.	7573

If an entire district is transferred the board of education	7574
of such district is thereby abolished or if a member of the board	7575
of education lives in that part of a school district transferred	7576
the member becomes a nonresident of the school district from which	7577
the territory was transferred and hesuch member ceases to be a	7578
member of the board of education of such district.	7579

The legal title of all property of the board of education in	7580
the territory transferred shall become vested in the board of	7581
education of the school district to which such territory is	7582
transferred.	7583

If an entire district is transferred, foundation program	7584
moneys accruing to a district receiving school territory under the	7585
provisions of this section shall not be less, in any year during	7586
the next succeeding three years following the transfer, than the	7587
sum of the amounts received by the districts separately in the	7588
year in which the transfer was consummated.	7589

Sec. 3311.25. (A) Notwithstanding any other provision of	7590
this chapter, two or more city, local, or exempted village school	7591
districts whose territory is primarily located within the same	7592
county may be merged as provided in this section, if the county	7593
has a population of less than one hundred thousand, as determined	7594
by the most recent federal decennial census.	7595

(B) A petition may be filed with the board of elections	7596
proposing that two or more school districts whose territory is	7597
primarily located within a county meeting the qualifications of	7598
division (A) of this section form a commission to study the	7599
proposed merger of the school districts. The petition may be	7600
presented in separate petition papers. Each petition paper shall	7601
contain, in concise language, the purpose of the petition and the	7602
names of five electors of each school district proposed to be	7603
merged to serve as commissioners on the merger study commission.	7604
The petition shall be governed by the rules of section 3501.38 of	7605
the Revised Code.	7606

A petition filed under this section shall contain signatures	7607
of electors of each school district proposed to be merged,	7608
numbering not less than ten per cent of the number of electors	7609
residing in that district who voted for the office of governor at	7610
the most recent general election for that office. The petition	7611
shall be filed with the board of elections of the county described	7612
by division (A) of this section. The board of elections of the	7613
county in which the petition is required to be filed shall	7614
ascertain the validity of all signatures on the petition and may	7615
require the assistance of boards of elections of other counties if	7616
any of the school districts proposed to be merged are located	7617
partially in a county other than the one in which the petition is	7618
required to be filed.	7619

(C)(1) If the board of elections of the county in which the	7620
petition is required to be filed determines that the petition is	7621
sufficient, the board shall submit the following question for the	7622
approval or rejection of the electors of each school district	7623
proposed to be merged at the next general election occurring at	7624
least ~~seventy-five~~ninety days after the date the petition is	7625
filed: "Shall a commission be established to study the proposed	7626
merger of any or all of the school districts in this county and,	7627
if a merger is considered desirable, to draw up a statement of	7628
conditions for that proposed merger?" The ballot shall include,	7629
for each of the school districts proposed to be merged, the names	7630
of the five electors identified in the petition, who shall	7631
constitute the commissioners on behalf of that district.	7632

(2) If any of the school districts for which merger is	7633
proposed are located partially in a county other than the one in	7634
which the petition is required to be filed, the board of elections	7635
of the county in which the petition is required to be filed shall,	7636
if the petition is found to be sufficient, certify the sufficiency	7637
of that petition and the statement of the issue to be voted on to	7638
the boards of elections of those other counties. The boards of	7639
those other counties shall submit the question of merging and the	7640
names of candidates to be elected to the commission for the	7641
approval or rejection of electors in the portions of the school	7642
districts proposed to be merged that are located within their	7643
respective counties. Upon the holding of the election, those	7644
boards shall certify the results to the board of elections of the	7645
county in which the petition is required to be filed.	7646

(D) A petition shall not be deemed insufficient for all	7647
school districts proposed to be merged if it contains the	7648
signatures of less than ten per cent of the electors who voted for	7649
the office of governor at the most recent general election for	7650
that office in a particular school district. If the petition	7651
contains a sufficient number of signatures and is otherwise	7652
determined by the board of elections to be sufficient for at least	7653
two school districts proposed to be merged, the board shall submit	7654
the question of the proposed merger for the approval or rejection	7655
of voters under division (C) of this section in each of the	7656
districts for which the petition was determined to be sufficient.	7657
The board shall not submit the question of the proposed merger for	7658
the approval or rejection of voters under division (C) of this	7659
section for any school district for which a petition contains an	7660
insufficient number of signatures or for which the board otherwise	7661
determines the petition to be insufficient.	7662

(E)(1) If the question of forming a merger study commission	7663
as provided in division (C) of this section is approved by a	7664
majority of those voting on it in at least two school districts,	7665
the commission shall be established and the five candidates from	7666
each school district in which the question was approved shall be	7667
elected to the commission to study the proposed merger and to	7668
formulate any conditions of any proposed merger if a merger is	7669
considered desirable after study by the commission. Any school	7670
district that disapproved of the question of forming a merger	7671
study commission by a majority of those voting on it shall not be	7672
included in, and its proposed candidates shall not be elected to,	7673
the commission.	7674

(2) The first meeting of the commission shall be held in the	7675
regular meeting place of the board of county commissioners of the	7676
county in which the petition is required to be filed, at nine a.m.	7677
on the tenth day after the certification of the election by the	7678
last of the respective boards of elections to make such	7679
certification, unless that day is a Saturday, Sunday, or a	7680
holiday, in which case the first meeting shall be held on the next	7681
day thereafter that is not a Saturday, Sunday, or holiday. The	7682
president of the school board of the school district with the	7683
largest population of the districts that approved the question of	7684
forming a merger study commission under division (C) of this	7685
section shall serve as temporary chairperson until permanent	7686
officers are elected. The commission shall immediately elect its	7687
own permanent officers and shall proceed to meet as often as	7688
necessary to study the proposed merger, determine whether a	7689
proposed merger is desirable, and formulate any conditions for any	7690
proposed merger. All meetings of the commission shall be subject	7691
to the requirements of section 121.22 of the Revised Code.	7692

(3) The conditions for a proposed merger may provide for the	7693
election of school board members for the new school district and	7694
any other conditions that a majority of the members of the	7695
commission from each school district find necessary. The	7696
conditions for the proposed merger also may provide that the	7697
merger, if approved, shall not become effective until the date on	7698
which any required changes in state law necessary for the school	7699
district merger to occur become effective.	7700

(4) As soon as the commission determines that a merger is not	7701
desirable or finalizes the conditions for a proposed merger, the	7702
commission shall report this fact, and the name of each school	7703
district proposed for merger in which the majority of the	7704
district's commissioners have agreed to the conditions for merger,	7705
to the board of elections of each of the counties in which the	7706
school districts proposed for merger are located.	7707

The question shall be submitted to the voters in each school	7708
district in which the majority of the district's commissioners	7709
have agreed to the conditions for merger at the next general	7710
election occurring after the commission is elected. The question	7711
shall not be submitted to the voters in any school district in	7712
which a majority of that district's commissioners have not agreed	7713
to the conditions for merger. The board of elections shall not	7714
submit the conditions for merger to the voters in any district if	7715
the conditions for merger include the merging of any district in	7716
which the majority of that district's commissioners have not	7717
agreed to the conditions for merger.	7718

The boards of elections shall submit the conditions of	7719
proposed merger for the approval or rejection of the electors in	7720
the portions of the school districts proposed to be merged within	7721
their respective counties. Upon the holding of that election, the	7722
boards of elections shall certify the results to the board of	7723
elections of the county in which the petition is required to be	7724
filed.	7725

Regardless of whether the commission succeeds in reaching	7726
agreement, the commission shall cease to exist on the	7727
~~seventy-fifth~~ninetieth day prior to the next general election	7728
after the commission is elected.	7729

(F) If the conditions of merger agreed upon by the merger	7730
commission are disapproved by a majority of those voting on them	7731
in any school district proposed to be merged, the merger shall not	7732
occur, unless the conditions of merger provide for a merger to	7733
occur without the inclusion of that district and the conditions of	7734
merger are otherwise met. No district in which the conditions of	7735
merger are disapproved by a majority of those voting on them shall	7736
be included in any merger resulting from that election. If the	7737
conditions of merger are approved by a majority of those voting on	7738
them in each school district proposed to be merged, or if the	7739
conditions of merger provide for a merger to occur without the	7740
inclusion of one or more districts in which the conditions of	7741
merger are disapproved by a majority of those voting on them, the	7742
merger shall be effective on the date specified in the conditions	7743
of the merger, unless the conditions of merger specify changes	7744
required to be made in state law for the merger to occur, in which	7745
case the merger shall be effective on the date on which those	7746
changes to state law become effective.	7747

Sec. 3311.26. The state board of education may, by	7748
resolution adopted by majority vote of its full membership,	7749
propose the creation of a new local school district from one or	7750
more local school districts or parts thereof, including the	7751
creation of a local district with noncontiguous territory from one	7752
or more local school districts if one of those districts has	7753
entered into an agreement under section 3313.42 of the Revised	7754
Code. Such proposal shall include an accurate map showing the	7755
territory affected. After the adoption of the resolution, the	7756
state board shall file a copy of such proposal with the board of	7757
education of each school district whose boundaries would be	7758
altered by such proposal.	7759

Upon the creation of a new district under this section, the	7760
state board shall at its next regular meeting that occurs not	7761
earlier than thirty days after the adoption by the state board of	7762
the resolution proposing such creation, adopt a resolution making	7763
the creation effective prior to the next succeeding first day of	7764
July, unless, prior to the expiration of such thirty-day period,	7765
qualified electors residing in the area included in such proposed	7766
new district, equal in number to thirty-five per cent of the	7767
qualified electors voting at the last general election, file a	7768
petition of referendum against the creation of the proposed new	7769
district.	7770

A petition of referendum filed under this section shall be	7771
filed at the office of the state superintendent of public	7772
instruction. The person presenting the petition shall be given a	7773
receipt containing thereon the time of day, the date, and the	7774
purpose of the petition.	7775

If a petition of referendum is filed, the state board shall,	7776
at the next regular meeting of the state board, certify the	7777
proposal to the board of elections for the purpose of having the	7778
proposal placed on the ballot at the next general or primary	7779
election which occurs not less than ~~seventy-five~~ninety days after	7780
the date of such certification, or at a special election, the date	7781
of which shall be specified in the certification, which date shall	7782
not be less than ~~seventy-five~~ninety days after the date of such	7783
certification.	7784

Upon certification of a proposal to the board or boards of	7785
elections pursuant to this section, the board or boards of	7786
elections shall make the necessary arrangements for the submission	7787
of such question to the electors of the county or counties	7788
qualified to vote thereon, and the election shall be conducted and	7789
canvassed and the results shall be certified in the same manner as	7790
in regular elections for the election of members of a board of	7791
education.	7792

The persons qualified to vote upon a proposal are the	7793
electors residing in the proposed new districts.	7794

If the proposed district be approved by at least a majority	7795
of the electors voting on the proposal, the state board shall then	7796
create such new district prior to the next succeeding first day of	7797
July.	7798

Upon the creation of such district, the indebtedness of each	7799
former district becoming in its entirety a part of the new	7800
district shall be assumed in full by the new district. Upon the	7801
creation of such district, that part of the net indebtedness of	7802
each former district becoming only in part a part of the new	7803
district shall be assumed by the new district which bears the same	7804
ratio to the entire net indebtedness of the former district as the	7805
assessed valuation of the part taken by the new district bears to	7806
the entire assessed valuation of the former district as fixed on	7807
the effective date of transfer. As used in this section, "net	7808
indebtedness" means the difference between the par value of the	7809
outstanding and unpaid bonds and notes of the school district and	7810
the amount held in the sinking fund and other indebtedness	7811
retirement funds for their redemption. Upon the creation of such	7812
district, the funds of each former district becoming in its	7813
entirety a part of the new district shall be paid over in full to	7814
the new district. Upon the creation of such district, the funds of	7815
each former district becoming only in part a part of the new	7816
district shall be divided equitably by the state board between the	7817
new district and that part of the former district not included in	7818
the new district as such funds existed on the effective date of	7819
the creation of the new district.	7820

The state board shall, following the election, file with the	7821
county auditor of each county affected by the creation of a new	7822
district an accurate map showing the boundaries of such newly	7823
created district.	7824

When a new local school district is so created, a board of	7825
education for such newly created district shall be appointed by	7826
the state board. The members of such appointed board of education	7827
shall hold their office until their successors are elected and	7828
qualified. A board of education shall be elected for such newly	7829
created district at the next general election held in an odd	7830
numbered year occurring more than ~~thirty~~ninety days after the	7831
appointment of the board of education of such newly created	7832
district. At such election two members shall be elected for a term	7833
of two years and three members shall be elected for a term of four	7834
years, and, thereafter, their successors shall be elected in the	7835
same manner and for the same terms as members of the board of	7836
education of a local school district.	7837

When the new district consists of territory lying in two or	7838
more counties, the state board shall determine to which	7839
educational service center the new district shall be assigned.	7840

The legal title of all property of the board of education in	7841
the territory taken shall become vested in the board of education	7842
of the newly created school district.	7843

Foundation program moneys accruing to a district created	7844
under the provisions of this section or previous section 3311.26	7845
of the Revised Code, shall not be less, in any year during the	7846
next succeeding three years following the creation, than the sum	7847
of the amounts received by the districts separately in the year in	7848
which the creation of the district became effective.	7849

If, prior to ~~the effective date of this amendment~~September	7850
26, 2003, a local school district board of education or a group of	7851
individuals requests the governing board of an educational service	7852
center to consider proposing the creation of a new local school	7853
district, the governing board, at any time during the one-year	7854
period following the date that request is made, may adopt a	7855
resolution proposing the creation of a new local school district	7856
in response to that request and in accordance with the first	7857
paragraph of the version of this section in effect prior to ~~the~~	7858
~~effective date of this amendment~~September 26, 2003. If the	7859
governing board so proposes within that one-year period, the	7860
governing board may proceed to create the new local school	7861
district as it proposed, in accordance with the version of this	7862
section in effect prior to ~~the effective date of this amendment~~	7863
September 26, 2003, subject to the provisions of that version	7864
authorizing a petition and referendum on the matter.	7865

Consolidations of school districts which include all of the	7866
schools of a county and which become effective on or after July 1,	7867
1959, shall be governed and included under this section.	7868

Sec. 3311.37. The state board of education may conduct	7869
studies where there is evidence of need for consolidation of	7870
contiguous local, exempted village, or city school districts or	7871
parts of such districts. The possibility of making improvements in	7872
school district organization as well as the desires of the	7873
residents of the affected districts shall be given consideration	7874
in such studies and in any recommendations growing out of such	7875
studies.	7876

After the adoption of recommendations growing out of any such	7877
study, the state board may proceed as follows:	7878

Propose by resolution the creation of a new school district	7879
which may consist of all or a part of the territory of two or more	7880
contiguous local, exempted village, or city school districts, or	7881
any combination of such districts.	7882

The state board shall thereupon file a copy of such proposal	7883
with the board of education of each school district whose	7884
boundaries would be altered by the proposal and with the governing	7885
board of any educational service center in which such school	7886
district is located.	7887

The state board may, not less than thirty days following the	7888
adoption of the resolution proposing the creation of a new school	7889
district certify the proposal to the board of elections of the	7890
county or counties in which any of the territory of the proposed	7891
district is located, for the purpose of having the proposal placed	7892
on the ballot at the next general or primary election occurring	7893
not less than ~~seventy-five~~ninety days after the certification of	7894
such resolution.	7895

If any proposal has been previously initiated pursuant to	7896
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	7897
affects any of the territory affected by the proposal of the state	7898
board, the proposal of the state board shall not be placed on the	7899
ballot while the previously initiated proposal is subject to an	7900
election.	7901

Upon certification of a proposal to the board of elections of	7902
any county pursuant to this section, the board of elections of	7903
such county shall make the necessary arrangements for the	7904
submission of such question to the electors of the county	7905
qualified to vote thereon, and the election shall be counted and	7906
canvassed and the results shall be certified in the same manner as	7907
in regular elections for the election of members of a board of	7908
education.	7909

The electors qualified to vote upon a proposal are the	7910
electors residing in the local, exempted village, or city school	7911
districts, or parts thereof included in the proposed new school	7912
district. If a majority of those voting on the proposal vote in	7913
favor thereof, the state board shall create the proposed school	7914
district prior to the next succeeding July 1.	7915

Upon the creation of such district, the indebtedness of each	7916
former district becoming in its entirety a part of the new	7917
district shall be assumed in full by the new district. Upon the	7918
creation of such district, the net indebtedness of each original	7919
district of which only a part is taken by the new district shall	7920
be apportioned between the new district and the original district	7921
in the ratio which the assessed valuation of the part taken by the	7922
new district bears to the assessed valuation of the original	7923
district as of the effective date of the creation of the new	7924
district. As used in this section "net indebtedness" means the	7925
difference between the par value of the outstanding and unpaid	7926
bonds and notes of the school district and the amount held in the	7927
sinking fund and other indebtedness retirement funds for their	7928
redemption.	7929

Upon the creation of such district, the funds of each former	7930
district becoming in its entirety a part of the new district shall	7931
be paid over in full to the new district. Upon the creation of	7932
such district the funds of each former district of which only a	7933
part is taken by the new district shall be apportioned equitably	7934
by the state board between the new district and that part of the	7935
original district not included in the new district as such funds	7936
existed on the effective date of the creation of the new district.	7937

When the new district consists of territory lying in two or	7938
more counties, the state board shall determine to which	7939
educational service center the new district shall be assigned.	7940

When a new local school district is so created, the state	7941
board shall appoint five electors residing in the district to be	7942
the members of the board of education of such district, and such	7943
members shall hold office until their successors are elected and	7944
qualified. A board of education of such district shall be elected	7945
by the electors of the district at the next general election held	7946
in an odd numbered year which occurs not less than ~~ninety~~one	7947
hundred five days after the appointment of the initial members of	7948
the board. At such election two members shall be elected for a	7949
term of two years and three members shall be elected for a term of	7950
four years, and thereafter their successors shall be elected in	7951
the same manner and for the same terms as members of the board of	7952
education of a local school district.	7953

When a new city school district is created, the state board	7954
shall determine the number of members which will comprise the	7955
board of education of the school district, which number shall not	7956
conflict with the number set forth in section 3313.02 of the	7957
Revised Code. The state board shall then appoint a like number of	7958
persons to be members of the board of education of such district,	7959
and said members shall hold office until their successors are	7960
elected and qualified. A board of education of such district shall	7961
be elected by the electors of the district at the next general	7962
election held in an odd numbered year which occurs not less than	7963
~~ninety~~one hundred five days after the appointment of the initial	7964
members of the board. At such election if the number of members of	7965
the board is even, one-half of the number shall be elected for two	7966
years and one-half for four years. If the number of members of the	7967
board is odd, one-half the number less one-half shall be elected	7968
for two years and the remaining number shall be elected for four	7969
years, and thereafter their successors shall be elected in the	7970
manner provided in section 3313.08 of the Revised Code.	7971

Foundation program moneys accruing to a district created	7972
under this section shall not be less, in any year during the next	7973
succeeding three years following the creation, than the sum of the	7974
amounts received by the districts separately in the year in which	7975
the creation of the district became effective.	7976

Sec. 3311.38. The state board of education may conduct, or	7977
may direct the superintendent of public instruction to conduct,	7978
studies where there is evidence of need for transfer of local,	7979
exempted village, or city school districts, or parts of any such	7980
districts, to contiguous or noncontiguous local, exempted village,	7981
or city school districts. Such studies shall include a study of	7982
the effect of any proposal upon any portion of a school district	7983
remaining after such proposed transfer. The state board, in	7984
conducting such studies and in making recommendations as a result	7985
thereof, shall consider the possibility of improving school	7986
district organization as well as the desires of the residents of	7987
the school districts which would be affected.	7988

(A) After the adoption of recommendations growing out of any	7989
such study, or upon receipt of a resolution adopted by majority	7990
vote of the full membership of the board of any city, local, or	7991
exempted village school district requesting that the entire	7992
district be transferred to another city, local, or exempted	7993
village school district, the state board may propose by resolution	7994
the transfer of territory, which may consist of part or all of the	7995
territory of a local, exempted village, or city school district to	7996
a contiguous local, exempted village, or city school district.	7997

The state board shall thereupon file a copy of such proposal	7998
with the board of education of each school district whose	7999
boundaries would be altered by the proposal and with the governing	8000
board of any educational service center in which such school	8001
district is located.	8002

The state board may, not less than thirty days following the	8003
adoption of the resolution proposing the transfer of territory,	8004
certify the proposal to the board of elections of the county or	8005
counties in which any of the territory of the proposed district is	8006
located, for the purpose of having the proposal placed on the	8007
ballot at the next general election or at a primary election	8008
occurring not less than ~~seventy-five~~ninety days after the	8009
adoption of such resolution.	8010

If any proposal has been previously initiated pursuant to	8011
section 3311.22, 3311.231, or 3311.26 of the Revised Code which	8012
affects any of the territory affected by the proposal of the state	8013
board, the proposal of the state board shall not be placed on the	8014
ballot while the previously initiated proposal is subject to an	8015
election.	8016

Upon certification of a proposal to the board of elections of	8017
any county pursuant to this section, the board of elections of	8018
such county shall make the necessary arrangements for the	8019
submission of such question to the electors of the county	8020
qualified to vote thereon, and the election shall be counted and	8021
canvassed and the results shall be certified in the same manner as	8022
in regular elections for the election of members of a board of	8023
education.	8024

The electors qualified to vote upon a proposal are the	8025
electors residing in the local, exempted village, or city school	8026
districts, containing territory proposed to be transferred.	8027

If the proposed transfer be approved by a majority of the	8028
electors voting on the proposal, the state board, subject to the	8029
approval of the board of education of the district to which the	8030
territory would be transferred, shall make such transfer prior to	8031
the next succeeding July 1.	8032

(B) If a study conducted in accordance with this section	8033
involves a school district with less than four thousand dollars of	8034
assessed value for each pupil in the total student count	8035
determined under section 3317.03 of the Revised Code, the state	8036
board of education, with the approval of the educational service	8037
center governing board, and upon recommendation by the state	8038
superintendent of public instruction, may by resolution transfer	8039
all or any part of such a school district to any city, exempted	8040
village, or local school district which has more than twenty-five	8041
thousand pupils in average daily membership. Such resolution of	8042
transfer shall be adopted only after the board of education of the	8043
receiving school district has adopted a resolution approving the	8044
proposed transfer. For the purposes of this division, the assessed	8045
value shall be as certified in accordance with section 3317.021 of	8046
the Revised Code.	8047

(C) Upon the making of a transfer of an entire school	8048
district pursuant to this section, the indebtedness of the	8049
district transferred shall be assumed in full by the acquiring	8050
district and the funds of the district transferred shall be paid	8051
over in full to the acquiring district, except that any	8052
indebtedness of the transferred district incurred as a result of a	8053
loan made under section 3317.64 of the Revised Code is hereby	8054
canceled and shall not be assumed by the acquiring district.	8055

(D) Upon the making of a transfer pursuant to this section,	8056
when only part of a district is transferred, the net indebtedness	8057
of each original district of which only a part is taken by the	8058
acquiring district shall be apportioned between the acquiring	8059
district and the original district in the ratio which the assessed	8060
valuation of the part taken by the acquiring district bears to the	8061
assessed valuation of the original district as of the effective	8062
date of the transfer. As used in this section "net indebtedness"	8063
means the difference between the par value of the outstanding and	8064
unpaid bonds and notes of the school district and the amount held	8065
in the sinking fund and other indebtedness retirement funds for	8066
their redemption.	8067

(E) Upon the making of a transfer pursuant to this section,	8068
when only part of a district is transferred, the funds of the	8069
district from which territory was transferred shall be divided	8070
equitably by the state board between the acquiring district and	8071
that part of the former district remaining after the transfer.	8072

(F) If an entire school district is transferred, the board of	8073
education of such district is thereby abolished. If part of a	8074
school district is transferred, any member of the board of	8075
education who is a legal resident of that part which is	8076
transferred shall thereby cease to be a member of that board.	8077

If an entire school district is transferred, foundation	8078
program moneys accruing to a district accepting school territory	8079
under the provisions of this section shall not be less, in any	8080
year during the next succeeding three years following the	8081
transfer, than the sum of the amounts received by the districts	8082
separately in the year in which the transfer became effective.	8083

Sec. 3311.50. (A) As used in this section, "county school	8084
financing district" means a taxing district consisting of the	8085
following territory:	8086

(1) The territory that constitutes the educational service	8087
center on the date that the governing board of that educational	8088
service center adopts a resolution under division (B) of this	8089
section declaring that the territory of the educational service	8090
center is a county school financing district, exclusive of any	8091
territory subsequently withdrawn from the district under division	8092
(D) of this section;	8093

(2) Any territory that has been added to the county school	8094
financing district under this section.	8095

A county school financing district may include the territory	8096
of a city, local, or exempted village school district whose	8097
territory also is included in the territory of one or more other	8098
county school financing districts.	8099

(B) The governing board of any educational service center	8100
may, by resolution, declare that the territory of the educational	8101
service center is a county school financing district. The	8102
resolution shall state the purpose for which the county school	8103
financing district is created which may be for any one or more of	8104
the following purposes:	8105

(1) To levy taxes for the provision of special education by	8106
the school districts that are a part of the district, including	8107
taxes for permanent improvements for special education;	8108

(2) To levy taxes for the provision of specified educational	8109
programs and services by the school districts that are a part of	8110
the district, as identified in the resolution creating the	8111
district, including the levying of taxes for permanent	8112
improvements for those programs and services;	8113

(3) To levy taxes for permanent improvements of school	8114
districts that are a part of the district.	8115

The governing board of the educational service center that	8116
creates a county school financing district shall serve as the	8117
taxing authority of the district and may use educational service	8118
center governing board employees to perform any of the functions	8119
necessary in the performance of its duties as a taxing authority.	8120
A county school financing district shall not employ any personnel.	8121

With the approval of a majority of the members of the board	8122
of education of each school district within the territory of the	8123
county school financing district, the taxing authority of the	8124
financing district may amend the resolution creating the district	8125
to broaden or narrow the purposes for which it was created.	8126

A governing board of an educational service center may create	8127
more than one county school financing district. If a governing	8128
board of an educational service center creates more than one such	8129
district, it shall clearly distinguish among the districts it	8130
creates by including a designation of each district's purpose in	8131
the district's name.	8132

(C) A majority of the members of a board of education of a	8133
city, local, or exempted village school district may adopt a	8134
resolution requesting that its territory be joined with the	8135
territory of any county school financing district. Copies of the	8136
resolution shall be filed with the state board of education and	8137
the taxing authority of the county school financing district.	8138
Within sixty days of its receipt of such a resolution, the county	8139
school financing district's taxing authority shall vote on the	8140
question of whether to accept the school district's territory as	8141
part of the county school financing district. If a majority of the	8142
members of the taxing authority vote to accept the territory, the	8143
school district's territory shall thereupon become a part of the	8144
county school financing district unless the county school	8145
financing district has in effect a tax imposed under section	8146
5705.211 of the Revised Code. If the county school financing	8147
district has such a tax in effect, the taxing authority shall	8148
certify a copy of its resolution accepting the school district's	8149
territory to the school district's board of education, which may	8150
then adopt a resolution, with the affirmative vote of a majority	8151
of its members, proposing the submission to the electors of the	8152
question of whether the district's territory shall become a part	8153
of the county school financing district and subject to the taxes	8154
imposed by the financing district. The resolution shall set forth	8155
the date on which the question shall be submitted to the electors,	8156
which shall be at a special election held on a date specified in	8157
the resolution, which shall not be earlier than ~~seventy-five~~	8158
ninety days after the adoption and certification of the	8159
resolution. A copy of the resolution shall immediately be	8160
certified to the board of elections of the proper county, which	8161
shall make arrangements for the submission of the proposal to the	8162
electors of the school district. The board of the joining district	8163
shall publish notice of the election in one or more newspapers of	8164
general circulation in the county once a week for two consecutive	8165
weeks prior to the election. Additionally, if the board of	8166
elections operates and maintains a web site, the board of	8167
elections shall post notice of the election on its web site for	8168
thirty days prior to the election. The question appearing on the	8169
ballot shall read:	8170

"Shall the territory within .......... (name of the school	8171
district proposing to join the county school financing district)	8172
.......... be added to .......... (name) .......... county school	8173
financing district, and a property tax for the purposes of	8174
......... (here insert purposes) .......... at a rate of taxation	8175
not exceeding .......... (here insert the outstanding tax rate)	8176
........... be in effect for .......... (here insert the number of	8177
years the tax is to be in effect or "a continuing period of time,"	8178
as applicable) ..........?"	8179

If the proposal is approved by a majority of the electors	8180
voting on it, the joinder shall take effect on the first day of	8181
July following the date of the election, and the county board of	8182
elections shall notify the county auditor of each county in which	8183
the school district joining its territory to the county school	8184
financing district is located.	8185

(D) The board of any city, local, or exempted village school	8186
district whose territory is part of a county school financing	8187
district may withdraw its territory from the county school	8188
financing district thirty days after submitting to the governing	8189
board that is the taxing authority of the district and the state	8190
board a resolution proclaiming such withdrawal, adopted by a	8191
majority vote of its members, but any county school financing	8192
district tax levied in such territory on the effective date of the	8193
withdrawal shall remain in effect in such territory until such tax	8194
expires or is renewed. No board may adopt a resolution withdrawing	8195
from a county school financing district that would take effect	8196
during the forty-five days preceding the date of an election at	8197
which a levy proposed under section 5705.215 of the Revised Code	8198
is to be voted upon.	8199

(E) A city, local, or exempted village school district does	8200
not lose its separate identity or legal existence by reason of	8201
joining its territory to a county school financing district under	8202
this section and an educational service center does not lose its	8203
separate identity or legal existence by reason of creating a	8204
county school financing district that accepts or loses territory	8205
under this section.	8206

Sec. 3311.73. (A) No later than ~~seventy-five~~ninety days	8207
before the general election held in the first even-numbered year	8208
occurring at least four years after the date it assumed control of	8209
the municipal school district pursuant to division (B) of section	8210
3311.71 of the Revised Code, the board of education appointed	8211
under that division shall notify the board of elections of each	8212
county containing territory of the municipal school district of	8213
the referendum election required by division (B) of this section.	8214

(B) At the general election held in the first even-numbered	8215
year occurring at least four years after the date the new board	8216
assumed control of a municipal school district pursuant to	8217
division (B) of section 3311.71 of the Revised Code, the following	8218
question shall be submitted to the electors residing in the school	8219
district:	8220

"Shall the mayor of ..... (here insert the name of the	8221
applicable municipal corporation) continue to appoint the members	8222
of the board of education of the ..... (here insert the name of	8223
the municipal school district)?"	8224

The board of elections of the county in which the majority of	8225
the school district's territory is located shall make all	8226
necessary arrangements for the submission of the question to the	8227
electors, and the election shall be conducted, canvassed, and	8228
certified in the same manner as regular elections in the district	8229
for the election of county officers, provided that in any such	8230
election in which only part of the electors of a precinct are	8231
qualified to vote, the board of elections may assign voters in	8232
such part to an adjoining precinct. Such an assignment may be made	8233
to an adjoining precinct in another county with the consent and	8234
approval of the board of elections of such other county. Notice of	8235
the election shall be published in a newspaper of general	8236
circulation in the school district once a week for two consecutive	8237
weeks prior to the election, and, if the board of elections	8238
operates and maintains a web site, the board of elections shall	8239
post notice of the election on its web site for thirty days prior	8240
to the election. The notice shall state the question on which the	8241
election is being held. The ballot shall be in the form prescribed	8242
by the secretary of state. Costs of submitting the question to the	8243
electors shall be charged to the municipal school district in	8244
accordance with section 3501.17 of the Revised Code.	8245

(C) If a majority of electors voting on the issue proposed in	8246
division (B) of this section approve the question, the mayor shall	8247
appoint a new board on the immediately following first day of July	8248
pursuant to division (F) of section 3311.71 of the Revised Code.	8249

(D) If a majority of electors voting on the issue proposed in	8250
division (B) of this section disapprove the question, a new	8251
seven-member board of education shall be elected at the next	8252
regular election occurring in November of an odd-numbered year. At	8253
such election, four members shall be elected for terms of four	8254
years and three members shall be elected for terms of two years.	8255
Thereafter, their successors shall be elected in the same manner	8256
and for the same terms as members of boards of education of a city	8257
school district. All members of the board of education of a	8258
municipal school district appointed pursuant to division (B) of	8259
section 3311.71 of the Revised Code shall continue to serve after	8260
the end of the terms to which they were appointed until their	8261
successors are qualified and assume office in accordance with	8262
section 3313.09 of the Revised Code.	8263

Sec. 3316.08. During a school district's fiscal emergency	8264
period, the auditor of state shall determine annually, or at any	8265
other time upon request of the financial planning and supervision	8266
commission, whether the school district will incur an operating	8267
deficit. If the auditor of state determines that a school district	8268
will incur an operating deficit, the auditor of state shall	8269
certify that determination to the superintendent of public	8270
instruction, the financial planning and supervision commission,	8271
and the board of education of the school district. Upon receiving	8272
the auditor of state's certification, the commission shall adopt a	8273
resolution requesting that the board of education work with the	8274
county auditor or tax commissioner to estimate the amount and rate	8275
of a tax levy that is needed under section 5705.194, 5709.199, or	8276
5705.21 or Chapter 5748. of the Revised Code to produce a positive	8277
fund balance not later than the fifth year of the five-year	8278
forecast submitted under section 5705.391 of the Revised Code.	8279

The board of education shall recommend to the commission	8280
whether the board supports or opposes a tax levy under section	8281
5705.194, 5709.199, or 5705.21 or Chapter 5748. of the Revised	8282
Code and shall provide supporting documentation to the commission	8283
of its recommendation.	8284

After considering the board of education's recommendation and	8285
supporting documentation, the commission shall adopt a resolution	8286
to either submit a ballot question proposing a tax levy or not to	8287
submit such a question.	8288

Except as otherwise provided in this division, the tax shall	8289
be levied in the manner prescribed for a tax levied under section	8290
5705.194, 5709.199, or 5705.21 or under Chapter 5748. of the	8291
Revised Code. If the commission decides that a tax should be	8292
levied, the tax shall be levied for the purpose of paying current	8293
operating expenses of the school district. The rate of a tax	8294
levied under section 5705.194, 5709.199, or 5705.21 of the Revised	8295
Code shall be determined by the county auditor, and the rate of a	8296
tax levied under section 5748.02 or 5748.08 of the Revised Code	8297
shall be determined by the tax commissioner, upon the request of	8298
the commission. The commission, in consultation with the board of	8299
education, shall determine the election at which the question of	8300
the tax shall appear on the ballot, and the commission shall	8301
submit a copy of its resolution to the board of elections not	8302
later than ~~seventy-five~~ninety days prior to the day of that	8303
election. The board of elections conducting the election shall	8304
certify the results of the election to the board of education and	8305
to the financial planning and supervision commission.	8306

Sec. 3318.06. (A) After receipt of the conditional approval	8307
of the Ohio school facilities commission, the school district	8308
board by a majority of all of its members shall, if it desires to	8309
proceed with the project, declare all of the following by	8310
resolution:	8311

(1) That by issuing bonds in an amount equal to the school	8312
district's portion of the basic project cost the district is	8313
unable to provide adequate classroom facilities without assistance	8314
from the state;	8315

(2) Unless the school district board has resolved to transfer	8316
money in accordance with section 3318.051 of the Revised Code or	8317
to apply the proceeds of a property tax or the proceeds of an	8318
income tax, or a combination of proceeds from such taxes, as	8319
authorized under section 3318.052 of the Revised Code, that to	8320
qualify for such state assistance it is necessary to do either of	8321
the following:	8322

(a) Levy a tax outside the ten-mill limitation the proceeds	8323
of which shall be used to pay the cost of maintaining the	8324
classroom facilities included in the project;	8325

(b) Earmark for maintenance of classroom facilities from the	8326
proceeds of an existing permanent improvement tax levied under	8327
section 5705.21 of the Revised Code, if such tax can be used for	8328
maintenance, an amount equivalent to the amount of the additional	8329
tax otherwise required under this section and sections 3318.05 and	8330
3318.08 of the Revised Code.	8331

(3) That the question of any tax levy specified in a	8332
resolution described in division (A)(2)(a) of this section, if	8333
required, shall be submitted to the electors of the school	8334
district at the next general or primary election, if there be a	8335
general or primary election not less than ~~seventy-five~~ninety and	8336
not more than ~~ninety-five~~one hundred ten days after the day of	8337
the adoption of such resolution or, if not, at a special election	8338
to be held at a time specified in the resolution which shall be	8339
not less than ~~seventy-five~~ninety days after the day of the	8340
adoption of the resolution and which shall be in accordance with	8341
the requirements of section 3501.01 of the Revised Code.	8342

Such resolution shall also state that the question of issuing	8343
bonds of the board shall be combined in a single proposal with the	8344
question of such tax levy. More than one election under this	8345
section may be held in any one calendar year. Such resolution	8346
shall specify both of the following:	8347

(a) That the rate which it is necessary to levy shall be at	8348
the rate of not less than one-half mill for each one dollar of	8349
valuation, and that such tax shall be levied for a period of	8350
twenty-three years;	8351

(b) That the proceeds of the tax shall be used to pay the	8352
cost of maintaining the classroom facilities included in the	8353
project.	8354

(B) A copy of a resolution adopted under division (A) of this	8355
section shall after its passage and not less than ~~seventy-five~~	8356
ninety days prior to the date set therein for the election be	8357
certified to the county board of elections.	8358

The resolution of the school district board, in addition to	8359
meeting other applicable requirements of section 133.18 of the	8360
Revised Code, shall state that the amount of bonds to be issued	8361
will be an amount equal to the school district's portion of the	8362
basic project cost, and state the maximum maturity of the bonds	8363
which may be any number of years not exceeding the term calculated	8364
under section 133.20 of the Revised Code as determined by the	8365
board. In estimating the amount of bonds to be issued, the board	8366
shall take into consideration the amount of moneys then in the	8367
bond retirement fund and the amount of moneys to be collected for	8368
and disbursed from the bond retirement fund during the remainder	8369
of the year in which the resolution of necessity is adopted.	8370

If the bonds are to be issued in more than one series, the	8371
resolution may state, in addition to the information required to	8372
be stated under division (B)(3) of section 133.18 of the Revised	8373
Code, the number of series, which shall not exceed five, the	8374
principal amount of each series, and the approximate date each	8375
series will be issued, and may provide that no series, or any	8376
portion thereof, may be issued before such date. Upon such a	8377
resolution being certified to the county auditor as required by	8378
division (C) of section 133.18 of the Revised Code, the county	8379
auditor, in calculating, advising, and confirming the estimated	8380
average annual property tax levy under that division, shall also	8381
calculate, advise, and confirm by certification the estimated	8382
average property tax levy for each series of bonds to be issued.	8383

Notice of the election shall include the fact that the tax	8384
levy shall be at the rate of not less than one-half mill for each	8385
one dollar of valuation for a period of twenty-three years, and	8386
that the proceeds of the tax shall be used to pay the cost of	8387
maintaining the classroom facilities included in the project.	8388

If the bonds are to be issued in more than one series, the	8389
board of education, when filing copies of the resolution with the	8390
board of elections as required by division (D) of section 133.18	8391
of the Revised Code, may direct the board of elections to include	8392
in the notice of election the principal amount and approximate	8393
date of each series, the maximum number of years over which the	8394
principal of each series may be paid, the estimated additional	8395
average property tax levy for each series, and the first calendar	8396
year in which the tax is expected to be due for each series, in	8397
addition to the information required to be stated in the notice	8398
under divisions (E)(3)(a) to (e) of section 133.18 of the Revised	8399
Code.	8400

(C)(1) Except as otherwise provided in division (C)(2) of	8401
this section, the form of the ballot to be used at such election	8402
shall be:	8403

"A majority affirmative vote is necessary for passage.

8404

Shall bonds be issued by the ............ (here insert name	8405
of school district) school district to pay the local share of	8406
school construction under the State of Ohio Classroom Facilities	8407
Assistance Program in the principal amount of ............ (here	8408
insert principal amount of the bond issue), to be repaid annually	8409
over a maximum period of ............ (here insert the maximum	8410
number of years over which the principal of the bonds may be paid)	8411
years, and an annual levy of property taxes be made outside the	8412
ten-mill limitation, estimated by the county auditor to average	8413
over the repayment period of the bond issue ............ (here	8414
insert the number of mills estimated) mills for each one dollar of	8415
tax valuation, which amounts to ............ (rate expressed in	8416
cents or dollars and cents, such as "thirty-six cents" or "$0.36")	8417
for each one hundred dollars of tax valuation to pay the annual	8418
debt charges on the bonds and to pay debt charges on any notes	8419
issued in anticipation of the bonds?"	8420

and, unless the additional levy	8421

of taxes is not required pursuant	8422

to division (C) of section	8423

3318.05 of the Revised Code,	8424

"Shall an additional levy of taxes be made for a period of	8425
twenty-three years to benefit the ............ (here insert name	8426
of school district) school district, the proceeds of which shall	8427
be used to pay the cost of maintaining the classroom facilities	8428
included in the project at the rate of .......... (here insert the	8429
number of mills, which shall not be less than one-half mill) mills	8430
for each one dollar of valuation?	8431

8432

		FOR THE BOND ISSUE AND TAX LEVY			8433
		AGAINST THE BOND ISSUE AND TAX LEVY	"		8434

8435

(2) If authority is sought to issue bonds in more than one	8436
series and the board of education so elects, the form of the	8437
ballot shall be as prescribed in section 3318.062 of the Revised	8438
Code. If the board of education elects the form of the ballot	8439
prescribed in that section, it shall so state in the resolution	8440
adopted under this section.	8441

(D) If it is necessary for the school district to acquire a	8442
site for the classroom facilities to be acquired pursuant to	8443
sections 3318.01 to 3318.20 of the Revised Code, the district	8444
board may propose either to issue bonds of the board or to levy a	8445
tax to pay for the acquisition of such site, and may combine the	8446
question of doing so with the questions specified in division (B)	8447
of this section. Bonds issued under this division for the purpose	8448
of acquiring a site are a general obligation of the school	8449
district and are Chapter 133. securities.	8450

The form of that portion of the ballot to include the	8451
question of either issuing bonds or levying a tax for site	8452
acquisition purposes shall be one of the following:	8453

(1) "Shall bonds be issued by the ............ (here insert	8454
name of the school district) school district to pay costs of	8455
acquiring a site for classroom facilities under the State of Ohio	8456
Classroom Facilities Assistance Program in the principal amount of	8457
.......... (here insert principal amount of the bond issue), to be	8458
repaid annually over a maximum period of .......... (here insert	8459
maximum number of years over which the principal of the bonds may	8460
be paid) years, and an annual levy of property taxes be made	8461
outside the ten-mill limitation, estimated by the county auditor	8462
to average over the repayment period of the bond issue ..........	8463
(here insert number of mills) mills for each one dollar of tax	8464
valuation, which amount to .......... (here insert rate expressed	8465
in cents or dollars and cents, such as "thirty-six cents" or	8466
"$0.36") for each one hundred dollars of valuation to pay the	8467
annual debt charges on the bonds and to pay debt charges on any	8468
notes issued in anticipation of the bonds?"	8469

(2) "Shall an additional levy of taxes outside the ten-mill	8470
limitation be made for the benefit of the .......... (here insert	8471
name of the school district) school district for the purpose of	8472
acquiring a site for classroom facilities in the sum of .........	8473
(here insert annual amount the levy is to produce) estimated by	8474
the county auditor to average ........ (here insert number of	8475
mills) mills for each one hundred dollars of valuation, for a	8476
period of ......... (here insert number of years the millage is to	8477
be imposed) years?"	8478

Where it is necessary to combine the question of issuing	8479
bonds of the school district and levying a tax as described in	8480
division (B) of this section with the question of issuing bonds of	8481
the school district for acquisition of a site, the question	8482
specified in that division to be voted on shall be "For the Bond	8483
Issues and the Tax Levy" and "Against the Bond Issues and the Tax	8484
Levy."	8485

Where it is necessary to combine the question of issuing	8486
bonds of the school district and levying a tax as described in	8487
division (B) of this section with the question of levying a tax	8488
for the acquisition of a site, the question specified in that	8489
division to be voted on shall be "For the Bond Issue and the Tax	8490
Levies" and "Against the Bond Issue and the Tax Levies."	8491

Where the school district board chooses to combine the	8492
question in division (B) of this section with any of the	8493
additional questions described in divisions (A) to (D) of section	8494
3318.056 of the Revised Code, the question specified in division	8495
(B) of this section to be voted on shall be "For the Bond Issues	8496
and the Tax Levies" and "Against the Bond Issues and the Tax	8497
Levies."	8498

If a majority of those voting upon a proposition hereunder	8499
which includes the question of issuing bonds vote in favor	8500
thereof, and if the agreement provided for by section 3318.08 of	8501
the Revised Code has been entered into, the school district board	8502
may proceed under Chapter 133. of the Revised Code, with the	8503
issuance of bonds or bond anticipation notes in accordance with	8504
the terms of the agreement.	8505

Sec. 3318.061. This section applies only to school districts	8506
eligible to receive additional assistance under division (B)(2) of	8507
section 3318.04 of the Revised Code.	8508

The board of education of a school district in which a tax	8509
described by division (B) of section 3318.05 and levied under	8510
section 3318.06 of the Revised Code is in effect, may adopt a	8511
resolution by vote of a majority of its members to extend the term	8512
of that tax beyond the expiration of that tax as originally	8513
approved under that section. The school district board may include	8514
in the resolution a proposal to extend the term of that tax at the	8515
rate of not less than one-half mill for each dollar of valuation	8516
for a period of twenty-three years from the year in which the	8517
school district board and the Ohio school facilities commission	8518
enter into an agreement under division (B)(2) of section 3318.04	8519
of the Revised Code or in the following year, as specified in the	8520
resolution. Such a resolution may be adopted at any time before	8521
such an agreement is entered into and before the tax levied	8522
pursuant to section 3318.06 of the Revised Code expires. If the	8523
resolution is combined with a resolution to issue bonds to pay the	8524
school district's portion of the basic project cost, it shall	8525
conform with the requirements of divisions (A)(1), (2), and (3) of	8526
section 3318.06 of the Revised Code, except that the resolution	8527
also shall state that the tax levy proposed in the resolution is	8528
an extension of an existing tax levied under that section. A	8529
resolution proposing an extension adopted under this section does	8530
not take effect until it is approved by a majority of electors	8531
voting in favor of the resolution at a general, primary, or	8532
special election as provided in this section.	8533

A tax levy extended under this section is subject to the same	8534
terms and limitations to which the original tax levied under	8535
section 3318.06 of the Revised Code is subject under that section,	8536
except the term of the extension shall be as specified in this	8537
section.	8538

The school district board shall certify a copy of the	8539
resolution adopted under this section to the proper county board	8540
of elections not later than ~~seventy-five~~ninety days before the	8541
date set in the resolution as the date of the election at which	8542
the question will be submitted to electors. The notice of the	8543
election shall conform with the requirements of division (A)(3) of	8544
section 3318.06 of the Revised Code, except that the notice also	8545
shall state that the maintenance tax levy is an extension of an	8546
existing tax levy.	8547

The form of the ballot shall be as follows:

8548

"Shall the existing tax levied to pay the cost of maintaining	8549
classroom facilities constructed with the proceeds of the	8550
previously issued bonds at the rate of .......... (here insert the	8551
number of mills, which shall not be less than one-half mill) mills	8552
per dollar of tax valuation, be extended until ........ (here	8553
insert the year that is twenty-three years after the year in which	8554
the district and commission will enter into an agreement under	8555
division (B)(2) of section 3318.04 of the Revised Code or the	8556
following year)?	8557

8558

		FOR EXTENDING THE EXISTING TAX LEVY			8559
		AGAINST EXTENDING THE EXISTING TAX LEVY	"		8560

8561

Section 3318.07 of the Revised Code applies to ballot	8562
questions under this section.	8563

Sec. 3318.361. A school district board opting to qualify for	8564
state assistance pursuant to section 3318.36 of the Revised Code	8565
through levying the tax specified in division (D)(2)(a) or (D)(4)	8566
of that section shall declare by resolution that the question of a	8567
tax levy specified in division (D)(2)(a) or (4), as applicable, of	8568
section 3318.36 of the Revised Code shall be submitted to the	8569
electors of the school district at the next general or primary	8570
election, if there be a general or primary election not less than	8571
~~seventy-five~~ninety and not more than ~~ninety-five~~one hundred ten	8572
days after the day of the adoption of such resolution or, if not,	8573
at a special election to be held at a time specified in the	8574
resolution which shall be not less than ~~seventy-five~~ninety days	8575
after the day of the adoption of the resolution and which shall be	8576
in accordance with the requirements of section 3501.01 of the	8577
Revised Code. Such resolution shall specify both of the following:	8578

(A) That the rate which it is necessary to levy shall be at	8579
the rate of not less than one-half mill for each one dollar of	8580
valuation, and that such tax shall be levied for a period of	8581
twenty-three years;	8582

(B) That the proceeds of the tax shall be used to pay the	8583
cost of maintaining the classroom facilities included in the	8584
project.	8585

A copy of such resolution shall after its passage and not	8586
less than ~~seventy-five~~ninety days prior to the date set therein	8587
for the election be certified to the county board of elections.	8588

Notice of the election shall include the fact that the tax	8589
levy shall be at the rate of not less than one-half mill for each	8590
one dollar of valuation for a period of twenty-three years, and	8591
that the proceeds of the tax shall be used to pay the cost of	8592
maintaining the classroom facilities included in the project.	8593

The form of the ballot to be used at such election shall be:

8594

"Shall a levy of taxes be made for a period of twenty-three	8595
years to benefit the ............ (here insert name of school	8596
district) school district, the proceeds of which shall be used to	8597
pay the cost of maintaining the classroom facilities included in	8598
the project at the rate of .......... (here insert the number of	8599
mills, which shall not be less than one-half mill) mills for each	8600
one dollar of valuation?	8601

8602

		FOR THE TAX LEVY			8603
		AGAINST THE TAX LEVY	"		8604

8605

Sec. 3354.12. (A) Upon the request by resolution approved by	8606
the board of trustees of a community college district, and upon	8607
certification to the board of elections not less than ~~seventy-five~~	8608
ninety days prior to the election, the boards of elections of the	8609
county or counties comprising such district shall place upon the	8610
ballot in their respective counties the question of levying a tax	8611
on all the taxable property in the community college district	8612
outside the ten-mill limitation, for a specified period of years	8613
or for a continuing period of time, to provide funds for any one	8614
or more of the following purposes: the acquisition of sites, the	8615
erection, furnishing, and equipment of buildings, the acquisition,	8616
construction, or improvement of any property which the board of	8617
trustees of a community college district is authorized to acquire,	8618
construct, or improve and which has an estimated life of	8619
usefulness of five years or more as certified by the fiscal	8620
officer, and the payment of operating costs. Not more than two	8621
special elections shall be held in any one calendar year. Levies	8622
for a continuing period of time adopted under this section may be	8623
reduced in accordance with section 5705.261 of the Revised Code.	8624

If such proposal is to be or include the renewal of an	8625
existing levy at the expiration thereof, the ballot for such	8626
election shall state whether it is a renewal of a tax; a renewal	8627
of a stated number of mills and an increase of a stated number of	8628
mills, or a renewal of a part of an existing levy with a reduction	8629
of a stated number of mills; the year of the tax duplicate on	8630
which such renewal will first be made; and if earlier, the year of	8631
the tax duplicate on which such additional levy will first be	8632
made, which may include the tax duplicate for the current year	8633
unless the election is to be held after the first Tuesday after	8634
the first Monday in November of the current tax year. The ballot	8635
shall also state the period of years for such levy or that it is	8636
for a continuing period of time. If a levy for a continuing period	8637
of time provides for but is not limited to current expenses, the	8638
resolution of the board of trustees providing for the election on	8639
such levy shall apportion the annual rate of the levy between	8640
current expenses and the other purpose or purposes. Such	8641
apportionment need not be the same for each year of the levy, but	8642
the respective portions of the rate actually levied each year for	8643
current expenses and the other purpose or purposes shall be	8644
limited by such apportionment. The portion of the rate apportioned	8645
to the other purpose or purposes shall be reduced as provided in	8646
division (B) of this section.	8647

If a majority of the electors in such district voting on such	8648
question approve thereof, the county auditor or auditors of the	8649
county or counties comprising such district shall annually, for	8650
the applicable years, place such levy on the tax duplicate in such	8651
district, in an amount determined by the board of trustees, but	8652
not to exceed the amount set forth in the proposition approved by	8653
the electors.	8654

The boards of trustees of a community college district shall	8655
establish a special fund for all revenue derived from any tax	8656
levied pursuant to this section.	8657

The boards of elections of the county or counties comprising	8658
the district shall cause to be published in a newspaper of general	8659
circulation in each such county an advertisement of the proposed	8660
tax levy question once a week for two consecutive weeks prior to	8661
the election at which the question is to appear on the ballot,	8662
and, if a board of elections operates and maintains a web site,	8663
that board also shall post a similar advertisement on its web site	8664
for thirty days prior to that election.	8665

After the approval of such levy by vote, the board of	8666
trustees of a community college district may anticipate a fraction	8667
of the proceeds of such levy and from time to time issue	8668
anticipation notes having such maturity or maturities that the	8669
aggregate principal amount of all such notes maturing in any	8670
calendar year shall not exceed seventy-five per cent of the	8671
anticipated proceeds from such levy for such year, and that no	8672
note shall mature later than the thirty-first day of December of	8673
the tenth calendar year following the calendar year in which such	8674
note is issued. Each issue of notes shall be sold as provided in	8675
Chapter 133. of the Revised Code.	8676

The amount of bonds or anticipatory notes authorized pursuant	8677
to Chapter 3354. of the Revised Code, may include sums to repay	8678
moneys previously borrowed, advanced, or granted and expended for	8679
the purposes of such bond or anticipatory note issues, whether	8680
such moneys were advanced from the available funds of the	8681
community college district or by other persons, and the community	8682
college district may restore and repay to such funds or persons	8683
from the proceeds of such issues the moneys so borrowed, advanced	8684
or granted.	8685

All operating costs of such community college may be paid out	8686
of any gift or grant from the state, pursuant to division (K) of	8687
section 3354.09 of the Revised Code; out of student fees and	8688
tuition collected pursuant to division (G) of section 3354.09 of	8689
the Revised Code; or out of unencumbered funds from any other	8690
source of the community college income not prohibited by law.	8691

(B) Prior to the application of section 319.301 of the	8692
Revised Code, the rate of a levy that is limited to, or to the	8693
extent that it is apportioned to, purposes other than current	8694
expenses shall be reduced in the same proportion in which the	8695
district's total valuation increases during the life of the levy	8696
because of additions to such valuation that have resulted from	8697
improvements added to the tax list and duplicate.	8698

Sec. 3355.02. (A) The legislative authority of any municipal	8699
corporation having a population of not less than fifty thousand as	8700
determined by the most recent federal decennial census may, by	8701
resolution approved by two-thirds of its members, create a	8702
university branch district, if a branch of a public university has	8703
been in operation in that municipality for at least the full two	8704
years immediately preceding that time.	8705

(B) The board of county commissioners of any county having a	8706
population of not less than fifty thousand as determined by the	8707
most recent federal decennial census may, by resolution approved	8708
by two-thirds of its members, create a university branch district	8709
if a branch of a public university has been in operation in that	8710
county for at least the full two years immediately preceding that	8711
time.	8712

(C) The boards of county commissioners of any two or more	8713
contiguous counties which together have a combined population of	8714
not less than fifty thousand, as determined by the most recent	8715
federal decennial census may, by resolution approved by two-thirds	8716
of the members of each such board, together and jointly create a	8717
university branch district, if a branch of a public university has	8718
been in operation in any one of the counties for at least the full	8719
two years immediately preceding that time.	8720

(D) A resolution creating a university branch district shall	8721
set forth the name of such district, and a description of the	8722
territory to be included in the proposed district. The creation of	8723
an authority of this nature by a municipality, county, or group of	8724
counties shall cause this authority to create university branch	8725
districts, to be unavailable to the other units of local	8726
government in the affected county or counties.	8727

(E) In any municipal corporation or county or group of two or	8728
more contiguous counties, having a total population of not less	8729
than fifty thousand as determined by the most recent federal	8730
decennial census, where no university branch district has been	8731
created either by action of the legislative authority of the	8732
municipal corporation or by action of the board or boards of	8733
county commissioners, the electors in such municipal corporation	8734
or county or counties may petition for the creation of a	8735
university branch district. Such petition shall be presented to	8736
the board of elections of the county or of the most populous	8737
county in the proposed university branch district and shall be	8738
signed by qualified voters of the territory within the proposed	8739
university branch district, not less in number than five per cent	8740
of the vote cast in the most recent gubernatorial election. A	8741
petition calling for the creation of a university branch district	8742
shall set forth the proposed name of such district, the necessity	8743
for the district, and a description of the territory to be	8744
included in the proposed district.	8745

In a petition submitted by qualified voters, pursuant to this	8746
section, which proposes the creation of a university branch	8747
district comprised of two or more counties, the number of valid	8748
signatures from each county shall be not less in number than five	8749
per cent of the vote cast in the most recent gubernatorial	8750
election.	8751

Upon receiving a petition calling for creation of a	8752
university branch district, pursuant to this section, the board of	8753
elections of the county of the most populous county in such	8754
district shall certify the validity of the signatures and the fact	8755
of such petition to the election boards of the other counties, if	8756
any, to be included in such district, and shall certify to such	8757
other boards that, pursuant to this section, the proposal to	8758
create such district shall be placed on the ballot at the next	8759
primary or general election occurring more than ~~seventy-five~~	8760
ninety days after the filing of such petition. If a majority of	8761
the electors voting on the proposition in each county of the	8762
proposed district vote in favor thereof, such district shall be	8763
established.	8764

No county shall be included in the territory of more than one	8765
university branch district.	8766

Sec. 3355.09. Upon receipt of a request from the university	8767
branch district managing authority, the boards of elections of the	8768
county or counties comprising such district shall place upon the	8769
ballot in the district at the next primary or general election	8770
occurring not less than ~~seventy-five~~ninety days after submission	8771
of such request by such managing authority, the question of	8772
levying a tax outside the ten-mill limitation, for a specified	8773
period of years, to provide funds for any of the following	8774
purposes:	8775

(A) Purchasing a site or enlargement thereof;

8776

(B) The erection and equipment of buildings;

8777

8778

(D) The acquisition, construction, or improvement of any	8779
property which the university branch district managing authority	8780
is authorized to acquire, construct, or improve and which has been	8781
certified by the fiscal officer to have an estimated useful life	8782
of five or more years.	8783

If a majority of the electors in such district voting on such	8784
question approve, the county auditor of the county or counties	8785
comprising such district shall annually place such levy on the tax	8786
duplicate in such district, in the amount set forth in the	8787
proposition approved by the electors.	8788

The managing authority of the university branch district	8789
shall establish a special fund pursuant to section 3355.07 of the	8790
Revised Code for all revenue derived from any tax levied pursuant	8791
to provisions of this section.	8792

The boards of election of the county or counties comprising	8793
the district shall cause to be published in a newspaper of general	8794
circulation in each such county an advertisement of the proposed	8795
tax levy question once a week for two consecutive weeks prior to	8796
the election at which the question is to appear on the ballot,	8797
and, if a board of elections operates and maintains a web site,	8798
that board also shall post a similar advertisement on its web site	8799
for thirty days prior to the election.	8800

After the approval of such levy by vote, the managing	8801
authority of the university branch district may anticipate a	8802
fraction of the proceeds of such levy and from time to time,	8803
during the life of such levy, issue anticipation notes in an	8804
amount not to exceed seventy-five per cent of the estimated	8805
proceeds of such levy to be collected in each year over a period	8806
of five years after the date of the issuance of such notes, less	8807
an amount equal to the proceeds of such levy previously obligated	8808
for such year by the issuance of anticipation notes, provided,	8809
that the total amount maturing in any one year shall not exceed	8810
seventy-five per cent of the anticipated proceeds of such levy for	8811
that year.	8812

Each issue of notes shall be sold as provided in Chapter 133.	8813
of the Revised Code and shall mature serially in substantially	8814
equal amounts, during each remaining year of the levy, not to	8815
exceed five, after their issuance.	8816

Sec. 3357.02. A technical college district may be created	8817
with the approval of the Ohio board of regents pursuant to	8818
standards established by it. Such standards shall take into	8819
consideration such factors as the population of the proposed	8820
district, the present and potential pupil enrollment, present and	8821
potential higher education facilities in the district, and such	8822
other factors as may pertain to the educational needs of the	8823
district. The Ohio board of regents may undertake a study or	8824
contract for a study to be made relative to its establishment or	8825
application of such standards.	8826

The attorney general shall be the attorney for each technical	8827
college district and shall provide legal advice in all matters	8828
relating to its powers and duties.	8829

A proposal to create a technical college district may be	8830
presented to the Ohio board of regents in any of the following	8831
ways:	8832

(A) The board of education of a city school district may by	8833
resolution approved by a majority of its members propose the	8834
creation of a technical college district consisting of the whole	8835
territory of such district.	8836

(B) The boards of two or more contiguous city, exempted	8837
village, or local school districts or educational service centers	8838
may by resolutions approved by a majority of the members of each	8839
participating board propose the creation of a technical college	8840
district consisting of the whole territories of all the	8841
participating school districts and educational service centers.	8842

(C) The governing board of any educational service center may	8843
by resolution approved by a majority of its members propose the	8844
creation of a technical college district consisting of the whole	8845
territory of such educational service center.	8846

(D) The governing boards of any two or more contiguous	8847
educational service centers may by resolutions approved by a	8848
majority of the members of each participating board, propose the	8849
creation of a technical college district consisting of the whole	8850
territories of such educational service centers.	8851

(E) Qualified electors residing in a city school district, in	8852
a county, in two or more contiguous school districts, or in two or	8853
more contiguous counties may execute a petition proposing the	8854
creation of a technical college district comprised of the	8855
territory of the city school district, educational service center,	8856
two or more contiguous school districts or educational service	8857
centers, or two or more contiguous counties, respectively. Such	8858
petition shall be presented to the board of elections of the most	8859
populous county in which the technical college district is	8860
situated and shall bear the signatures of at least two per cent of	8861
the total number of resident electors who voted in the most recent	8862
election for governor in the territory of such proposed district.	8863
Such petition shall set forth the necessity for the district, a	8864
demonstration that it will be conducive to the public convenience	8865
and welfare, and a description of the territory to be included in	8866
the proposed district.	8867

Upon receiving a petition duly executed pursuant to division	8868
(E) of this section, the board of elections of the most populous	8869
county shall certify the fact of such petition to the boards of	8870
elections of the other counties, if any, in which any of the	8871
territory of the proposed district is situated. The proposal to	8872
create a technical college district shall be placed on the ballot	8873
by the board of elections and submitted to vote in each affected	8874
city school district, county, or group of contiguous school	8875
districts or counties, at the next primary or general election	8876
occurring more than ~~seventy-five~~ninety days after the filing of	8877
such petition. If there is no primary or general election	8878
occurring within ~~ninety~~one hundred five days after the filing of	8879
such petition, the board of elections of the most populous county	8880
shall fix the date of a special election to be held in each	8881
affected city school district, county, or group of contiguous	8882
school districts or counties, such date to be not less than	8883
~~seventy-five~~ninety days after the filing of the petition. If a	8884
majority of electors voting on the proposition in the proposed	8885
technical college district vote in favor thereof, the board of	8886
elections of the most populous county in which the proposed	8887
district is situated shall certify such fact to the Ohio board of	8888
regents.	8889

Sec. 3357.11. For the purposes of purchasing a site or	8890
enlargement thereof, and for the erection and equipment of	8891
buildings, or for the purpose of enlarging, improving, or	8892
rebuilding existing facilities, the board of trustees of a	8893
technical college district shall determine the amount of bonds to	8894
be issued and such other matters as pertain thereto, and may when	8895
authorized by the vote of the electors of the district, issue and	8896
sell such bonds as provided in Chapter 133. of the Revised Code.	8897
Such board of trustees shall have the same authority and be	8898
subject to the same procedure as provided in such chapter in the	8899
case where the board of education proposes a bond issue for the	8900
purposes noted in this section.	8901

At any time the board of trustees of a technical college	8902
district by a vote of two-thirds of all its members may declare by	8903
resolution the necessity of a tax outside the ten-mill limitation	8904
for a period of years not to exceed ten years, to provide funds	8905
for one or more of the following purposes: for operation and	8906
maintenance, for purchasing a site or enlargement thereof, for the	8907
erection and construction or equipment of buildings, or for the	8908
purpose of enlarging or improving or rebuilding thereon. A copy of	8909
such resolution shall be certified to the board of elections of	8910
the county or counties in which such technical college district is	8911
situated, for the purpose of placing the proposal on the ballot at	8912
an election to be held at a date designated by such board of	8913
trustees, which date shall be consistent with the requirements of	8914
section 3501.01 of the Revised Code, but shall not be earlier than	8915
~~seventy-five~~ninety days after the adoption and certification of	8916
such resolution. If a majority of the electors in such district	8917
voting on such question vote in favor of such levy, the resolution	8918
shall go into immediate effect. The trustees shall certify their	8919
action to the auditors of the county or counties in which such	8920
technical college district is situated, who shall annually	8921
thereafter place such levy on the tax duplicate in such district	8922
in the amount set forth in the proposition approved by the voters.	8923

After the approval of such levy by vote the board of trustees	8924
of a technical college district may anticipate a fraction of the	8925
proceeds of such levy and from time to time, during the life of	8926
such levy, issue anticipation notes in an amount not to exceed	8927
seventy-five per cent of the estimated proceeds of such levy to be	8928
collected in each year over a period of five years after the date	8929
of the issuance of such notes, less an amount equal to the	8930
proceeds of such levy previously obligated for each year by the	8931
issuance of anticipation notes, provided, that the total amount	8932
maturing in any one year shall not exceed seventy-five per cent of	8933
the anticipated proceeds of such levy for that year.	8934

Each issue of notes shall be sold as provided in Chapter 133.	8935
of the Revised Code and shall mature serially in substantially	8936
equal amounts, during each remaining year of the levy, not to	8937
exceed five, after their issuance.	8938

All necessary expenses for the operation of such technical	8939
college may be paid from any gifts, from grants of the state or	8940
federal government, from student fees and tuition collected	8941
pursuant to division (G) of section 3357.09 of the Revised Code,	8942
or from unencumbered funds from any other source of the technical	8943
college income, not prohibited by law.	8944

Sec. 3375.19. In each county there may be created a county	8945
library district composed of all the local, exempted village, and	8946
city school districts in the county which are not within the	8947
territorial boundaries of an existing township, school district,	8948
municipal, county district, or county free public library, by one	8949
of the following methods:	8950

(A) The board of county commissioners may initiate the	8951
creation of such a county library district by adopting a	8952
resolution providing for the submission of the question of	8953
creating a county library district to the electors of such	8954
proposed district. Such resolution shall define the territory to	8955
be included in such district by listing the school districts which	8956
will compose the proposed county library district.	8957

(B) The board of county commissioners shall, upon receipt of	8958
a petition signed by no less than ten per cent, or five hundred,	8959
whichever is the lesser, of the qualified electors of the proposed	8960
county library district voting at the last general election, adopt	8961
a resolution providing for the submission of the question of	8962
creating a county library district to the electors of the proposed	8963
district. Such resolution shall define the territory to be	8964
included in such district by listing the school districts which	8965
will compose the proposed county library district.	8966

Upon adoption of such a resolution authorized in either	8967
division (A) or (B) of this section the board of county	8968
commissioners shall cause a certified copy of it to be filed with	8969
the board of elections of the county prior to the ~~fifteenth day of~~	8970
~~September~~ninetieth day before the day of the election at which	8971
the question will appear on the ballot. The board of elections	8972
shall submit the question of the creation of such county library	8973
district to the electors of the territory comprising such proposed	8974
district at the succeeding November election.	8975

If a majority of the electors, voting on the question of	8976
creating such proposed district, vote in the affirmative such	8977
district shall be created.	8978

Sec. 3375.201. The taxing authority of a subdivision	8979
maintaining a free public library which is providing approved	8980
library service and whose board of library trustees therefore is	8981
qualified under section 3375.20 of the Revised Code to request the	8982
formation of a county library district shall, upon receipt of a	8983
petition signed by not less than ten per cent, or five hundred,	8984
whichever is the lesser, of the qualified electors of the	8985
subdivision voting at the last general election, adopt a	8986
resolution providing for the submission of the question, "Shall	8987
the free public library of the subdivision become a county	8988
district library?". The taxing authority shall cause a certified	8989
copy of it to be filed with the board of elections of the county	8990
prior to the ~~fifteenth day of September~~ninetieth day before the	8991
day of the election at which the question will appear on the	8992
ballot. The board of elections shall submit the question of the	8993
creation of such county district library to the electors of the	8994
subdivision maintaining said free public library at the succeeding	8995
November election.	8996

If a majority of the electors, voting on the question of	8997
creating such county district library, vote in the affirmative,	8998
the board of trustees of the library and the taxing authority of	8999
the subdivision shall establish a county library district in the	9000
manner prescribed in section 3375.20 of the Revised Code, by	9001
adopting and approving the resolution so authorized.	9002

Sec. 3375.211. The taxing authority of any subdivision	9003
maintaining a free public library for the inhabitants thereof and	9004
whose board of library trustees is qualified under section 3375.21	9005
of the Revised Code to request inclusion of the subdivision in a	9006
county library district shall, upon receipt of a petition signed	9007
by qualified electors equal in number to at least ten per cent of	9008
the qualified electors of the subdivision voting at the last	9009
general election, adopt a resolution providing for the submission	9010
of the question of the inclusion of the subdivision in such county	9011
library district to the electors of the subdivision.	9012

The taxing authority shall cause a certified copy of the	9013
resolution to be filed with the board of elections of the county	9014
prior to the ~~fifteenth day of September~~ninetieth day before the	9015
day of the election at which the question will appear on the	9016
ballot. The board of elections shall submit the question of the	9017
inclusion of the subdivision in such county library district to	9018
the electors of the subdivision at the succeeding November	9019
election.	9020

If a majority of the electors, voting on the question of	9021
including the subdivision in such county library district, vote in	9022
the affirmative, the taxing authority of the subdivision and the	9023
board of trustees of the free public library shall include the	9024
subdivision in the county library district in the manner	9025
prescribed in section 3375.20 of the Revised Code by adopting and	9026
approving the resolutions so authorized.	9027

Unless more than thirty per cent of the votes cast on the	9028
question of including the subdivision in the county library	9029
district are in the affirmative, the same issue shall not be	9030
submitted to the electors of the subdivision for three years	9031
following an election in which the question was defeated.	9032

Sec. 3375.212. The board of public library trustees of a	9033
county library district, appointed under section 3375.22 of the	9034
Revised Code, may consolidate with another subdivision in the	9035
county maintaining a free public library. Such consolidation may	9036
be accomplished by one of the following procedures:	9037

(A) The board of public library trustees of the county	9038
library district may submit a resolution to the board of library	9039
trustees of such subdivision requesting such consolidation. The	9040
library trustees of the subdivision within thirty days of receipt	9041
of the resolution shall approve or reject such resolution; and, if	9042
approved shall forward the resolution together with a	9043
certification of its action to the taxing authority of said	9044
subdivision. Said taxing authority within thirty days of receipt	9045
of such resolution and certification shall approve or reject it	9046
and so notify the board of library trustees of the county district	9047
library and the board of county commissioners.	9048

(B) Upon receipt of such resolution, under division (A) of	9049
this section the board of library trustees of the subdivision may	9050
request the taxing authority of the subdivision to adopt a	9051
resolution providing for the submission of the question of	9052
consolidation to the electors of the subdivision.	9053

The taxing authority in turn shall adopt such a resolution	9054
and shall cause a certified copy of the resolution to be filed	9055
with the board of elections of the county prior to the ~~fifteenth~~	9056
~~day of September~~ninetieth day before the day of the election at	9057
which the question will appear on the ballot. The board of	9058
elections shall submit the question to the electors of the	9059
subdivision at the succeeding November election.	9060

(C) The board of county commissioners and the taxing	9061
authority of the subdivision, upon receipt of petitions signed by	9062
not less than ten per cent, or five hundred, whichever is the	9063
lesser, of the qualified electors in the county library district	9064
and not less than ten per cent, or five hundred, whichever is the	9065
lesser, of the qualified electors of the subdivision, voting at	9066
the last general election, shall adopt resolutions providing for	9067
the submission of the question of consolidation to the electors of	9068
the county library district and of the subdivision.	9069

Each taxing authority in turn shall cause a certified copy of	9070
its resolution to be filed with the board of elections of the	9071
county prior to the ~~fifteenth day of September~~ninetieth day	9072
before the day of the election at which the question will appear	9073
on the ballot. The board of elections shall submit the question of	9074
the consolidation of the county library district and the	9075
subdivision to the electors of the county library district and of	9076
the subdivision at the succeeding November election.	9077

If under division (A) of this section the board of library	9078
trustees and the taxing authority of said subdivision approve the	9079
request for consolidation, or if under division (B) of this	9080
section a majority of the electors of the subdivision vote in	9081
favor of the consolidation, or if under division (C) of this	9082
section a majority of the electors of the county library district	9083
and a majority of the electors of the subdivision vote in favor of	9084
the consolidation, such consolidation shall take place. The taxing	9085
authority of the subdivision or the board of elections, whichever	9086
the case may be, shall notify the county commissioners and the	9087
respective library boards.	9088

The board of library trustees of the county library district,	9089
the board of library trustees of the subdivision and their	9090
respective taxing authorities shall take appropriate action during	9091
the succeeding December, transferring all title and interest in	9092
all property, both real and personal, held in the names of said	9093
library boards to the board of trustees of the consolidated county	9094
library district, effective the second Monday of the succeeding	9095
January.	9096

The board of library trustees of the county library district	9097
and the board of library trustees of the subdivision shall meet	9098
jointly on the second Monday of the succeeding January.	9099

Acting as a board of the whole, the two boards shall become	9100
the interim board of library trustees of the consolidated county	9101
library district whose terms shall expire the second Monday of the	9102
second January succeeding the election at which the consolidation	9103
was approved. The board shall organize itself under section	9104
3375.32 of the Revised Code and shall have the same powers,	9105
rights, and limitations in law as does a board of library trustees	9106
appointed under section 3375.22 of the Revised Code. In the event	9107
of a vacancy on the interim board the appointment shall be made by	9108
the same taxing authority which appointed the trustee whose place	9109
had become vacant and shall be only for the period in which the	9110
interim board is in existence.	9111

At least thirty days prior to the second Monday of the second	9112
January succeeding the election at which the consolidation was	9113
approved, the board shall request the county commissioners and the	9114
judges of the court of common pleas to appoint a regular board of	9115
library trustees of seven members under the provisions of section	9116
3375.22 of the Revised Code. The terms of said trustees shall	9117
commence on the second Monday of the January last referred to	9118
above. The control and management of such consolidated county	9119
library district shall continue to be under section 3375.22 of the	9120
Revised Code.	9121

For the purposes of this section, whenever a county library	9122
district is consolidated with a subdivision other than a school	9123
district, the area comprising the school district in which the	9124
main library of said subdivision is located shall become a part of	9125
the county library district.	9126

Sec. 3501.012. Notwithstanding any provision of the Revised	9127
Code to the contrary, the secretary of state or a board of	9128
elections shall not refuse to accept and process an otherwise	9129
valid voter registration application, absent voter's ballot	9130
application, uniformed services and overseas absent voter's ballot	9131
application, returned absent voter's ballot, returned uniformed	9132
services and overseas absent voter's ballot, or federal write-in	9133
absentee ballot from an individual who is eligible to vote as a	9134
uniformed services voter or an overseas voter in accordance with	9135
42 U.S.C. 1973ff-6 due to any requirements regarding notarization,	9136
paper type, paper weight and size, envelope type, or envelope	9137
weight and size.	9138

Sec. 3501.02. General elections in the state and its	9139
political subdivisions shall be held as follows:	9140

(A) For the election of electors of president and	9141
vice-president of the United States, in the year of 1932 and every	9142
four years thereafter;	9143

(B) For the election of a member of the senate of the United	9144
States, in the years 1932 and 1934, and every six years after each	9145
of such years; except as otherwise provided for filling vacancies;	9146

(C) For the election of representatives in the congress of	9147
the United States and of elective state and county officers	9148
including elected members of the state board of education, in the	9149
even-numbered years; except as otherwise provided for filling	9150
vacancies;	9151

(D) For municipal and township officers, members of boards of	9152
education, judges and clerks of municipal courts, in the	9153
odd-numbered years;	9154

(E) Proposed constitutional amendments or proposed measures	9155
submitted by the general assembly or by initiative or referendum	9156
petitions to the voters of the state at large may be submitted to	9157
the general election in any year occurring at least sixty days, in	9158
case of a referendum, and ninety days, in the case of an initiated	9159
measure, subsequent to the filing of the petitions therefor.	9160
Proposed constitutional amendments submitted by the general	9161
assembly to the voters of the state at large may be submitted at a	9162
special election occurring on the day in any year specified by	9163
division (E) of section 3501.01 of the Revised Code for the	9164
holding of a primary election, when a special election on that	9165
date is designated by the general assembly in the resolution	9166
adopting the proposed constitutional amendment.	9167

No special election shall be held on a day other than the day	9168
of a general election, unless a law or charter provides otherwise,	9169
regarding the submission of a question or issue to the voters of a	9170
county, township, city, village, or school district.	9171

(F) ~~Any~~(1) Notwithstanding any provision of the Revised Code	9172
to the contrary, any question or issue, except a candidacy, to be	9173
voted upon at an election shall be certified, for placement upon	9174
the ballot, to the board of elections not later than four p.m. of	9175
the ~~seventy-fifth~~ninetieth day before the day of the election.	9176

(2) Any question or issue that is certified for placement on	9177
a ballot on or after the effective date of this amendment shall be	9178
certified not later than the ninetieth day before the day of the	9179
applicable election, notwithstanding any deadlines appearing in	9180
any section of the Revised Code governing the placement of that	9181
question or issue on the ballot.	9182

Sec. 3501.05. The secretary of state shall do all of the	9183
following:	9184

(A) Appoint all members of boards of elections;

9185

(B) Issue instructions by directives and advisories in	9186
accordance with section 3501.053 of the Revised Code to members of	9187
the boards as to the proper methods of conducting elections.	9188

(C) Prepare rules and instructions for the conduct of	9189
elections;	9190

(D) Publish and furnish to the boards from time to time a	9191
sufficient number of indexed copies of all election laws then in	9192
force;	9193

(E) Edit and issue all pamphlets concerning proposed laws or	9194
amendments required by law to be submitted to the voters;	9195

(F) Prescribe the form of registration cards, blanks, and	9196
records;	9197

(G) Determine and prescribe the forms of ballots and the	9198
forms of all blanks, cards of instructions, pollbooks, tally	9199
sheets, certificates of election, and forms and blanks required by	9200
law for use by candidates, committees, and boards;	9201

(H) Prepare the ballot title or statement to be placed on the	9202
ballot for any proposed law or amendment to the constitution to be	9203
submitted to the voters of the state;	9204

(I) Except as otherwise provided in section 3519.08 of the	9205
Revised Code, certify to the several boards the forms of ballots	9206
and names of candidates for state offices, and the form and	9207
wording of state referendum questions and issues, as they shall	9208
appear on the ballot;	9209

(J) Except as otherwise provided in division (I)(2)(b) of	9210
section 3501.38 of the Revised Code, give final approval to ballot	9211
language for any local question or issue approved and transmitted	9212
by boards of elections under section 3501.11 of the Revised Code;	9213

(K) Receive all initiative and referendum petitions on state	9214
questions and issues and determine and certify to the sufficiency	9215
of those petitions;	9216

(L) Require such reports from the several boards as are	9217
provided by law, or as the secretary of state considers necessary;	9218

(M) Compel the observance by election officers in the several	9219
counties of the requirements of the election laws;	9220

(N)(1) Except as otherwise provided in division (N)(2) of	9221
this section, investigate the administration of election laws,	9222
frauds, and irregularities in elections in any county, and report	9223
violations of election laws to the attorney general or prosecuting	9224
attorney, or both, for prosecution;	9225

(2) On and after August 24, 1995, report a failure to comply	9226
with or a violation of a provision in sections 3517.08 to 3517.13,	9227
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	9228
Revised Code, whenever the secretary of state has or should have	9229
knowledge of a failure to comply with or a violation of a	9230
provision in one of those sections, by filing a complaint with the	9231
Ohio elections commission under section 3517.153 of the Revised	9232
Code;	9233

(O) Make an annual report to the governor containing the	9234
results of elections, the cost of elections in the various	9235
counties, a tabulation of the votes in the several political	9236
subdivisions, and other information and recommendations relative	9237
to elections the secretary of state considers desirable;	9238

(P) Prescribe and distribute to boards of elections a list of	9239
instructions indicating all legal steps necessary to petition	9240
successfully for local option elections under sections 4301.32 to	9241
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	9242

(Q) Adopt rules pursuant to Chapter 119. of the Revised Code	9243
for the removal by boards of elections of ineligible voters from	9244
the statewide voter registration database and, if applicable, from	9245
the poll list or signature pollbook used in each precinct, which	9246
rules shall provide for all of the following:	9247

(1) A process for the removal of voters who have changed	9248
residence, which shall be uniform, nondiscriminatory, and in	9249
compliance with the Voting Rights Act of 1965 and the National	9250
Voter Registration Act of 1993, including a program that uses the	9251
national change of address service provided by the United States	9252
postal system through its licensees;	9253

(2) A process for the removal of ineligible voters under	9254
section 3503.21 of the Revised Code;	9255

(3) A uniform system for marking or removing the name of a	9256
voter who is ineligible to vote from the statewide voter	9257
registration database and, if applicable, from the poll list or	9258
signature pollbook used in each precinct and noting the reason for	9259
that mark or removal.	9260

(R) Prescribe a general program for registering voters or	9261
updating voter registration information, such as name and	9262
residence changes, by boards of elections, designated agencies,	9263
offices of deputy registrars of motor vehicles, public high	9264
schools and vocational schools, public libraries, and offices of	9265
county treasurers consistent with the requirements of section	9266
3503.09 of the Revised Code;	9267

(S) Prescribe a program of distribution of voter registration	9268
forms through boards of elections, designated agencies, offices of	9269
the registrar and deputy registrars of motor vehicles, public high	9270
schools and vocational schools, public libraries, and offices of	9271
county treasurers;	9272

(T) To the extent feasible, provide copies, at no cost and	9273
upon request, of the voter registration form in post offices in	9274
this state;	9275

(U) Adopt rules pursuant to section 111.15 of the Revised	9276
Code for the purpose of implementing the program for registering	9277
voters through boards of elections, designated agencies, and the	9278
offices of the registrar and deputy registrars of motor vehicles	9279
consistent with this chapter;	9280

(V) Establish the full-time position of Americans with	9281
Disabilities Act coordinator within the office of the secretary of	9282
state to do all of the following:	9283

(1) Assist the secretary of state with ensuring that there is	9284
equal access to polling places for persons with disabilities;	9285

(2) Assist the secretary of state with ensuring that each	9286
voter may cast the voter's ballot in a manner that provides the	9287
same opportunity for access and participation, including privacy	9288
and independence, as for other voters;	9289

(3) Advise the secretary of state in the development of	9290
standards for the certification of voting machines, marking	9291
devices, and automatic tabulating equipment.	9292

(W) Establish and maintain a computerized statewide database	9293
of all legally registered voters under section 3503.15 of the	9294
Revised Code that complies with the requirements of the "Help	9295
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat. 1666,	9296
and provide training in the operation of that system;	9297

(X) Ensure that all directives, advisories, other	9298
instructions, or decisions issued or made during or as a result of	9299
any conference or teleconference call with a board of elections to	9300
discuss the proper methods and procedures for conducting	9301
elections, to answer questions regarding elections, or to discuss	9302
the interpretation of directives, advisories, or other	9303
instructions issued by the secretary of state are posted on a web	9304
site of the office of the secretary of state as soon as is	9305
practicable after the completion of the conference or	9306
teleconference call, but not later than the close of business on	9307
the same day as the conference or teleconference call takes place.	9308

(Y) Publish a report on a web site of the office of the	9309
secretary of state not later than one month after the completion	9310
of the canvass of the election returns for each primary and	9311
general election, identifying, by county, the number of absent	9312
voter's ballots cast and the number of those ballots that were	9313
counted, and the number of provisional ballots cast and the number	9314
of those ballots that were counted, for that election. The	9315
secretary of state shall maintain the information on the web site	9316
in an archive format for each subsequent election.	9317

(Z) Conduct voter education outlining voter identification,	9318
absent voters ballot, provisional ballot, and other voting	9319
requirements;	9320

(AA) Establish a procedure by which a registered elector may	9321
make available to a board of elections a more recent signature to	9322
be used in the poll list or signature pollbook produced by the	9323
board of elections of the county in which the elector resides;	9324

(BB) Disseminate information, which may include all or part	9325
of the official explanations and arguments, by means of direct	9326
mail or other written publication, broadcast, or other means or	9327
combination of means, as directed by the Ohio ballot board under	9328
division (F) of section 3505.062 of the Revised Code, in order to	9329
inform the voters as fully as possible concerning each proposed	9330
constitutional amendment, proposed law, or referendum;	9331

(CC) Be the single state office responsible for the	9332
implementation of the "Uniformed and Overseas Citizens Absentee	9333
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff,	9334
et seq., as amended, in this state.	9335

(DD) Perform other duties required by law.

9336

Whenever a primary election is held under section 3513.32 of	9337
the Revised Code or a special election is held under section	9338
3521.03 of the Revised Code to fill a vacancy in the office of	9339
representative to congress, the secretary of state shall establish	9340
a deadline, notwithstanding any other deadline required under the	9341
Revised Code, by which any or all of the following shall occur:	9342
the filing of a declaration of candidacy and petitions or a	9343
statement of candidacy and nominating petition together with the	9344
applicable filing fee; the filing of protests against the	9345
candidacy of any person filing a declaration of candidacy or	9346
nominating petition; the filing of a declaration of intent to be a	9347
write-in candidate; the filing of campaign finance reports; the	9348
preparation of, and the making of corrections or challenges to,	9349
precinct voter registration lists; the receipt of applications for	9350
absent voter's ballots or armed service absent voter's ballots;	9351
the supplying of election materials to precincts by boards of	9352
elections; the holding of hearings by boards of elections to	9353
consider challenges to the right of a person to appear on a voter	9354
registration list; and the scheduling of programs to instruct or	9355
reinstruct election officers.	9356

In the performance of the secretary of state's duties as the	9357
chief election officer, the secretary of state may administer	9358
oaths, issue subpoenas, summon witnesses, compel the production of	9359
books, papers, records, and other evidence, and fix the time and	9360
place for hearing any matters relating to the administration and	9361
enforcement of the election laws.	9362

In any controversy involving or arising out of the adoption	9363
of registration or the appropriation of funds for registration,	9364
the secretary of state may, through the attorney general, bring an	9365
action in the name of the state in the court of common pleas of	9366
the county where the cause of action arose or in an adjoining	9367
county, to adjudicate the question.	9368

In any action involving the laws in Title XXXV of the Revised	9369
Code wherein the interpretation of those laws is in issue in such	9370
a manner that the result of the action will affect the lawful	9371
duties of the secretary of state or of any board of elections, the	9372
secretary of state may, on the secretary of state's motion, be	9373
made a party.	9374

The secretary of state may apply to any court that is hearing	9375
a case in which the secretary of state is a party, for a change of	9376
venue as a substantive right, and the change of venue shall be	9377
allowed, and the case removed to the court of common pleas of an	9378
adjoining county named in the application or, if there are cases	9379
pending in more than one jurisdiction that involve the same or	9380
similar issues, the court of common pleas of Franklin county.	9381

Public high schools and vocational schools, public libraries,	9382
and the office of a county treasurer shall implement voter	9383
registration programs as directed by the secretary of state	9384
pursuant to this section.	9385

Sec. 3501.07. At a meeting held not more than sixty nor less	9386
than fifteen days before the expiration date of the term of office	9387
of a member of the board of elections, or within fifteen days	9388
after a vacancy occurs in the board, the county executive	9389
committee of the major political party entitled to the appointment	9390
may make and file a recommendation with the secretary of state for	9391
the appointment of a qualified elector. The secretary of state	9392
shall appoint such elector, unless ~~he has reason to believe~~the	9393
secretary of state proves by clear and convincing evidence that	9394
the elector ~~would~~is not ~~be a~~ competent ~~member of~~to serve on such	9395
board as a result of:	9396

(A) The elector's adjudication of incompetence by a court of	9397
competent jurisdiction;	9398

(B) The elector's prior conviction of or plea of guilty to a	9399
first degree misdemeanor for a violation of division (D) of	9400
section 102.02 or section 102.021, 102.03, 102.04, or 102.07 of	9401
the Revised Code; or	9402

(C) The elector's prior conviction of or plea of guilty to a	9403
felony. In	9404

In such cases the secretary of state shall so state in	9405
writing to the ~~chairman~~chairperson of such county executive	9406
committee~~, with~~ the reasons ~~therefor~~for the secretary's refusal	9407
to appoint the individual, and such committee may, with respect to	9408
each refusal of the secretary of state, either recommend another	9409
elector or ~~may~~ apply for a writ of mandamus to the supreme court	9410
to compel the secretary of state to appoint the elector so	9411
recommended. In all such ~~action~~actions, the burden of proof to	9412
~~show the qualifications~~prove the lack of competence of the	9413
person so recommended by clear and convincing evidence shall be on	9414
the ~~committee making~~secretary of state who refused the	9415
recommendation. Upon the dismissal of an action in mandamus filed	9416
by such county executive committee, the county executive committee	9417
shall have thirty days to make and file another recommendation	9418
with the secretary of state for the appointment of a qualified	9419
elector. If no such recommendation is made within thirty days	9420
after either the secretary of state refuses the appointment of the	9421
county executive committee or the dismissal of an action in	9422
mandamus filed by such committee, the secretary of state shall	9423
make the appointment. This process shall be repeated, as needed,	9424
after each refusal of the secretary of state, until the	9425
appointment is made.	9426

If a vacancy on the board of elections is to be filled by a	9427
minor or an intermediate political party, authorized officials of	9428
that party may within fifteen days after the vacancy occurs	9429
recommend a qualified person to the secretary of state for	9430
appointment to such vacancy.	9431

Sec. 3501.10. (A) The board of elections shall, as an	9432
expense of the board, provide suitable rooms for its offices and	9433
records and the necessary and proper furniture and supplies for	9434
those rooms. The board may lease such offices and rooms, necessary	9435
to its operation, for the length of time and upon the terms the	9436
board deems in the best interests of the public, provided that the	9437
term of any such lease shall not exceed fifteen years.	9438

Thirty days prior to entering into such a lease, the board	9439
shall notify the board of county commissioners in writing of its	9440
intent to enter into the lease. The notice shall specify the terms	9441
and conditions of the lease. Prior to the thirtieth day after	9442
receiving that notice and before any lease is entered into, the	9443
board of county commissioners may reject the proposed lease by a	9444
majority vote. After receiving written notification of the	9445
rejection by the board of county commissioners, the board of	9446
elections shall not enter into the lease that was rejected, but	9447
may immediately enter into additional lease negotiations, subject	9448
to the requirements of this section.	9449

The board of elections in any county may, by resolution,	9450
request that the board of county commissioners submit to the	9451
electors of the county, in accordance with section 133.18 of the	9452
Revised Code, the question of issuing bonds for the acquisition of	9453
real estate and the construction on it of a suitable building with	9454
necessary furniture and equipment for the proper administration of	9455
the duties of the board of elections. The resolution declaring the	9456
necessity for issuing such bonds shall relate only to the	9457
acquisition of real estate and to the construction, furnishing,	9458
and equipping of a building as provided in this division.	9459

(B) The board of elections in each county shall keep its	9460
offices, or one or more of its branch registration offices, open	9461
for the performance of its duties until nine p.m. on the last day	9462
of registration before a general or primary election. At all other	9463
times during each week, the board shall keep its offices and rooms	9464
open for a period of time that the board considers necessary for	9465
the performance of its duties.	9466

(C) The board of elections may maintain permanent or	9467
temporary branch offices at any place within the county~~, provided~~	9468
~~that~~.	9469

(1) For any election other than a general election or a	9470
primary election held in an even-numbered year, if the board of	9471
elections permits electors to vote at a branch office, electors	9472
shall not be permitted to vote at any other branch office or any	9473
other office of the board of elections.	9474

(2) For a general election or a primary election held in an	9475
even-numbered year, the board shall not employ more than three	9476
such locations, including the office of the board of elections and	9477
all branch offices of the board of elections, for the purpose of	9478
allowing voters to cast absent voter's ballots in person.	9479

A majority vote of the members of the board is required to	9480
establish more than one location at which voters may cast absent	9481
voter's ballots in person at a general election or at a primary	9482
election held in an even-numbered year. If the board votes to	9483
establish more than one location at which voters may cast absent	9484
voter's ballots in person, the board shall select locations in the	9485
county that are geographically diverse. If at least three members	9486
of the board do not agree to establish additional locations or do	9487
not agree on the geographic locations within the county, the board	9488
shall only permit absent voter's ballots to be voted in person at	9489
the office of the board of elections for that election.	9490

Sec. 3501.11. Each board of elections shall exercise by a	9491
majority vote all powers granted to the board by Title XXXV of the	9492
Revised Code, shall perform all the duties imposed by law, and	9493
shall do all of the following:	9494

(A) Establish, define, provide, rearrange, and combine	9495
election precincts;	9496

(B) Fix and provide the places for registration and for	9497
holding primaries and elections;	9498

(C) Provide for the purchase, preservation, and maintenance	9499
of booths, ballot boxes, books, maps, flags, blanks, cards of	9500
instructions, and other forms, papers, and equipment used in	9501
registration, nominations, and elections;	9502

(D) Appoint and remove its director, deputy director, and	9503
employees and all registrars, judges, and other officers of	9504
elections, fill vacancies, and designate the ward or district and	9505
precinct in which each shall serve;	9506

(E) Make and issue rules and instructions, not inconsistent	9507
with law or the rules, directives, or advisories issued by the	9508
secretary of state, as it considers necessary for the guidance of	9509
election officers and voters;	9510

(F) Advertise and contract for the printing of all ballots	9511
and other supplies used in registrations and elections, or provide	9512
for the acquisition of those supplies through the department of	9513
administrative services;	9514

(G) Provide for the issuance of all notices, advertisements,	9515
and publications concerning elections, except as otherwise	9516
provided in division (G) of section 3501.17 and divisions (F) and	9517
(G) of section 3505.062 of the Revised Code;	9518

(H) Provide for the delivery of ballots, pollbooks, and other	9519
required papers and material to the polling places;	9520

(I) Cause the polling places to be suitably provided with	9521
voting machines, marking devices, automatic tabulating equipment,	9522
stalls, and other required supplies. In fulfilling this duty, each	9523
board of a county that uses voting machines, marking devices, or	9524
automatic tabulating equipment shall conduct a full vote of the	9525
board during a public session of the board on the allocation and	9526
distribution of voting machines, marking devices, and automatic	9527
tabulating equipment for each precinct in the county.	9528

(J) Investigate irregularities, nonperformance of duties, or	9529
violations of Title XXXV of the Revised Code by election officers	9530
and other persons; administer oaths, issue subpoenas, summon	9531
witnesses, and compel the production of books, papers, records,	9532
and other evidence in connection with any such investigation; and	9533
report the facts to the prosecuting attorney or the secretary of	9534
state;	9535

(K) Review, examine, and certify the sufficiency and validity	9536
of petitions and nomination papers, and, after certification,	9537
return to the secretary of state all petitions and nomination	9538
papers that the secretary of state forwarded to the board;	9539

(L) Receive the returns of elections, canvass the returns,	9540
make abstracts of them, and transmit those abstracts to the proper	9541
authorities;	9542

(M) Issue certificates of election on forms to be prescribed	9543
by the secretary of state;	9544

(N) Make an annual report to the secretary of state, on the	9545
form prescribed by the secretary of state, containing a statement	9546
of the number of voters registered, elections held, votes cast,	9547
appropriations received, expenditures made, and other data	9548
required by the secretary of state;	9549

(O) Prepare and submit to the proper appropriating officer a	9550
budget estimating the cost of elections for the ensuing fiscal	9551
year;	9552

(P) Perform other duties as prescribed by law or the rules,	9553
directives, or advisories of the secretary of state;	9554

(Q) Investigate and determine the residence qualifications of	9555
electors;	9556

(R) Administer oaths in matters pertaining to the	9557
administration of the election laws;	9558

(S) Prepare and submit to the secretary of state, whenever	9559
the secretary of state requires, a report containing the names and	9560
residence addresses of all incumbent county, municipal, township,	9561
and board of education officials serving in their respective	9562
counties;	9563

(T) Establish and maintain a voter registration database of	9564
all qualified electors in the county who offer to register;	9565

(U) Maintain voter registration records, make reports	9566
concerning voter registration as required by the secretary of	9567
state, and remove ineligible electors from voter registration	9568
lists in accordance with law and directives of the secretary of	9569
state;	9570

(V) Give approval to ballot language for any local question	9571
or issue and transmit the language to the secretary of state for	9572
the secretary of state's final approval;	9573

(W) Prepare and cause the following notice to be displayed in	9574
a prominent location in every polling place:	9575

"NOTICE	9576

Ohio law prohibits any person from voting or attempting to	9577
vote more than once at the same election.	9578

Violators are guilty of a felony of the fourth degree and	9579
shall be imprisoned and additionally may be fined in accordance	9580
with law."	9581

(X) In all cases of a tie vote or a disagreement in the	9582
board, if no decision can be arrived at, the director or	9583
chairperson shall submit the matter in controversy, not later than	9584
fourteen days after the tie vote or the disagreement, to the	9585
secretary of state, who shall summarily decide the question, and	9586
the secretary of state's decision shall be final.;	9587

(Y) Assist each designated agency, deputy registrar of motor	9588
vehicles, public high school and vocational school, public	9589
library, and office of a county treasurer in the implementation of	9590
a program for registering voters at all voter registration	9591
locations as prescribed by the secretary of state. Under this	9592
program, each board of elections shall direct to the appropriate	9593
board of elections any voter registration applications for persons	9594
residing outside the county where the board is located within five	9595
days after receiving the applications.	9596

(Z) On any day on which an elector may vote in person at the	9597
office of the board or at another site designated by the board,	9598
consider the board or other designated site a polling place for	9599
that day. All requirements or prohibitions of law that apply to a	9600
polling place shall apply to the office of the board or other	9601
designated site on that day.	9602

Sec. 3501.22. (A) On(1) Except as otherwise provided in	9603
division (A)(2) of this section, on or before the fifteenth day of	9604
September in each year, the board of elections by a majority vote	9605
shall, after careful examination and investigation as to their	9606
qualifications, appoint for each election precinct four residents	9607
of the county in which the precinct is located, as judges. Except	9608
as otherwise provided in division (C) of this section, all judges	9609
of election shall be qualified electors. The judges shall	9610
constitute the election officers of the precinct. Not more than	9611
one-half of the total number of judges shall be members of the	9612
same political party. The term of such precinct officers shall be	9613
for one year. The board may, at any time, designate any number of	9614
election officers, not more than one-half of whom shall be members	9615
of the same political party, to perform their duties at any	9616
precinct in any election. The board may appoint additional	9617
officials, equally divided between the two major political	9618
parties, when necessary to expedite voting.	9619

Vacancies for unexpired terms shall be filled by the board.	9620
When new precincts have been created, the board shall appoint	9621
judges for those precincts for the unexpired term. Any judge may	9622
be summarily removed from office at any time by the board for	9623
neglect of duty, malfeasance, or misconduct in office or for any	9624
other good and sufficient reason.	9625

Precinct election officials shall perform all of the duties	9626
provided by law for receiving the ballots and supplies, opening	9627
and closing the polls, and overseeing the casting of ballots	9628
during the time the polls are open, and any other duties required	9629
by section 3501.26 of the Revised Code.	9630

A board of elections may designate two precinct election	9631
officials as counting officials to count and tally the votes cast	9632
and certify the results of the election at each precinct, and	9633
perform other duties as provided by law. To expedite the counting	9634
of votes at each precinct, the board may appoint additional	9635
officials, not more than one-half of whom shall be members of the	9636
same political party.	9637

The board shall designate one of the precinct election	9638
officials who is a member of the dominant political party to serve	9639
as a presiding judge, whose duty it is to deliver the returns of	9640
the election and all supplies to the office of the board. For	9641
these services, the presiding judge shall receive additional	9642
compensation in an amount, consistent with section 3501.28 of the	9643
Revised Code, determined by the board of elections.	9644

The board shall issue to each precinct election official a	9645
certificate of appointment, which the official shall present to	9646
the presiding judge at the time the polls are opened.	9647

(2) If the board of elections, by majority vote, opts to use	9648
multiple precinct polling locations in lieu of any or all	9649
individual precinct polling locations, the board may appoint	9650
election judges for the multiple precinct polling places as	9651
follows:	9652

(a) For the first precinct combined in a multiple precinct	9653
polling location, the board shall appoint four election judges,	9654
not more than one-half of whom shall be members of the same	9655
political party;	9656

(b) For each additional precinct combined in a multiple	9657
precinct polling location, the board shall appoint two election	9658
judges, not more than one of whom shall be a member of the same	9659
political party;	9660

(c) The board shall designate one of the judges appointed	9661
under division (A)(2)(a) or (b) of this section who is member of	9662
the political party whose candidate for governor received the	9663
highest number of votes in the most recent general election for	9664
that office in the precincts combined in the multiple precinct	9665
polling location as the single presiding judge for the multiple	9666
precinct polling location.	9667

(B) If the board of elections determines that not enough	9668
qualified electors in a precinct are available to serve as	9669
precinct officers, it may appoint persons to serve as precinct	9670
officers at a primary, special, or general election who are at	9671
least seventeen years of age and are registered to vote in	9672
accordance with section 3503.07 of the Revised Code.	9673

(C)(1) A board of elections, in conjunction with the board of	9674
education of a city, local, or exempted village school district,	9675
the governing authority of a community school established under	9676
Chapter 3314. of the Revised Code, or the chief administrator of a	9677
nonpublic school may establish a program permitting certain high	9678
school students to apply and, if appointed by the board of	9679
elections, to serve as precinct officers at a primary, special, or	9680
general election.	9681

In addition to the requirements established by division	9682
(C)(2) of this section, a board of education, governing authority,	9683
or chief administrator that establishes a program under this	9684
division in conjunction with a board of elections may establish	9685
additional criteria that students shall meet to be eligible to	9686
participate in that program.	9687

(2)(a) To be eligible to participate in a program established	9688
under division (C)(1) of this section, a student shall be a United	9689
States citizen, a resident of the county, at least seventeen years	9690
of age, and enrolled in the senior year of high school.	9691

(b) Any student applying to participate in a program	9692
established under division (C)(1) of this section, as part of the	9693
student's application process, shall declare the student's	9694
political party affiliation with the board of elections.	9695

(3) No student appointed as a precinct officer pursuant to a	9696
program established under division (C)(1) of this section shall be	9697
designated as a presiding judge.	9698

(4) Any student participating in a program established under	9699
division (C)(1) of this section shall be excused for that	9700
student's absence from school on the day of an election at which	9701
the student is serving as a precinct officer.	9702

(D) In any precinct with six or more precinct officers, up to	9703
two students participating in a program established under division	9704
(C)(1) of this section who are under eighteen years of age may	9705
serve as precinct officers. Not more than one precinct officer in	9706
any given precinct with fewer than six precinct officers shall be	9707
under eighteen years of age.	9708

Sec. 3501.301. A contract involving a cost in excess of ~~ten~~	9709
twenty-five thousand dollars for printing and furnishing the	9710
supplies, other than the official ballots, required in section	9711
3501.30 of the Revised Code, shall not be let until the board of	9712
elections has caused notice to be published once in a newspaper of	9713
general circulation within the county or upon notice given by	9714
mail, addressed to the responsible suppliers within the state. The	9715
board of elections may require that each bid be accompanied by a	9716
bond, with at least two individual sureties, or a surety company,	9717
satisfactory to the board, in a sum double the amount of the bid,	9718
conditioned upon the faithful performance of the contract awarded	9719
and for the payment as damages by such bidder to the board of any	9720
excess of cost over the bid which it may be required to pay for	9721
such work by reason of the failure of the bidder to complete the	9722
contract. The contract shall be let to the lowest and best bidder.	9723

Sec. 3501.35. (A)(1) During an election and the counting of	9724
the ballots, no person shall do any of the following:	9725

~~(1)~~(a) Loiter, congregate, or engage in any kind of election	9726
campaigning ~~within the area between the polling place and the~~	9727
~~small flags of the United States placed on the thoroughfares and~~	9728
~~walkways leading to the polling place, and if the line of electors~~	9729
~~waiting to vote extends beyond those small flags,~~ within ~~ten~~fifty	9730
feet of ~~any elector in that line~~the entrance to a polling place;	9731

~~(2)~~(b) In any manner hinder or delay an elector in reaching	9732
or leaving the place fixed for casting the elector's ballot;	9733

~~(3)~~(c) Give, tender, or exhibit any ballot or ticket to any	9734
person other than the elector's own ballot to the judge of	9735
election within the area between the polling place and the small	9736
flags of the United States placed on the thoroughfares and	9737
walkways leading to the polling place, and if the line of electors	9738
waiting to vote extends beyond those small flags, within ten feet	9739
of any elector in that line;	9740

~~(4)~~(d) Exhibit any ticket or ballot which the elector intends	9741
to cast;	9742

~~(5)~~(e) Solicit or in any manner attempt to influence any	9743
elector in casting the elector's vote.	9744

(2) Whoever violates division (A)(1)(a) of this section is	9745
guilty of a minor misdemeanor; if the person refuses to comply	9746
with the judges of election or law enforcement officers who are	9747
enforcing that division, the person is guilty of a misdemeanor of	9748
the first degree.	9749

(B) Except as otherwise provided in division (C) of section	9750
3503.23 of the Revised Code, no person who is not an election	9751
official, employee, observer, or police officer shall be allowed	9752
to enter the polling place during the election, except for the	9753
purpose of voting or assisting another person to vote as provided	9754
in section 3505.24 of the Revised Code.	9755

(C) No more electors shall be allowed to approach the voting	9756
shelves at any time than there are voting shelves provided.	9757

(D) The line of waiting voters and persons loitering,	9758
congregating, or campaigning near that line shall not impede the	9759
normal flow of traffic or access to the entrance or exit of any	9760
business or organization in the vicinity.	9761

(E) The judges of election and the police officer shall	9762
strictly enforce the observance of this section.	9763

Sec. 3501.39. (A) The secretary of state or a board of	9764
elections shall accept any petition described in section 3501.38	9765
of the Revised Code unless one of the following occurs:	9766

(1) A written protest against the petition or candidacy,	9767
naming specific objections, is filed, a hearing is held, and a	9768
determination is made by the election officials with whom the	9769
protest is filed that the petition is invalid, in accordance with	9770
any section of the Revised Code providing a protest procedure.	9771

(2) A written protest against the petition or candidacy,	9772
naming specific objections, is filed, a hearing is held, and a	9773
determination is made by the election officials with whom the	9774
protest is filed that the petition violates any requirement	9775
established by law.	9776

(3) The candidate's candidacy or the petition violates the	9777
requirements of this chapter, Chapter 3513. of the Revised Code,	9778
or any other requirements established by law.	9779

(B) Except as otherwise provided in division (C) of this	9780
section or section 3513.052 of the Revised Code, a board of	9781
elections shall not invalidate any declaration of candidacy or	9782
nominating petition under division (A)(3) of this section after	9783
the ~~fiftieth~~sixtieth day prior to the election at which the	9784
candidate seeks nomination to office, if the candidate filed a	9785
declaration of candidacy, or election to office, if the candidate	9786
filed a nominating petition.	9787

(C)(1) If a petition is filed for the nomination or election	9788
of a candidate in a charter municipal corporation with a filing	9789
deadline that occurs after the ~~seventy-fifth~~ninetieth day before	9790
the day of the election, a board of elections may invalidate the	9791
petition within fifteen days after the date of that filing	9792
deadline.	9793

(2) If a petition for the nomination or election of a	9794
candidate is invalidated under division (C)(1) of this section,	9795
that person's name shall not appear on the ballots for any office	9796
for which the person's petition has been invalidated. If the	9797
ballots have already been prepared, the board of elections shall	9798
remove the name of that person from the ballots to the extent	9799
practicable in the time remaining before the election. If the name	9800
is not removed from the ballots before the day of the election,	9801
the votes for that person are void and shall not be counted.	9802

Sec. 3501.90. (A) As used in this section:

9803

(1) "Harassment in violation of the election law" means	9804
~~either~~any of the following:	9805

(a) Any of the following types of conduct in or about a	9806
polling place or a place of registration or election: obstructing	9807
access of an elector to a polling place; another improper practice	9808
or attempt tending to obstruct, intimidate, or interfere with an	9809
elector in registering or voting at a place of registration or	9810
election; molesting or otherwise engaging in violence against	9811
observers in the performance of their duties at a place of	9812
registration or election; or participating in a riot, violence,	9813
tumult, or disorder in and about a place of registration or	9814
election;	9815

(b) A violation of division (A)(1)(a), ~~(2), (3), or (5)~~(b),	9816
(c), or (e) or division (B) of section 3501.35 of the Revised	9817
Code;	9818

(c) A violation of division (G)(2)(a) of section 3505.21 of	9819
the Revised Code.	9820

(2) "Person" has the same meaning as in division (C) of	9821
section 1.59 of the Revised Code and also includes any	9822
organization that is not otherwise covered by that division.	9823

(3) "Trier of fact" means the jury or, in a nonjury action,	9824
the court.	9825

(B) An elector who has experienced harassment in violation of	9826
the election law has a cause of action against each person that	9827
committed the harassment in violation of the election law. In any	9828
civil action based on this cause of action, the elector may seek a	9829
declaratory judgment, an injunction, or other appropriate	9830
equitable relief. The civil action may be commenced by an elector	9831
who has experienced harassment in violation of the election law	9832
either alone or as a party to a class action under Civil Rule 23.	9833

(C)(1) In addition to the equitable relief authorized by	9834
division (B) of this section, an elector who has experienced	9835
harassment in violation of the election law may be entitled to	9836
relief under division (C)(2) or (3) of this section.	9837

(2) If the harassment in violation of the election law	9838
involved intentional or reckless threatening or causing of bodily	9839
harm to the elector while the elector was attempting to register	9840
to vote, to obtain an absent voter's ballot, or to vote, the	9841
elector may seek, in a civil action based on the cause of action	9842
created by division (B) of this section, monetary damages as	9843
prescribed in this division. The civil action may be commenced by	9844
the elector who has experienced harassment in violation of the	9845
election law either alone or as a party to a class action under	9846
Civil Rule 23. Upon proof by a preponderance of the evidence in	9847
the civil action that the harassment in violation of the election	9848
law involved intentional or reckless threatening or causing of	9849
bodily harm to the elector, the trier of fact shall award the	9850
elector the greater of three times of the amount of the elector's	9851
actual damages or one thousand dollars. The court also shall award	9852
a prevailing elector reasonable attorney's fees and court costs.	9853

(3) Whether a civil action on the cause of action created by	9854
division (B) of this section is commenced by an elector who has	9855
experienced harassment in violation of the election law alone or	9856
as a party to a class action under Civil Rule 23, if the defendant	9857
in the action is an organization that has previously been	9858
determined in a court of this state to have engaged in harassment	9859
in violation of the election law, the elector may seek an order of	9860
the court granting any of the following forms of relief upon proof	9861
by a preponderance of the evidence:	9862

(a) Divestiture of the organization's interest in any	9863
enterprise or in any real property;	9864

(b) Reasonable restrictions upon the future activities or	9865
investments of the organization, including, but not limited to,	9866
prohibiting the organization from engaging in any harassment in	9867
violation of the election law;	9868

9869

(d) The suspension or revocation of any license, permit, or	9870
prior approval granted to the organization by any state agency;	9871

(e) The revocation of the organization's authorization to do	9872
business in this state if the organization is a foreign	9873
corporation or other form of foreign entity.	9874

(D) It shall not be a defense in a civil action based on the	9875
cause of action created by division (B) of this section, whether	9876
commenced by an elector who has experienced harassment in	9877
violation of the election law alone or as a party to a class	9878
action under Civil Rule 23, that no criminal prosecution was	9879
commenced or conviction obtained in connection with the conduct	9880
alleged to be the basis of the civil action.	9881

(E) In a civil action based on the cause of action created by	9882
division (B) of this section, whether commenced by an elector who	9883
has experienced harassment in violation of the election law alone	9884
or as a party to a class action under Civil Rule 23, the elector	9885
may name as defendants each individual who engaged in conduct	9886
constituting harassment in violation of the election law as well	9887
as any person that employs, sponsors, or uses as an agent any such	9888
individual or that has organized a common scheme to cause	9889
harassment in violation of the election law.	9890

Sec. 3503.14. (A)(1) The secretary of state shall prescribe	9891
the form and content of the registration, change of residence, and	9892
change of name forms used in this state. The forms shall meet the	9893
requirements of the National Voter Registration Act of 1993 and	9894
shall include spaces for all of the following:	9895

~~(1)~~(a) The voter's name;

9896

~~(2)~~(b) The voter's address;

9897

~~(3)~~(c) The current date;

9898

~~(4)~~(d) The voter's date of birth;

9899

~~(5)~~(e) The voter to provide one or more of the following:

9900

~~(a)~~(i) The voter's driver's license number, if any;

9901

~~(b)~~(ii) The last four digits of the voter's social security	9902
number, if any;	9903

~~(c)~~(iii) A copy of a current and valid photo identification,	9904
a copy of a military identification, or a copy of a current	9905
utility bill, bank statement, government check, paycheck, or other	9906
government document, other than ~~a notice of an election mailed by~~	9907
~~a board of elections under section 3501.19 of the Revised Code or~~	9908
a notice of voter registration mailed by a board of elections	9909
under section 3503.19 of the Revised Code, that shows the voter's	9910
name and address.	9911

~~(6)~~(f) The voter to identify the political party, if any,	9912
with which the voter desires to be affiliated, if the form is a	9913
registration form. The space for identifying a political party	9914
shall be labeled "optional" on any form the secretary of state	9915
prescribes.	9916

(g) The voter's signature.

9917

The registration form shall include a space on which the	9918
person registering an applicant shall sign the person's name and	9919
provide the person's address and a space on which the person	9920
registering an applicant shall name the employer who is employing	9921
that person to register the applicant.	9922

(2) The registration form shall identify the qualifications	9923
for a person to be an elector, which shall appear on the form	9924
substantially as follows:	9925

"You are qualified to register to vote in Ohio if you meet	9926
all of the following requirements:	9927

(a) You are a citizen of the United States.

9928

(b) You will be at least eighteen years of age on or before	9929
the day of the general election.	9930

(c) You will be a permanent resident of Ohio for at least	9931
thirty days immediately before the day of the election in which	9932
you want to vote, and you are not here on a temporary basis.	9933

(d) You are not currently incarcerated in jail or prison for	9934
a felony conviction.	9935

(e) You have not been declared incompetent by a probate	9936
court.	9937

(f) You have not been permanently disenfranchised for	9938
violations of the election laws."	9939

(3) Except for forms prescribed by the secretary of state	9940
under section 3503.11 of the Revised Code, the secretary of state	9941
shall permit boards of elections to produce forms that have	9942
subdivided spaces for each individual alphanumeric character of	9943
the information provided by the voter so as to accommodate the	9944
electronic reading and conversion of the voter's information to	9945
data and the subsequent electronic transfer of that data to the	9946
statewide voter registration database established under section	9947
3503.15 of the Revised Code.	9948

(B) None of the following persons who are registering an	9949
applicant in the course of that official's or employee's normal	9950
duties shall sign the person's name, provide the person's address,	9951
or name the employer who is employing the person to register an	9952
applicant on a form prepared under this section:	9953

(1) An election official;

9954

(2) A county treasurer;

9955

(3) A deputy registrar of motor vehicles;

9956

(4) An employee of a designated agency;

9957

(5) An employee of a public high school;

9958

(6) An employee of a public vocational school;

9959

(7) An employee of a public library;

9960

(8) An employee of the office of a county treasurer;

9961

(9) An employee of the bureau of motor vehicles;

9962

(10) An employee of a deputy registrar of motor vehicles;

9963

(11) An employee of an election official.

9964

(C) Except as provided in section 3501.382 of the Revised	9965
Code, any applicant who is unable to sign the applicant's own name	9966
shall make an "X," if possible, which shall be certified by the	9967
signing of the name of the applicant by the person filling out the	9968
form, who shall add the person's own signature. If an applicant is	9969
unable to make an "X," the applicant shall indicate in some manner	9970
that the applicant desires to register to vote or to change the	9971
applicant's name or residence. The person registering the	9972
applicant shall sign the form and attest that the applicant	9973
indicated that the applicant desired to register to vote or to	9974
change the applicant's name or residence.	9975

(D) No registration, change of residence, or change of name	9976
form shall be rejected solely on the basis that a person	9977
registering an applicant failed to sign the person's name or	9978
failed to name the employer who is employing that person to	9979
register the applicant as required under division (A) of this	9980
section.	9981

(E) As used in this section, "registering an applicant"	9982
includes any effort, for compensation, to provide voter	9983
registration forms or to assist persons in completing or returning	9984
those forms.	9985

Sec. 3503.15. (A) The secretary of state shall establish and	9986
maintain a statewide voter registration database that shall be	9987
continuously available to each board of elections and to other	9988
agencies as authorized by law.	9989

(B) The statewide voter registration database established	9990
under this section shall be the official list of registered voters	9991
for all elections conducted in this state.	9992

(C) The statewide voter registration database established	9993
under this section shall, at a minimum, include all of the	9994
following:	9995

(1) An electronic network that connects all board of	9996
elections offices with the office of the secretary of state and	9997
with the offices of all other boards of elections;	9998

(2) A computer program that harmonizes the records contained	9999
in the database with records maintained by each board of	10000
elections;	10001

(3) An interactive computer program that allows access to the	10002
records contained in the database by each board of elections and	10003
by any persons authorized by the secretary of state to add,	10004
delete, modify, or print database records, and to conduct updates	10005
of the database;	10006

(4) A search program capable of verifying registered voters	10007
and their registration information by name, driver's license	10008
number, birth date, social security number, or current address;	10009

(5) Safeguards and components to ensure that the integrity,	10010
security, and confidentiality of the voter registration	10011
information is maintained.	10012

(D) The secretary of state shall adopt rules pursuant to	10013
Chapter 119. of the Revised Code doing all of the following:	10014

(1) Specifying the manner in which existing voter	10015
registration records maintained by boards of elections shall be	10016
converted to electronic files for inclusion in the statewide voter	10017
registration database;	10018

(2) Establishing a uniform method for entering voter	10019
registration records into the statewide voter registration	10020
database on an expedited basis, but not less than once per day, if	10021
new registration information is received;	10022

(3) Establishing a uniform method for purging canceled voter	10023
registration records from the statewide voter registration	10024
database in accordance with section 3503.21 of the Revised Code;	10025

(4) Specifying the persons authorized to add, delete, modify,	10026
or print records contained in the statewide voter registration	10027
database and to make updates of that database;	10028

(5) Establishing a process for annually auditing the	10029
information contained in the statewide voter registration	10030
database.	10031

(E) A board of elections promptly shall purge a voter's name	10032
and voter registration information from the statewide voter	10033
registration database in accordance with the rules adopted by the	10034
secretary of state under division (D)(3) of this section after the	10035
cancellation of a voter's registration under section 3503.21 of	10036
the Revised Code.	10037

(F) The secretary of state shall provide training in the	10038
operation of the statewide voter registration database to each	10039
board of elections and to any persons authorized by the secretary	10040
of state to add, delete, modify, or print database records, and to	10041
conduct updates of the database.	10042

(G)(1) The statewide voter registration database established	10043
under this section shall be made available on a web site of the	10044
office of the secretary of state as follows:	10045

(a) Except as otherwise provided in division (G)(1)(b) of	10046
this section, only the following information from the statewide	10047
voter registration database regarding a registered voter shall be	10048
made available on the web site:	10049

(i) The voter's name;

10050

(ii) The voter's address;

10051

(iii) The voter's precinct number;

10052

(iv) The voter's voting history.

10053

(b) During the thirty days before the day of a primary or	10054
general election, the web site interface of the statewide voter	10055
registration database shall permit a voter to search for the	10056
polling location at which that voter may cast a ballot.	10057

(c) Except for a voter's date of birth, social security	10058
number, or driver's license number, all information in the	10059
statewide voter registration database is a public record,	10060
including information identifying whether a mismatch exists	10061
between a person's voter registration record and motor vehicle	10062
records.	10063

(2) The secretary of state shall establish, by rule adopted	10064
under Chapter 119. of the Revised Code, a process for boards of	10065
elections to notify the secretary of state of changes in the	10066
locations of precinct polling places for the purpose of updating	10067
the information made available on the secretary of state's web	10068
site under division (G)(1)(b) of this section. Those rules shall	10069
require a board of elections, during the thirty days before the	10070
day of a primary or general election, to notify the secretary of	10071
state within one business day of any change to the location of a	10072
precinct polling place within the county.	10073

(3) During the thirty days before the day of a primary or	10074
general election, not later than one business day after receiving	10075
a notification from a county pursuant to division (G)(2) of this	10076
section that the location of a precinct polling place has changed,	10077
the secretary of state shall update that information on the	10078
secretary of state's web site for the purpose of division	10079
(G)(1)(b) of this section.	10080

(H)(1) The secretary of state and the registrar of motor	10081
vehicles shall enter into an agreement to match information in the	10082
statewide voter registration database with motor vehicle records	10083
for the purpose of verifying the accuracy of the information in	10084
the statewide voter registration database and the information	10085
provided on voter registration applications, as required under 42	10086
U.S.C. 15483.	10087

(2) The secretary of state shall notify the applicable board	10088
of elections of any mismatches between voter registration	10089
information and motor vehicle records that the secretary of state	10090
receives under division (H)(1) of this section regarding persons	10091
registered to vote in the applicable county.	10092

(3)(a) Upon notification of mismatches by the secretary of	10093
state under division (H)(2) of this section, the board of	10094
elections shall notify each affected voter of the mismatch	10095
regarding the voter's information. The board shall provide the	10096
voter with the opportunity to verify and correct the mismatched	10097
information.	10098

(b) The secretary of state shall establish, by rule adopted	10099
under Chapter 119. of the Revised Code, procedures for boards of	10100
elections to notify affected voters of mismatches and to provide	10101
those voters with the opportunity to verify and correct the	10102
mismatched information under division (H)(3)(a) of this section.	10103
Rules adopted under this division shall conform to the voluntary	10104
guidelines for implementing statewide voter registration lists	10105
adopted by the United States election assistance commission.	10106

(4) Notwithstanding any provision of the Revised Code to the	10107
contrary, a mismatch shall not be the sole reason for the removal	10108
of a voter from the statewide voter registration database.	10109

(5) As used in this section, "mismatch" means any of the	10110
following data fields that are not identical to one another with	10111
respect to a particular individual when information in the	10112
statewide voter registration database is compared to motor vehicle	10113
records:	10114

(a) Driver's license number;

10115

(b) Social security number;

10116

10117

Sec. 3503.19. (A) Persons qualified to register or to change	10118
their registration because of a change of address or change of	10119
name may register or change their registration in person at any	10120
state or local office of a designated agency, at the office of the	10121
registrar or any deputy registrar of motor vehicles, at a public	10122
high school or vocational school, at a public library, at the	10123
office of a county treasurer, or at a branch office established by	10124
the board of elections, or in person, through another person, or	10125
by mail at the office of the secretary of state or at the office	10126
of a board of elections. A registered elector may also change the	10127
elector's registration on election day at any polling place where	10128
the elector is eligible to vote, in the manner provided under	10129
section 3503.16 of the Revised Code.	10130

Any state or local office of a designated agency, the office	10131
of the registrar or any deputy registrar of motor vehicles, a	10132
public high school or vocational school, a public library, or the	10133
office of a county treasurer shall transmit any voter registration	10134
application or change of registration form that it receives to the	10135
board of elections of the county in which the state or local	10136
office is located, within five days after receiving the voter	10137
registration application or change of registration form.	10138

An otherwise valid voter registration application that is	10139
returned to the appropriate office other than by mail must be	10140
received by a state or local office of a designated agency, the	10141
office of the registrar or any deputy registrar of motor vehicles,	10142
a public high school or vocational school, a public library, the	10143
office of a county treasurer, the office of the secretary of	10144
state, or the office of a board of elections no later than the	10145
thirtieth day preceding a primary, special, or general election	10146
for the person to qualify as an elector eligible to vote at that	10147
election. An otherwise valid registration application received	10148
after that day entitles the elector to vote at all subsequent	10149
elections.	10150

Any state or local office of a designated agency, the office	10151
of the registrar or any deputy registrar of motor vehicles, a	10152
public high school or vocational school, a public library, or the	10153
office of a county treasurer shall date stamp a registration	10154
application or change of name or change of address form it	10155
receives using a date stamp that does not disclose the identity of	10156
the state or local office that receives the registration.	10157

Voter registration applications, if otherwise valid, that are	10158
returned by mail to the office of the secretary of state or to the	10159
office of a board of elections must be postmarked no later than	10160
the thirtieth day preceding a primary, special, or general	10161
election in order for the person to qualify as an elector eligible	10162
to vote at that election. If an otherwise valid voter registration	10163
application that is returned by mail does not bear a postmark or a	10164
legible postmark, the registration shall be valid for that	10165
election if received by the office of the secretary of state or	10166
the office of a board of elections no later than twenty-five days	10167
preceding any special, primary, or general election.	10168

(B)(1) Any person may apply in person, by telephone, by mail,	10169
or through another person for voter registration forms to the	10170
office of the secretary of state or the office of a board of	10171
elections. An individual who is eligible to vote as a uniformed	10172
services voter or an overseas voter in accordance with 42 U.S.C.	10173
1973ff-6 also may apply for voter registration forms by electronic	10174
means to the office of the secretary of state pursuant to section	10175
3503.191 of the Revised Code.	10176

(2)(a) An applicant may return the applicant's completed	10177
registration form in person or by mail to any state or local	10178
office of a designated agency, to a public high school or	10179
vocational school, to a public library, to the office of a county	10180
treasurer, to the office of the secretary of state, or to the	10181
office of a board of elections. An applicant who is eligible to	10182
vote as a uniformed services voter or an overseas voter in	10183
accordance with 42 U.S.C. 1973ff-6 also may return the applicant's	10184
completed voter registration form electronically to the office of	10185
the secretary of state pursuant to section 3503.191 of the Revised	10186
Code.	10187

(b) Subject to division (B)(2)(c) of this section, an	10188
applicant may return the applicant's completed registration form	10189
through another person to any board of elections or the office of	10190
the secretary of state.	10191

(c) A person who receives compensation for registering a	10192
voter shall return any registration form entrusted to that person	10193
by an applicant to any board of elections or to the office of the	10194
secretary of state.	10195

(d) If a board of elections or the office of the secretary of	10196
state receives a registration form under division (B)(2)(b) or (c)	10197
of this section before the thirtieth day before an election, the	10198
board or the office of the secretary of state, as applicable,	10199
shall forward the registration to the board of elections of the	10200
county in which the applicant is seeking to register to vote	10201
within ten days after receiving the application. If a board of	10202
elections or the office of the secretary of state receives a	10203
registration form under division (B)(2)(b) or (c) of this section	10204
on or after the thirtieth day before an election, the board or the	10205
office of the secretary of state, as applicable, shall forward the	10206
registration to the board of elections of the county in which the	10207
applicant is seeking to register to vote within thirty days after	10208
that election.	10209

(C)(1) A board of elections that receives a voter	10210
registration application and is satisfied as to the truth of the	10211
statements made in the registration form shall register the	10212
applicant not later than twenty business days after receiving the	10213
application, unless that application is received during the thirty	10214
days immediately preceding the day of an election. If, on that	10215
application, the applicant has identified a political party that	10216
is a political party, as defined in section 3517.01 of the Revised	10217
Code, with which the applicant desires to be affiliated, the board	10218
of elections shall register that voter as a member of that	10219
political party as if the voter had voted that party's primary	10220
election ballot. The board shall promptly notify the applicant in	10221
writing of each of the following:	10222

(a) The applicant's registration;

10223

(b) The precinct in which the applicant is to vote;

10224

10225

"Voters must bring identification to the polls in order to	10226
verify identity. Identification may include a current and valid	10227
photo identification, a military identification, or a copy of a	10228
current utility bill, bank statement, government check, paycheck,	10229
or other government document, other than this notification ~~or a~~	10230
~~notification of an election mailed by a board of elections~~, that	10231
shows the voter's name and current address. Voters who do not	10232
provide one of these documents will still be able to vote by	10233
providing the last four digits of the voter's social security	10234
number and by casting a provisional ballot. Voters who do not have	10235
any of the above forms of identification, including a social	10236
security number, will still be able to vote by signing an	10237
affirmation swearing to the voter's identity under penalty of	10238
election falsification and by casting a provisional ballot."	10239

The notification shall be by nonforwardable mail. If the mail	10240
is returned to the board, it shall investigate and cause the	10241
notification to be delivered to the correct address.	10242

(2) Except as otherwise provided in this division, if the	10243
board finds that the applicant failed to provide all of the	10244
required information, but provided enough information on the form	10245
to enable the board to identify and contact the applicant, the	10246
board shall immediately notify the applicant of the error and give	10247
the applicant an opportunity to correct the form. If the	10248
application was submitted after the end of the voter registration	10249
period for an election, the board of elections may notify the	10250
applicant of the error not later than twenty days after completion	10251
of the official canvass for that election.	10252

The applicant may provide the required information by mail,	10253
electronic mail, telephone, or facsimile transmission, through the	10254
internet, or in person at the office of the board of elections. If	10255
the application is missing a signature, the applicant may provide	10256
a signed statement that the applicant submitted the application. A	10257
signature provided on a signed statement under this division shall	10258
be considered the applicant's signature on the application for the	10259
purposes of processing an otherwise valid application for voter	10260
registration.	10261

The secretary of state shall prescribe uniform standards for	10262
processing additional information by mail, electronic mail,	10263
telephone, facsimile transmission, through the internet, or in	10264
person at the office of the board of elections under this	10265
division.	10266

If the applicant corrects the application not less than	10267
fifteen days before the day of an election and is determined by	10268
the board of elections to be eligible to vote, the applicant shall	10269
be considered registered as of the date the application was	10270
submitted, and the board shall permit such an otherwise eligible	10271
elector to vote a regular ballot at that election.	10272

If the board of elections finds that an applicant failed to	10273
correct the application at least fifteen days before the day of an	10274
election, voted a provisional ballot at that election, and	10275
provided on the provisional ballot affirmation information	10276
sufficient to correct the voter registration application, the	10277
applicant shall be considered registered as of the date the	10278
application was submitted, and the board shall count the otherwise	10279
valid provisional ballot.	10280

(3) If, after investigating as required under division (C)(1)	10281
of this section, the board is unable to verify the voter's correct	10282
address, it shall cause the voter's name in the official	10283
registration list and in the poll list or signature pollbook to be	10284
marked to indicate that the voter's notification was returned to	10285
the board.	10286

At the first election at which a voter whose name has been so	10287
marked appears to vote, the voter shall be required to provide	10288
identification to the election officials and to vote by	10289
provisional ballot under section 3505.181 of the Revised Code. If	10290
the provisional ballot is counted pursuant to division (B)(3) of	10291
section 3505.183 of the Revised Code, the board shall correct that	10292
voter's registration, if needed, and shall remove the indication	10293
that the voter's notification was returned from that voter's name	10294
on the official registration list and on the poll list or	10295
signature pollbook. If the provisional ballot is not counted	10296
pursuant to division (B)(4)(a)(i), (v), or (vi) of section	10297
3505.183 of the Revised Code, the voter's registration shall be	10298
canceled. The board shall notify the voter by United States mail	10299
of the cancellation.	10300

~~(3)~~(4) If a notice of the disposition of an otherwise valid	10301
registration application is sent by nonforwardable mail and is	10302
returned undelivered, the person shall be registered as provided	10303
in division (C)~~(2)~~(3) of this section and sent a confirmation	10304
notice by forwardable mail. If the person fails to respond to the	10305
confirmation notice, update the person's registration, or vote by	10306
provisional ballot as provided in division (C)~~(2)~~(3) of this	10307
section in any election during the period of two federal elections	10308
subsequent to the mailing of the confirmation notice, the person's	10309
registration shall be canceled.	10310

(D)(1) A person who is qualified to change the person's	10311
registration because of a change of address or change of name	10312
under division (A) of this section or section 3503.16 of the	10313
Revised Code shall not be eligible to change the person's	10314
political party affiliation on the person's change of registration	10315
form.	10316

(2) A person who is registering to vote shall only be	10317
eligible to select a political party affiliation upon either of	10318
the following:	10319

(a) The person's initial registration within a county;

10320

(b) The person's reregistration following the cancellation of	10321
the person's prior registration under section 3503.21 of the	10322
Revised Code.	10323

After a person selects a political party affiliation on the	10324
person's registration form, the person's political party	10325
affiliation shall be determined using the standards of affiliation	10326
specified in division (C) of section 3513.05 of the Revised Code.	10327

Sec. 3503.191. (A) The secretary of state shall establish	10328
procedures that allow any person who is eligible to vote as a	10329
uniformed services voter or an overseas voter in accordance with	10330
42 U.S.C. 1973ff-6 to request voter registration forms	10331
electronically from the office of the secretary of state.	10332

(B) The procedures shall allow such a person to express a	10333
preference for the manner in which the person will receive the	10334
requested voter registration forms, whether by mail,	10335
electronically, or in person. The registration forms shall be	10336
transmitted by the preferred method. If the requestor does not	10337
express a preferred method, the registration forms shall be	10338
delivered via standard mail.	10339

(C) The secretary of state shall, by rule, establish and	10340
maintain reasonable procedures necessary to protect the security,	10341
confidentiality, and integrity of personal information collected,	10342
stored, or otherwise used in the electronic voter registration	10343
form request process established under this section. To the extent	10344
practicable, the procedures shall protect the security and	10345
integrity of the electronic voter registration form request	10346
process and protect the privacy of the identity and personal data	10347
of the person when such forms are requested, processed, and sent.	10348

(D) In establishing procedures under this section, the	10349
secretary of state shall designate at least one means of	10350
electronic communication for use by such persons to request voter	10351
registration forms, for use by the state to send voter	10352
registration forms to those who have requested electronic	10353
delivery, and for providing public election and voting	10354
information. Such designated means of electronic communication	10355
shall be identified on all information and instructional materials	10356
that accompany balloting materials.	10357

Sec. 3505.01. (A)(1) Except as otherwise provided in section	10358
3519.08 of the Revised Code, on the ~~sixtieth~~seventieth day before	10359
the day of the next general election, the secretary of state shall	10360
certify to the board of elections of each county the forms of the	10361
official ballots to be used at that general election, together	10362
with the names of the candidates to be printed on those ballots	10363
whose candidacy is to be submitted to the electors of the entire	10364
state. ~~In the case of the presidential ballot for a general~~	10365
~~election, that certification shall be made on the fifty-fifth day~~	10366
~~before the day of the general election.~~ On the ~~seventy-fifth~~	10367
seventieth day before a special election to be held on the day	10368
specified by division (E) of section 3501.01 of the Revised Code	10369
for the holding of a primary election, designated by the general	10370
assembly for the purpose of submitting to the voters of the state	10371
constitutional amendments proposed by the general assembly, the	10372
secretary of state shall certify to the board of elections of each	10373
county the forms of the official ballots to be used at that	10374
election.	10375

(2) The board of the most populous county in each district	10376
comprised of more than one county but less than all of the	10377
counties of the state, in which there are candidates whose	10378
candidacies are to be submitted to the electors of that district,	10379
shall, on the ~~sixtieth~~seventieth day before the day of the next	10380
general election, certify to the board of each county in the	10381
district the names of those candidates to be printed on such	10382
ballots.	10383

(3) The board of a county in which the major portion of a	10384
subdivision, located in more than one county, is located shall, on	10385
the ~~sixtieth~~seventieth day before the day of the next general	10386
election, certify to the board of each county in which other	10387
portions of that subdivision are located the names of candidates	10388
whose candidacies are to be submitted to the electors of that	10389
subdivision, to be printed on such ballots.	10390

(B) If, subsequently to the ~~sixtieth~~seventieth day before,	10391
~~or in the case of a presidential ballot for a general election the~~	10392
~~fifty-fifth day before,~~ and prior to the tenth day before the day	10393
of a general election, a certificate is filed with the secretary	10394
of state to fill a vacancy caused by the death of a candidate, the	10395
secretary of state shall forthwith make a supplemental	10396
certification to the board of each county amending and correcting	10397
the secretary of state's original certification provided for in	10398
the first paragraph of this section. If, within that time, such a	10399
certificate is filed with the board of the most populous county in	10400
a district comprised of more than one county but less than all of	10401
the counties of the state, or with the board of a county in which	10402
the major portion of the population of a subdivision, located in	10403
more than one county, is located, the board with which the	10404
certificate is filed shall forthwith make a supplemental	10405
certification to the board of each county in the district or to	10406
the board of each county in which other portions of the	10407
subdivision are located, amending and correcting its original	10408
certification provided for in ~~the second and third paragraphs~~	10409
division (A)(2) or (3) of this section. If, at the time such	10410
supplemental certification is received by a board, ballots	10411
carrying the name of the deceased candidate have been printed, the	10412
board shall cause strips of paper bearing the name of the	10413
candidate certified to fill the vacancy to be printed and pasted	10414
on those ballots so as to cover the name of the deceased	10415
candidate, except that in voting places using marking devices, the	10416
board shall cause strips of paper bearing the revised list of	10417
candidates for the office, after certification of a candidate to	10418
fill the vacancy, to be printed and pasted on the ballot cards so	10419
as to cover the names of candidates shown prior to the new	10420
certification, before such ballots are delivered to electors.	10421

Sec. 3505.10. (A) On the presidential ballot below the stubs	10422
at the top of the face of the ballot shall be printed "Official	10423
Presidential Ballot" centered between the side edges of the	10424
ballot. Below "Official Presidential Ballot" shall be printed a	10425
heavy line centered between the side edges of the ballot. Below	10426
the line shall be printed "Instruction to Voters" centered between	10427
the side edges of the ballot, and below those words shall be	10428
printed the following instructions:	10429

"(1) To vote for the candidates for president and	10430
vice-president whose names are printed below, record your vote in	10431
the manner provided next to the names of such candidates. That	10432
recording of the vote will be counted as a vote for each of the	10433
candidates for presidential elector whose names have been	10434
certified to the secretary of state and who are members of the	10435
same political party as the nominees for president and	10436
vice-president. A recording of the vote for independent candidates	10437
for president and vice-president shall be counted as a vote for	10438
the presidential electors filed by such candidates with the	10439
secretary of state.	10440

(2) To vote for candidates for president and vice-president	10441
in the blank space below, record your vote in the manner provided	10442
and write the names of your choice for president and	10443
vice-president under the respective headings provided for those	10444
offices. Such write-in will be counted as a vote for the	10445
candidates' presidential electors whose names have been properly	10446
certified to the secretary of state.	10447

(3) If you tear, soil, deface, or erroneously mark this	10448
ballot, return it to the precinct election officers or, if you	10449
cannot return it, notify the precinct election officers, and	10450
obtain another ballot."	10451

(B) Below those instructions to the voter shall be printed a	10452
single vertical column of enclosed rectangular spaces equal in	10453
number to the number of presidential candidates plus one	10454
additional space for write-in candidates. Each of those	10455
rectangular spaces shall be enclosed by a heavy line along each of	10456
its four sides, and such spaces shall be separated from each other	10457
by one-half inch of open space.	10458

In each of those enclosed rectangular spaces, except the	10459
space provided for write-in candidates, shall be printed the names	10460
of the candidates for president and vice-president certified to	10461
the secretary of state or nominated in one of the following	10462
manners:	10463

(1) Nominated by the national convention of a political party	10464
to which delegates and alternates were elected in this state at	10465
the next preceding primary election. A political party certifying	10466
candidates so nominated shall certify the names of those	10467
candidates to the secretary of state on or before the ~~sixtieth~~	10468
ninetieth day before the day of the general election.	10469

(2) Nominated by nominating petition in accordance with	10470
section 3513.257 of the Revised Code. Such a petition shall be	10471
filed on or before the ~~seventy-fifth~~ninetieth day before the day	10472
of the general election to provide sufficient time to verify the	10473
sufficiency and accuracy of signatures on it.	10474

(3) Certified to the secretary of state for placement on the	10475
presidential ballot by authorized officials of an intermediate or	10476
minor political party that has held a state or national convention	10477
for the purpose of choosing those candidates or that may, without	10478
a convention, certify those candidates in accordance with the	10479
procedure authorized by its party rules. The officials shall	10480
certify the names of those candidates to the secretary of state on	10481
or before the ~~sixtieth~~ninetieth day before the day of the general	10482
election. The certification shall be accompanied by a designation	10483
of a sufficient number of presidential electors to satisfy the	10484
requirements of law.	10485

The names of candidates for electors of president and	10486
vice-president shall not be placed on the ballot, but shall be	10487
certified to the secretary of state as required by sections	10488
3513.11 and 3513.257 of the Revised Code. A vote for any	10489
candidates for president and vice-president shall be a vote for	10490
the electors of those candidates whose names have been certified	10491
to the secretary of state.	10492

(C) The arrangement of the printing in each of the enclosed	10493
rectangular spaces shall be substantially as follows: Near the top	10494
and centered within the rectangular space shall be printed "For	10495
President" in ten-point boldface upper and lower case type. Below	10496
"For President" shall be printed the name of the candidate for	10497
president in twelve-point boldface upper case type. Below the name	10498
of the candidate for president shall be printed the name of the	10499
political party by which that candidate for president was	10500
nominated in eight-point lightface upper and lower case type.	10501
Below the name of such political party shall be printed "For	10502
Vice-President" in ten-point boldface upper and lower case type.	10503
Below "For Vice-President" shall be printed the name of the	10504
candidate for vice-president in twelve-point boldface upper case	10505
type. Below the name of the candidate for vice-president shall be	10506
printed the name of the political party by which that candidate	10507
for vice-president was nominated in eight-point lightface upper	10508
and lower case type. No political identification or name of any	10509
political party shall be printed below the names of presidential	10510
and vice-presidential candidates nominated by petition.	10511

The rectangular spaces on the ballot described in this	10512
section shall be rotated and printed as provided in section	10513
3505.03 of the Revised Code.	10514

Sec. 3505.13. A contract for the printing of ballots	10515
involving a cost in excess of ~~ten~~twenty-five thousand dollars	10516
shall not be let until after five days' notice published once in a	10517
leading newspaper published in the county or upon notice given by	10518
mail by the board of elections, addressed to the responsible	10519
printing offices within the state. Except as otherwise provided in	10520
this section, each bid for such printing must be accompanied by a	10521
bond with at least two sureties, or a surety company, satisfactory	10522
to the board, in a sum double the amount of the bid, conditioned	10523
upon the faithful performance of the contract for such printing as	10524
is awarded and for the payment as damages by such bidder to the	10525
board of any excess of cost over the bid which it may be obliged	10526
to pay for such work by reason of the failure of the bidder to	10527
complete the contract. No bid unaccompanied by such bond shall be	10528
considered by the board. The board may, however, waive the	10529
requirement that each bid be accompanied by a bond if the cost of	10530
the contract is ~~ten~~twenty-five thousand dollars or less. The	10531
contract shall be let to the lowest responsible bidder in the	10532
state. All ballots shall be printed within the state.	10533

Sec. 3505.184. A qualified elector who has been convicted of	10534
or pleaded guilty to a sexually oriented offense, a child-victim	10535
oriented offense, or any violation of a section in Chapter 2907.	10536
of the Revised Code and whose precinct polling location is located	10537
in a school shall not vote in that precinct polling location but	10538
may vote either an absent voter's ballot prior to the day of the	10539
election or a regular ballot at the office of the board of	10540
elections on the day of the election.	10541

As used in this section, "child-victim oriented offense" and	10542
"sexually oriented offense" have the same meanings as in section	10543
2950.01 of the Revised Code.	10544

Sec. 3505.21. (A) As used in this section, "during the	10545
casting of the ballots" includes any time during which a board of	10546
elections permits an elector to vote an absent voter's ballot in	10547
person at the office of the board or at another site designated by	10548
the board under division (C) of section 3501.10 of the Revised	10549
Code and any time ballots may be cast in a precinct polling place	10550
on the day of an election.	10551

(B) At any primary, special, or general election, any	10552
political party supporting candidates to be voted upon at such	10553
election and any group of five or more candidates may appoint to	10554
the board of elections or to any of the precincts in the county or	10555
city one person, a qualified elector, who shall serve as observer	10556
for such party or such candidates during the casting of the	10557
ballots and during the counting of the ballots; provided that	10558
separate observers may be appointed to serve during the casting	10559
and during the counting of the ballots. No candidate, no uniformed	10560
peace officer as defined by section 2935.01 of the Revised Code,	10561
no uniformed state highway patrol trooper, no uniformed member of	10562
any fire department, no uniformed member of the armed services, no	10563
uniformed member of the organized militia, no person wearing any	10564
other uniform, and no person carrying a firearm or other deadly	10565
weapon shall serve as an observer, nor shall any candidate be	10566
represented by more than one observer at any one precinct or other	10567
voting location except that a candidate who is a member of a party	10568
controlling committee, as defined in section 3517.03 of the	10569
Revised Code, may serve as an observer. ~~Any~~	10570

(C) Any political party or group of candidates appointing	10571
observers shall notify the board of elections of the names and	10572
addresses of its appointees and ~~the precincts~~each precinct or	10573
other location at which they shall serve. Notification of	10574
observers appointed to serve on the day of an election shall take	10575
place not less than eleven days before the day of the election on	10576
forms prescribed by the secretary of state and may be amended by	10577
filing an amendment with the board of elections at any time until	10578
four p.m. of the day before the election. Notification of	10579
observers appointed to serve at the office of the board or at	10580
another location during the time absent voter's ballots may be	10581
cast in person shall take place not less than eleven days before	10582
absent voter's ballots are required to be ready for use pursuant	10583
to section 3509.01 of the Revised Code on forms prescribed by the	10584
secretary of state and may be amended by filing an amendment with	10585
the board of elections at any time until four p.m. of the day	10586
before the observer is appointed to serve. The observer serving on	10587
behalf of a political party shall be appointed in writing by the	10588
chairperson and secretary of the respective controlling party	10589
committee. Observers serving for any five or more candidates shall	10590
have their certificates signed by those candidates. Observers	10591
appointed to a precinct may file their certificates of appointment	10592
with the presiding judge of the precinct at the meeting on the	10593
evening prior to the election, or with the presiding judge of the	10594
precinct on the day of the election. ~~Upon~~Observers appointed to	10595
the office of the board or another designated site to observe the	10596
casting of absent voter's ballots in person prior to the day of	10597
the election may file their certificates with the director of the	10598
board of elections the day before or on the day that the observers	10599
are scheduled to serve at the office of the board or other	10600
designated site.	10601

Upon the filing of a certificate, the person named as	10602
observer in the certificate shall be permitted to be in and about	10603
the applicable polling place ~~for the precinct~~ during the casting	10604
of the ballots and shall be permitted to watch every proceeding of	10605
the judges of elections from the time of the opening until the	10606
closing of the polls. The observer also may inspect the counting	10607
of all ballots in the polling place or board of elections from the	10608
time of the closing of the polls until the counting is completed	10609
and the final returns are certified and signed. Observers	10610
appointed to serve at the board of elections on the day of an	10611
election under this section may observe at the board of elections	10612
and may observe at any precinct in the county. The judges of	10613
elections shall protect such observers in all of the rights and	10614
privileges granted to them by Title XXXV of the Revised Code.	10615

(D) No persons other than the judges of elections, the	10616
observers, a police officer, other persons who are detailed to any	10617
precinct on request of the board of elections, or the secretary of	10618
state or the secretary of state's legal representative shall be	10619
admitted to the polling place, or any room in which a board of	10620
elections is counting ballots, after the closing of the polls	10621
until the counting, certifying, and signing of the final returns	10622
of each election have been completed.	10623

(E) Not later than four p.m. of the twentieth day prior to an	10624
election at which questions are to be submitted to a vote of the	10625
people, any committee that in good faith advocates or opposes a	10626
measure may file a petition with the board of any county asking	10627
that the petitioners be recognized as the committee entitled to	10628
appoint observers to the count at the election. If more than one	10629
committee alleging themselves to advocate or oppose the same	10630
measure file such a petition, the board shall decide and announce	10631
by registered mail to each committee not less than twelve days	10632
immediately preceding the election which committee is recognized	10633
as being entitled to appoint observers. The decision shall not be	10634
final, but any aggrieved party may institute mandamus proceedings	10635
in the court of common pleas of the county in which the board has	10636
jurisdiction to compel the judges of elections to accept the	10637
appointees of such aggrieved party. Any such recognized committee	10638
may appoint an observer to the count in each precinct. Committees	10639
appointing observers shall notify the board of elections of the	10640
names and addresses of its appointees and the precincts at which	10641
they shall serve. Notification shall take place not less than	10642
eleven days before the election on forms prescribed by the	10643
secretary of state and may be amended by filing an amendment with	10644
the board of elections at any time until four p.m. on the day	10645
before the election. A person so appointed shall file the person's	10646
certificate of appointment with the presiding judge in the	10647
precinct in which the person has been appointed to serve.	10648
Observers shall file their certificates before the polls are	10649
closed. In no case shall more than six observers be appointed for	10650
any one election in any one precinct. If more than three questions	10651
are to be voted on, the committees which have appointed observers	10652
may agree upon not to exceed six observers, and the judges of	10653
elections shall appoint such observers. If such committees fail to	10654
agree, the judges of elections shall appoint six observers from	10655
the appointees so certified, in such manner that each side of the	10656
several questions shall be represented.	10657

(F) No person shall serve as an observer at any precinct or	10658
other voting location unless the board of elections of the county	10659
in which such observer is to serve has first been notified of the	10660
name, address, and precinct or other location at which such	10661
observer is to serve. Notification to the board of elections shall	10662
be given by the political party, group of candidates, or committee	10663
appointing such observer as prescribed in this section. No such	10664
observers shall receive any compensation from the county,	10665
municipal corporation, or township, and they shall take the	10666
following oath, to be administered by one of the judges of	10667
elections:	10668

"You do solemnly swear that you will faithfully and	10669
impartially discharge the duties as an official observer, assigned	10670
by law; that you will not cause any delay to persons offering to	10671
vote; and that you will not disclose or communicate to any person	10672
how any elector has voted at such election.	10673

(G)(1) An observer who serves during the casting of the	10674
ballots shall only be permitted to do the following:	10675

(a) Watch and listen to the activities conducted by the	10676
precinct election officials and the interactions between precinct	10677
election officials and voters, as long as the precinct election	10678
officials are not delayed in performing the officials' prescribed	10679
duties and voters are not delayed in casting their ballots;	10680

(b) Make notes on the observer's observations other than by	10681
means of a photographic, video, or audio recording.	10682

(2)(a) No observer who serves during the casting of the	10683
ballots shall interact with any precinct election official or with	10684
any voter while the observer is inside the polling place, within	10685
the area between the polling place and the small flags of the	10686
United States placed on the thoroughfares and walkways leading to	10687
the polling place, or within ten feet of any elector in line	10688
waiting to vote, if the line of electors waiting to vote extends	10689
beyond those small flags.	10690

(b) An observer does not violate division (G)(2)(a) of this	10691
section as a result of an incidental interaction with a voter or a	10692
precinct election official, such as an exchange of greetings.	10693

Sec. 3505.23. No voter shall be allowed to occupy a voting	10694
compartment or use a voting machine more than ~~five~~ten minutes	10695
when all the voting compartments or machines are in use and voters	10696
are waiting to occupy them. Except as otherwise provided by	10697
section 3505.24 of the Revised Code, no voter shall occupy a	10698
voting compartment or machine with another person or speak to	10699
anyone, nor shall anyone speak to the voter, while the voter is in	10700
a voting compartment or machine.	10701

In precincts that do not use voting machines the following	10702
procedure shall be followed:	10703

If a voter tears, soils, defaces, or erroneously marks a	10704
ballot the voter may return it to the precinct election officials	10705
and a second ballot shall be issued to the voter. Before returning	10706
a torn, soiled, defaced, or erroneously marked ballot, the voter	10707
shall fold it so as to conceal any marks the voter made upon it,	10708
but the voter shall not remove Stub A therefrom. If the voter	10709
tears, soils, defaces, or erroneously marks such second ballot,	10710
the voter may return it to the precinct election officials, and a	10711
third ballot shall be issued to the voter. In no case shall more	10712
than three ballots be issued to a voter. Upon receiving a returned	10713
torn, soiled, defaced, or erroneously marked ballot the precinct	10714
election officials shall detach Stub A therefrom, write "Defaced"	10715
on the back of such ballot, and place the stub and the ballot in	10716
the separate containers provided therefor.	10717

No elector shall leave the polling place until the elector	10718
returns to the precinct election officials every ballot issued to	10719
the elector with Stub A on each ballot attached thereto,	10720
regardless of whether the elector has or has not placed any marks	10721
upon the ballot.	10722

Before leaving the voting compartment, the voter shall fold	10723
each ballot marked by the voter so that no part of the face of the	10724
ballot is visible, and so that the printing thereon indicating the	10725
kind of ballot it is and the facsimile signatures of the members	10726
of the board of elections are visible. The voter shall then leave	10727
the voting compartment, deliver the voter's ballots, and state the	10728
voter's name to the judge having charge of the ballot boxes, who	10729
shall announce the name, detach Stub A from each ballot, and	10730
announce the number on the stubs. The judges in charge of the poll	10731
lists or poll books shall check to ascertain whether the number so	10732
announced is the number on Stub B of the ballots issued to such	10733
voter, and if no discrepancy appears to exist, the judge in charge	10734
of the ballot boxes shall, in the presence of the voter, deposit	10735
each such ballot in the proper ballot box and shall place Stub A	10736
from each ballot in the container provided therefor. The voter	10737
shall then immediately leave the polling place.	10738

No ballot delivered by a voter to the judge in charge of the	10739
ballot boxes with Stub A detached therefrom, and only ballots	10740
provided in accordance with Title XXXV of the Revised Code, shall	10741
be voted or deposited in the ballot boxes.	10742

In marking a presidential ballot, the voter shall record the	10743
vote in the manner provided on the ballot next to the names of the	10744
candidates for the offices of president and vice-president. Such	10745
ballot shall be considered and counted as a vote for each of the	10746
candidates for election as presidential elector whose names were	10747
certified to the secretary of state by the political party of such	10748
nominees for president and vice-president.	10749

In marking an office type ballot or nonpartisan ballot, the	10750
voter shall record the vote in the manner provided on the ballot	10751
next to the name of each candidate for whom the voter desires to	10752
vote.	10753

In marking a primary election ballot, the voter shall record	10754
the vote in the manner provided on the ballot next to the name of	10755
each candidate for whom the voter desires to vote. If the voter	10756
desires to vote for the nomination of a person whose name is not	10757
printed on the primary election ballot, the voter may do so by	10758
writing such person's name on the ballot in the proper place	10759
provided for such purpose.	10760

In marking a questions and issues ballot, the voter shall	10761
record the vote in the manner provided on the ballot at the left	10762
or at the right of "YES" or "NO" or other words of similar import	10763
which are printed on the ballot to enable the voter to indicate	10764
how the voter votes in connection with each question or issue upon	10765
which the voter desires to vote.	10766

In marking any ballot on which a blank space has been	10767
provided wherein an elector may write in the name of a person for	10768
whom the elector desires to vote, the elector shall write such	10769
person's name in such blank space and on no other place on the	10770
ballot. Unless specific provision is made by statute, no blank	10771
space shall be provided on a ballot for write-in votes, and any	10772
names written on a ballot other than in a blank space provided	10773
therefor shall not be counted or recorded.	10774

Sec. 3505.32. (A) Except as otherwise provided in division	10775
(D) of this section, not earlier than the eleventh day or later	10776
than the fifteenth day after a general or special election ~~or, if~~	10777
~~a special election was held on the day of a presidential primary~~	10778
~~election, not earlier than the twenty-first day or later than the~~	10779
~~twenty-fifth day after the special election~~, the board of	10780
elections shall begin to canvass the election returns from the	10781
precincts in which electors were entitled to vote at that	10782
election. It shall continue the canvass daily until it is	10783
completed and the results of the voting in that election in each	10784
of the precincts are determined.	10785

The board shall complete the canvass not later than the	10786
twenty-first day after the day of the election~~, or if a special~~	10787
~~election was held on the day of a presidential primary election,~~	10788
~~not later than the thirty-first day after the day of the special~~	10789
~~election~~. Eighty-one days after the day of the election, or	10790
~~ninety-one days after the day of a special election held on the~~	10791
~~day of the presidential primary election,~~ the canvass of election	10792
returns shall be deemed final, and no amendments to the canvass	10793
may be made after that date. The secretary of state may specify an	10794
earlier date upon which the canvass of election returns shall be	10795
deemed final, and after which amendments to the final canvass may	10796
not be made, if so required by federal law.	10797

(B) The county executive committee of each political party,	10798
each committee designated in a petition nominating an independent	10799
or nonpartisan candidate for election at an election, each	10800
committee designated in a petition to represent the petitioners	10801
pursuant to which a question or issue was submitted at an	10802
election, and any committee opposing a question or issue submitted	10803
at an election that was permitted by section 3505.21 of the	10804
Revised Code to have a qualified elector serve as an observer	10805
during the counting of the ballots at each polling place at an	10806
election may designate a qualified elector who may be present and	10807
may observe the making of the official canvass.	10808

(C) The board shall first open all envelopes containing	10809
uncounted ballots and shall count and tally them.	10810

In connection with its investigation of any apparent or	10811
suspected error or defect in the election returns from a polling	10812
place, the board may cause subpoenas to be issued and served	10813
requiring the attendance before it of the election officials of	10814
that polling place, and it may examine them under oath regarding	10815
the manner in which the votes were cast and counted in that	10816
polling place, or the manner in which the returns were prepared	10817
and certified, or as to any other matters bearing upon the voting	10818
and the counting of the votes in that polling place at that	10819
election.	10820

Finally, the board shall open the sealed container containing	10821
the ballots that were counted in the polling place at the election	10822
and count those ballots, during the official canvass, in the	10823
presence of all of the members of the board and any other persons	10824
who are entitled to witness the official canvass.	10825

(D) Prior to the tenth day after a primary, general, or	10826
special election, the board may examine the pollbooks, poll lists,	10827
and tally sheets received from each polling place for its files	10828
and may compare the results of the voting in any polling place	10829
with the summary statement received from the polling place. If the	10830
board finds that any of these records or any portion of them is	10831
missing, or that they are incomplete, not properly certified, or	10832
ambiguous, or that the results of the voting in the polling place	10833
as shown on the summary statement from the polling place are	10834
different from the results of the voting in the polling place as	10835
shown by the pollbook, poll list, or tally sheet from the polling	10836
place, or that there is any other defect in the records, the board	10837
may make whatever changes to the pollbook, poll list, or tally	10838
sheet it determines to be proper in order to correct the errors or	10839
defects.	10840

Sec. 3506.02. Voting machines, marking devices, and	10841
automatic tabulating equipment may be adopted for use in elections	10842
in any county in the following manner:	10843

(A) By the board of elections;

10844

(B) By the board of county commissioners of such county on	10845
the recommendation of the board of elections;	10846

(C) By the affirmative vote of a majority of the electors of	10847
such county voting upon the question of the adoption of such	10848
equipment in such county.	10849

If a petition signed by electors equal in number to two per	10850
cent of the total votes cast in the county for the office of	10851
governor at the most recent general election for that office is	10852
filed with the board of elections, such board shall submit to the	10853
electors of such county at the next general election occurring not	10854
less than ~~seventy-five~~ninety days thereafter the question "Shall	10855
voting machines, marking devices, and automatic tabulating	10856
equipment be adopted in the county of ........................?"	10857
Upon the filing of such petition, the board of elections shall	10858
forthwith notify the board of county commissioners, and the board	10859
of county commissioners shall forthwith determine whether it would	10860
prefer to purchase or lease such equipment in whole or in part for	10861
cash and if so whether it will be necessary or advisable to issue	10862
bonds to provide funds for the purchase of such equipment, if	10863
adopted. If the board of county commissioners determines that it	10864
is necessary or advisable to issue bonds therefor, it shall by	10865
resolution provide for the submission on the same ballot, but as a	10866
separate issue, the question of issuing such bonds. The question	10867
of issuing such bonds shall be submitted as required by division	10868
(A) of section 3506.03 of the Revised Code.	10869

Sec. 3506.21. (A) As used in this section, "optical scan	10870
ballot" means a ballot that is marked by using a specified writing	10871
instrument to fill in a designated position to record a voter's	10872
candidate, question, or issue choice and that can be scanned and	10873
electronically read in order to tabulate the vote.	10874

(B)(1) In addition to marks that can be scanned and	10875
electronically read by automatic tabulating equipment, any of the	10876
following marks, if a majority of those marks are made in a	10877
consistent manner throughout an optical scan ballot, shall be	10878
counted as a valid vote:	10879

(a) A candidate, question, or issue choice that has been	10880
circled by the voter;	10881

(b) An oval beside the candidate, question, or issue choice	10882
that has been circled by the voter;	10883

(c) An oval beside the candidate, question, or issue choice	10884
that has been marked by the voter with an "x," a check mark, or	10885
other recognizable mark;	10886

(d) A candidate, question, or issue choice that has been	10887
marked with a writing instrument that cannot be recognized by	10888
automatic tabulating equipment.	10889

(2) Marks made on an optical scan ballot in accordance with	10890
division (B)(1) of this section shall be counted as valid votes	10891
only if that optical scan ballot contains no marks that can be	10892
scanned and electronically read by automatic tabulating equipment.	10893

(3) If automatic tabulating equipment detects that more marks	10894
were made on an optical scan ballot for a particular office,	10895
question, or issue than the number of selections that a voter is	10896
allowed by law to make for that office, question, or issue, the	10897
election officials shall not attempt to determine the voter's	10898
intent with regard to that office, question, or issue, and the	10899
voter's ballot shall be invalidated for that office, question, or	10900
issue. The ballot shall not be invalidated for any other office,	10901
question, or issue for which the automatic tabulating equipment	10902
detects a vote to have been cast, in accordance with the law.	10903

(C) The secretary of state may adopt rules under Chapter 119.	10904
of the Revised Code to authorize additional types of optical scan	10905
ballots and to specify the types of marks on those ballots that	10906
shall be counted as a valid vote to ensure consistency in the	10907
counting of ballots throughout the state.	10908

(D)(1) A board of elections of a county that uses optical	10909
scan ballots and automatic tabulating equipment as the primary	10910
voting system for the county shall not tabulate the unofficial	10911
results of optical scan ballots voted on election day at a central	10912
location.	10913

(2) A board of elections that provides for the tabulation at	10914
each precinct of voted ballots, and then, at a central location,	10915
combines those precinct ballot totals with ballot totals from	10916
other precincts, including optical scan ballots voted by absent	10917
voters, shall not be considered to be tabulating the unofficial	10918
results of optical scan ballots at a central location for the	10919
purpose of division (D)(1) of this section.	10920

Sec. 3509.01. (A) The board of elections of each county shall	10921
provide absent voter's ballots for use at every primary and	10922
general election, or special election to be held on the day	10923
specified by division (E) of section 3501.01 of the Revised Code	10924
for the holding of a primary election, designated by the general	10925
assembly for the purpose of submitting constitutional amendments	10926
proposed by the general assembly to the voters of the state. Those	10927
ballots shall be the same size, shall be printed on the same kind	10928
of paper, and shall be in the same form as has been approved for	10929
use at the election for which those ballots are to be voted;	10930
except that, in counties using marking devices, ballot cards may	10931
be used for absent voter's ballots, and those absent voters shall	10932
be instructed to record the vote in the manner provided on the	10933
ballot cards. In counties where punch card ballots are used, those	10934
absent voters shall be instructed to examine their marked ballot	10935
cards and to remove any chads that remain partially attached to	10936
them before returning them to election officials.	10937

(B) The rotation of names of candidates and questions and	10938
issues shall be substantially complied with on absent voter's	10939
ballots, within the limitation of time allotted. Those ballots	10940
shall be designated as "Absent Voter's Ballots." ~~and~~Except as	10941
otherwise provided in division (D) of this section, those ballots	10942
shall be printed and ready for use as follows:	10943

(1) For overseas voters and absent uniformed services voters	10944
eligible to vote under the Uniformed and Overseas Citizens	10945
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	10946
1973ff, et seq., as amended, ballots shall be printed and ready	10947
for use on the ~~thirty-fifth~~forty-fifth day before the day of the	10948
election~~, except that those ballots shall be printed and ready for~~	10949
~~use on the twenty-fifth day before the day of a presidential~~	10950
~~primary election.~~;	10951

(2) For all voters, other than overseas voters and absent	10952
uniformed services voters, who are applying to vote absent voter's	10953
ballots other than in person, ballots shall be printed and ready	10954
for use on the twenty-eighth day before the day of any election;	10955

(3) For all voters who are applying to vote absent voter's	10956
ballots in person, ballots shall be printed and ready for use	10957
beginning on the twentieth day before the day of the election and	10958
shall continue to be available for use through five p.m. on the	10959
last Saturday before the day of the election.	10960

(C) Absent voter's ballots provided for use at a general or	10961
primary election, or special election to be held on the day	10962
specified by division (E) of section 3501.01 of the Revised Code	10963
for the holding of a primary election, designated by the general	10964
assembly for the purpose of submitting constitutional amendments	10965
proposed by the general assembly to the voters of the state, shall	10966
include only those questions, issues, and candidacies that have	10967
been lawfully ordered submitted to the electors voting at that	10968
election.	10969

~~Absent~~(D) If the laws governing the holding of a special	10970
election on a day other than the day on which a primary or general	10971
election is held make it impossible for absent voter's ballots to	10972
be printed and ready for use by the deadlines established in	10973
division (B) of this section, absent voter's ballots for those	10974
special elections ~~held on days other than the day on which general~~	10975
~~or primary elections are held~~ shall be ready for use as many days	10976
before the day of the election as reasonably possible under the	10977
laws governing the holding of that special election.	10978

(E) A copy of the absent voter's ballots shall be forwarded	10979
by the director of the board in each county to the secretary of	10980
state at least twenty-five days before the election.	10981

(F) As used in this section, "chad" and "punch card ballot"	10982
have the same meanings as in section 3506.16 of the Revised Code.	10983

Sec. 3509.03. Except as provided in section 3509.031 or	10984
division (B) of section 3509.08 of the Revised Code, any qualified	10985
elector desiring to vote absent voter's ballots at an election	10986
shall make written application for those ballots to the director	10987
of elections of the county in which the elector's voting residence	10988
is located. The application need not be in any particular form but	10989
shall contain all of the following:	10990

(A) The elector's name;

10991

(B) The elector's signature;

10992

10993

(D) The elector's date of birth;

10994

(E) One of the following:

10995

(1) The elector's driver's license number;

10996

(2) The last four digits of the elector's social security	10997
number;	10998

(3) A copy of the elector's current and valid photo	10999
identification, a copy of a military identification, or a copy of	11000
a current utility bill, bank statement, government check,	11001
paycheck, or other government document, other than a notice of an	11002
election mailed by a board of elections under section 3501.19 of	11003
the Revised Code or a notice of voter registration mailed by a	11004
board of elections under section 3503.19 of the Revised Code, that	11005
shows the name and address of the elector.	11006

(F) A statement identifying the election for which absent	11007
voter's ballots are requested;	11008

(G) A statement that the person requesting the ballots is a	11009
qualified elector;	11010

(H) If the request is for primary election ballots, the	11011
elector's party affiliation;	11012

(I) If the elector desires ballots to be mailed to the	11013
elector, the address to which those ballots shall be mailed.	11014

~~A voter who will be outside the United States on the day of~~	11015
~~any election during a calendar year may use a single federal post~~	11016
~~card application to apply for absent voter's ballots. Those~~	11017
~~ballots shall be sent to the voter for use at the primary and~~	11018
~~general elections in that year and any special election to be held~~	11019
~~on the day in that year specified by division (E) of section~~	11020
~~3501.01 of the Revised Code for the holding of a primary election,~~	11021
~~designated by the general assembly for the purpose of submitting~~	11022
~~constitutional amendments proposed by the general assembly to the~~	11023
~~voters of the state unless the voter reports a change in the~~	11024
~~voter's voting status to the board of elections or the voter's~~	11025
~~intent to vote in any such election in the precinct in this state~~	11026
~~where the voter is registered to vote. A single federal postcard~~	11027
~~application shall be processed by the board of elections pursuant~~	11028
~~to section 3509.04 of the Revised Code the same as if the voter~~	11029
~~had applied separately for absent voter's ballots for each~~	11030
~~election. When mailing absent voter's ballots to a voter who~~	11031
~~applied for them by single federal post card application, the~~	11032
~~board shall enclose notification to the voter that the voter must~~	11033
~~report to the board subsequent changes in the voter's voting~~	11034
~~status or the voter's subsequent intent to vote in any such~~	11035
~~election in the precinct in this state where the voter is~~	11036
~~registered to vote. Such notification shall be in a form~~	11037
~~prescribed by the secretary of state. As used in this section,~~	11038
~~"voting status" means the voter's name at the time the voter~~	11039
~~applied for absent voter's ballots by single federal post card~~	11040
~~application and the voter's address outside the United States to~~	11041
~~which the voter requested that those ballots be sent.~~	11042

Each application for absent voter's ballots shall be	11043
delivered to the director not earlier than the first day of	11044
January of the year of the elections for which the absent voter's	11045
ballots are requested or not earlier than ninety days before the	11046
day of the election at which the ballots are to be voted,	11047
whichever is earlier, and not later than twelve noon of the third	11048
day before the day of the election at which the ballots are to be	11049
voted, or not later than the close of regular business hours on	11050
the day before the day of the election at which the ballots are to	11051
be voted if the application is delivered in person to the office	11052
of the board.	11053

Sec. 3509.04. (A) If a director of a board of elections	11054
receives an application for absent voter's ballots that does not	11055
contain all of the required information, the director promptly	11056
shall notify the applicant of the additional information required	11057
to be provided by the applicant to complete that application. The	11058
applicant may provide the required information by mail, electronic	11059
mail, telephone, or facsimile transmission, through the internet,	11060
or in person at the office of the board of elections. If the	11061
application is missing a signature, the applicant may provide a	11062
signed statement that the applicant submitted the application. A	11063
signature provided on a signed statement under this division shall	11064
be considered the applicant's signature on the application for the	11065
purposes of processing an otherwise valid application for absent	11066
voter's ballots. The secretary of state shall prescribe uniform	11067
standards for processing additional information by mail,	11068
electronic mail, telephone, facsimile transmission, through the	11069
internet, or in person at the office of the board of elections	11070
under this division.	11071

If the applicant provides the required information prior to	11072
the end of the period for voting by absent voter's ballots at that	11073
election, the board shall promptly process the application and	11074
deliver absent voter's ballots to the applicant.	11075

(B) Upon receipt by the director of elections of an	11076
application for absent voter's ballots that contain all of the	11077
required information, as provided by sections 3509.03 and 3509.031	11078
and division (G) of section 3503.16 of the Revised Code, the	11079
director, if the director finds that the applicant is a qualified	11080
elector, shall deliver to the applicant in person or mail directly	11081
to the applicant by special delivery mail, air mail, or regular	11082
mail, postage prepaid, proper absent voter's ballots. The director	11083
shall deliver or mail with the ballots an unsealed identification	11084
envelope upon the face of which shall be printed athe following	11085
form ~~substantially as follows~~:	11086

"Identification Envelope Statement of Voter	11087

I, ........................(Name of voter), declare under	11088
penalty of election falsification that the within ballot or	11089
ballots contained no voting marks of any kind when I received	11090
them, and I caused the ballot or ballots to be marked, enclosed in	11091
the identification envelope, and sealed in that envelope.	11092

My voting residence in Ohio is

11093

...................................................................	11094

(Street and Number, if any, or Rural Route and Number)	11095

of ................................ (City, Village, or Township)	11096
Ohio, which is in Ward ............... Precinct ................	11097
in that city, village, or township.	11098

The primary election ballots, if any, within this envelope	11099
are primary election ballots of the ............. Party.	11100

Ballots contained within this envelope are to be voted at the	11101
.......... (general, special, or primary) election to be held on	11102
the .......................... day of ......................, ....	11103

My date of birth is ............... (Month and Day),	11104
.......... (Year).	11105

(Voter must provide one of the following:)

11106

My driver's license number is ............... (Driver's	11107
license number).	11108

The last four digits of my Social Security Number are	11109
............... (Last four digits of Social Security Number).	11110

...... In lieu of providing a driver's license number or the	11111
last four digits of my Social Security Number, I am enclosing a	11112
copy of one of the following in the return envelope in which this	11113
identification envelope will be mailed: a current and valid photo	11114
identification, a military identification, or a current utility	11115
bill, bank statement, government check, paycheck, or other	11116
government document, other than a notice of an election mailed by	11117
a board of elections under section 3501.19 of the Revised Code or	11118
a notice of voter registration mailed by a board of elections,	11119
that shows my name and address.	11120

I hereby declare, under penalty of election falsification,	11121
that the statements above are true, as I verily believe.	11122

			11123
	(Signature of Voter)		11124

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	11125
THE FIFTH DEGREE."	11126

The board of elections shall use an internal tracking system	11127
for all delivered absent voter's ballots, which system shall allow	11128
the board of elections to locate a voter's registration	11129
information based on a returned absent voter's ballot	11130
identification envelope. The director shall mail with the ballots	11131
and the unsealed identification envelope an unsealed return	11132
envelope upon the face of which shall be printed the official	11133
title and post-office address of the director. In the upper left	11134
corner on the face of the return envelope, several blank lines	11135
shall be printed upon which the voter may write the voter's name	11136
and return address~~, and beneath these lines there shall be printed~~	11137
~~a box beside the words "check if out-of-country." The voter shall~~	11138
~~check this box if the voter will be outside the United States on~~	11139
~~the day of the election~~. The return envelope shall be of such size	11140
that the identification envelope can be conveniently placed within	11141
it for returning the identification envelope to the director. The	11142
secretary of state shall determine, by rule, whether the boards of	11143
elections shall include return postage, prepay the postage, or	11144
omit any form of postage, for any return envelope sent or	11145
otherwise delivered to an elector under this section. The rule	11146
shall require that all electors be treated uniformly and	11147
consistently regarding the provision of return postage. The	11148
secretary of state shall only require a board of elections to	11149
include return postage or prepay the postage under this section if	11150
the general assembly has appropriated money to pay such postage	11151
costs.	11152

Sec. 3509.05. (A) When an elector receives an absent voter's	11153
ballot pursuant to the elector's application or request, the	11154
elector shall, before placing any marks on the ballot, note	11155
whether there are any voting marks on it. If there are any voting	11156
marks, the ballot shall be returned immediately to the board of	11157
elections; otherwise, the elector shall cause the ballot to be	11158
marked, folded in a manner that the stub on it and the	11159
indorsements and facsimile signatures of the members of the board	11160
of elections on the back of it are visible, and placed and sealed	11161
within the identification envelope received from the director of	11162
elections for that purpose. Then, the elector shall cause the	11163
statement of voter on the outside of the identification envelope	11164
to be completed and signed, under penalty of election	11165
falsification.	11166

If the elector does not provide the elector's driver's	11167
license number or the last four digits of the elector's social	11168
security number on the statement of voter on the identification	11169
envelope, the elector also shall include in the return envelope	11170
with the identification envelope a copy of the elector's current	11171
valid photo identification, a copy of a military identification,	11172
or a copy of a current utility bill, bank statement, government	11173
check, paycheck, or other government document, other than a notice	11174
of an election mailed by a board of elections under section	11175
3501.19 of the Revised Code or a notice of voter registration	11176
mailed by a board of elections under section 3503.19 of the	11177
Revised Code, that shows the name and address of the elector.	11178

The elector shall mail the identification envelope to the	11179
director from whom it was received in the return envelope, postage	11180
prepaid, or the elector may personally deliver it to the director,	11181
or the spouse of the elector, the father, mother, father-in-law,	11182
mother-in-law, grandfather, grandmother, brother, or sister of the	11183
whole or half blood, or the son, daughter, adopting parent,	11184
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	11185
niece of the elector may deliver it to the director. The return	11186
envelope shall be transmitted to the director in no other manner,	11187
except as provided in section 3509.08 of the Revised Code.	11188

~~Each elector who will be outside the United States on the day~~	11189
~~of the election shall check the box on the return envelope~~	11190
~~indicating this fact.~~	11191

When absent voter's ballots are delivered to an elector at	11192
the office of the board, the elector may retire to a voting	11193
compartment provided by the board and there mark the ballots.	11194
Thereupon, the elector shall fold them, place them in the	11195
identification envelope provided, seal the envelope, fill in and	11196
sign the statement on the envelope under penalty of election	11197
falsification, and deliver the envelope to the director of the	11198
board.	11199

Except as otherwise provided in ~~divisions~~division (B) ~~and~~	11200
~~(C)~~ of this section, all other envelopes containing marked absent	11201
voter's ballots shall be delivered to the director not later than	11202
the close of the polls on the day of an election. Absent voter's	11203
ballots delivered to the director later than the times specified	11204
shall not be counted, but shall be kept by the board in the sealed	11205
identification envelopes in which they are delivered to the	11206
director, until the time provided by section 3505.31 of the	11207
Revised Code for the destruction of all other ballots used at the	11208
election for which ballots were provided, at which time they shall	11209
be destroyed.	11210

(B)(1) ~~Except as otherwise provided in division (B)(2) of~~	11211
~~this section, any return envelope that indicates that the voter~~	11212
~~will be outside the United States on the day of the election shall~~	11213
~~be delivered to the director prior to the eleventh day after the~~	11214
~~election. Ballots delivered in such envelopes that are received~~	11215
~~after the close of the polls on election day through the tenth day~~	11216
~~thereafter shall be counted on the eleventh day at the board of~~	11217
~~elections in the manner provided in divisions (C) and (D) of~~	11218
~~section 3509.06 of the Revised Code. Any such ballots that are~~	11219
~~signed or postmarked after the close of the polls on the day of~~	11220
~~the election or that are received by the director later than the~~	11221
~~tenth day following the election shall not be counted, but shall~~	11222
~~be kept by the board in the sealed identification envelopes as~~	11223
~~provided in division (A) of this section.~~	11224

~~(2) In any year in which a presidential primary election is~~	11225
~~held, any return envelope that indicates that the voter will be~~	11226
~~outside the United States on the day of the presidential primary~~	11227
~~election shall be delivered to the director prior to the~~	11228
~~twenty-first day after that election. Ballots delivered in such~~	11229
~~envelopes that are received after the close of the polls on~~	11230
~~election day through the twentieth day thereafter shall be counted~~	11231
~~on the twenty-first day at the board of elections in the manner~~	11232
~~provided in divisions (C) and (D) of section 3509.06 of the~~	11233
~~Revised Code. Any such ballots that are signed or postmarked after~~	11234
~~the close of the polls on the day of that election or that are~~	11235
~~received by the director later than the twentieth day following~~	11236
~~that election shall not be counted, but shall be kept by the board~~	11237
~~in the sealed identification envelopes as provided in division (A)~~	11238
~~of this section.~~	11239

~~(C)(1)~~ Except as otherwise provided in division ~~(C)~~(B)(2) of	11240
this section, any return envelope that is postmarked ~~within the~~	11241
~~United States~~ prior to the day of the election shall be delivered	11242
to the director prior to the eleventh day after the election.	11243
Ballots delivered in envelopes postmarked prior to the day of the	11244
election that are received after the close of the polls on	11245
election day through the tenth day thereafter shall be counted on	11246
the eleventh day at the board of elections in the manner provided	11247
in divisions (C) and (D) of section 3509.06 of the Revised Code.	11248
Any such ballots that are received by the director later than the	11249
tenth day following the election shall not be counted, but shall	11250
be kept by the board in the sealed identification envelopes as	11251
provided in division (A) of this section.	11252

(2) Division ~~(C)~~(B)(1) of this section shall not apply to any	11253
mail that is postmarked using a postage evidencing system,	11254
including a postage meter, as defined in 39 C.F.R. 501.1.	11255

Sec. 3509.06. (A) The board of elections shall determine	11256
whether absent voter's ballots shall be counted in each precinct,	11257
at the office of the board, or at some other location designated	11258
by the board, and shall proceed accordingly under division (B) or	11259
(C) of this section.	11260

(B) When the board of elections determines that absent	11261
voter's ballots shall be counted in each precinct, the director	11262
shall deliver to the presiding judge of each precinct on election	11263
day identification envelopes purporting to contain absent voter's	11264
ballots of electors whose voting residence appears from the	11265
statement of voter on the outside of each of those envelopes, to	11266
be located in such presiding judge's precinct, and which were	11267
received by the director not later than the close of the polls on	11268
election day. The director shall deliver to such presiding judge a	11269
list containing the name and voting residence of each person whose	11270
voting residence is in such precinct to whom absent voter's	11271
ballots were mailed.	11272

(C) When the board of elections determines that absent	11273
voter's ballots shall be counted at the office of the board of	11274
elections or at another location designated by the board, special	11275
election judges shall be appointed by the board for that purpose	11276
having the same authority as is exercised by precinct judges. The	11277
votes so cast shall be added to the vote totals by the board, and	11278
the absent voter's ballots shall be preserved separately by the	11279
board, in the same manner and for the same length of time as	11280
provided by section 3505.31 of the Revised Code.	11281

(D) Each of the identification envelopes purporting to	11282
contain absent voter's ballots delivered to the presiding judge of	11283
the precinct or the special judge appointed by the board of	11284
elections shall be handled as follows: The election officials	11285
shall compare the signature of the elector on the outside of the	11286
identification envelope with the signature of that elector on the	11287
elector's registration form and verify that the absent voter's	11288
ballot is eligible to be counted under section 3509.07 of the	11289
Revised Code. Any of the precinct officials may challenge the	11290
right of the elector named on the identification envelope to vote	11291
the absent voter's ballots upon the ground that the signature on	11292
the envelope is not the same as the signature on the registration	11293
form, that the identification envelope statement of voter has not	11294
been completed, or upon any other of the grounds upon which the	11295
right of persons to vote may be lawfully challenged. If no such	11296
challenge is made, or if such a challenge is made and not	11297
sustained, the presiding judge shall open the envelope without	11298
defacing the statement of voter and without mutilating the ballots	11299
in it, and shall remove the ballots contained in it and proceed to	11300
count them.	11301

The name of each person voting who is entitled to vote only	11302
an absent voter's presidential ballot shall be entered in a	11303
pollbook or poll list or signature pollbook followed by the words	11304
"Absentee Presidential Ballot." The name of each person voting an	11305
absent voter's ballot, other than such persons entitled to vote	11306
only a presidential ballot, shall be entered in the pollbook or	11307
poll list or signature pollbook and the person's registration card	11308
marked to indicate that the person has voted.	11309

The date of such election shall also be entered on the	11310
elector's registration form. If any such challenge is made and	11311
sustained, the identification envelope of such elector shall not	11312
be opened, shall be endorsed "Not Counted" with the reasons the	11313
ballots were not counted, and shall be delivered to the board.	11314

(E) Special election judges, employees or members of the	11315
board of elections, or observers shall not disclose the count or	11316
any portion of the count of absent voter's ballots prior to the	11317
time of the closing of the polling places. No person shall	11318
recklessly disclose the count or any portion of the count of	11319
absent voter's ballots in such a manner as to jeopardize the	11320
secrecy of any individual ballot.	11321

(F) Observers may be appointed under section 3505.21 of the	11322
Revised Code to witness the examination and opening of	11323
identification envelopes and the counting of absent voters'	11324
ballots under this section.	11325

(G)(1) If the election officials find that the voter did not	11326
sign the statement of voter on the identification envelope or if	11327
the election officials are unable to determine the identity of the	11328
voter who returned the ballot, the election officials shall use	11329
any information provided on the identification envelope or the	11330
board's internal tracking system to identify the voter for	11331
notification under division (G)(2) of this section.	11332

(2) If the voter did not sign the statement of voter on the	11333
identification envelope or if the election officials are unable to	11334
determine the identity of the voter who returned the ballot, the	11335
board of elections shall notify the voter, by whatever means of	11336
contact the voter has provided on the identification envelope or	11337
using any available contact information in the voter's	11338
registration record, of the defect and request the voter to verify	11339
the voter's identity for the purpose of processing that absent	11340
voter's ballot.	11341

(3) The voter may verify that the voter was the person who	11342
returned the absent voter's ballot in any of the following ways:	11343

(a) By confirming by mail, electronic mail, telephone, or	11344
facsimile transmission, or through the internet the voter's date	11345
of birth and residence address in a manner that substantially	11346
conforms with the records of the board of elections;	11347

(b) By providing a statement by mail, electronic mail, or	11348
facsimile transmission, or through the internet that the voter	11349
submitted the ballot and by attaching the voter's signature to	11350
that statement. A signature attached to a statement made under	11351
this division shall be considered the voter's signature on the	11352
identification envelope for the purposes of verifying the validity	11353
of that ballot.	11354

(c) By appearing in person at the office of the board of	11355
elections and signing the identification envelope.	11356

(4) The secretary of state shall prescribe uniform standards	11357
for processing additional information by mail, electronic mail,	11358
telephone, facsimile transmission, through the internet, or in	11359
person at the office of the board of elections under division (G)	11360
of this section.	11361

(5) If the voter provides the required information within ten	11362
days after the day of the election, the election officials shall	11363
complete the processing of the absent voter's ballot in the same	11364
manner as if that information had been included on the statement	11365
of voter at the time the ballot was returned.	11366

Sec. 3509.07. If election officials find that the statement	11367
accompanying an absent voter's ballot or absent voter's	11368
presidential ballot is incomplete or insufficient, that the	11369
signatures do not correspond with the person's registration	11370
signature, that the applicant is not a qualified elector in the	11371
precinct, that the ballot envelope contains more than one ballot	11372
of any one kind, or any voted ballot that the elector is not	11373
entitled to vote, that Stub A is detached from the absent voter's	11374
ballot or absent voter's presidential ballot, or that the elector	11375
has not included with the elector's ballot any identification	11376
required under section 3509.05 or 3511.09 of the Revised Code, the	11377
vote shall not be accepted or counted. The vote of any absent	11378
voter may be challenged for cause in the same manner as other	11379
votes are challenged, and the election officials shall determine	11380
the legality of that ballot. Every ballot not counted shall be	11381
endorsed on its back "Not Counted" with the reasons the ballot was	11382
not counted, and shall be enclosed and returned to or retained by	11383
the board of elections along with the contested ballots.	11384

Sec. 3511.01. Any section of the Revised Code to the	11385
contrary notwithstanding, any person ~~serving in the armed forces~~	11386
~~of the United States, or the spouse or dependent of any person~~	11387
~~serving in the armed forces of the United States who resides~~	11388
~~outside this state for the purpose of being with or near such~~	11389
~~service member~~who qualifies as a uniformed services voter or an	11390
overseas voter, as defined in 42 U.S.C. 1973ff-6, who will be	11391
eighteen years of age or more on the day of a general or special	11392
election and who is a citizen of the United States, may vote ~~armed~~	11393
~~service~~uniformed services or overseas absent voter's ballots in	11394
such general or special election as follows:	11395

(A) If ~~the service~~an absent uniformed services member is the	11396
voter, hethe service member may vote only in the precinct in	11397
which hethe service member has a voting residence in the state,	11398
and that voting residence shall be that place in the precinct in	11399
which hethe service member resided immediately preceding the	11400
commencement of such service, provided that the time during which	11401
hethe service member continuously resided in the state	11402
immediately preceding the commencement of such service plus the	11403
time subsequent to such commencement and prior to the day of such	11404
general, special, or primary election is equal to or exceeds	11405
thirty days.	11406

(B) If the spouse or dependent of ~~a service~~an absent	11407
uniformed services member is the voter, hethe spouse or dependent	11408
may vote only in the precinct in which hethe spouse or dependent	11409
has a voting residence in the state, and that voting residence	11410
shall be that place in the precinct in which hethe spouse or	11411
dependent resided immediately preceding the time of leaving the	11412
state for the purpose of being with or near the service member,	11413
provided that the time during which hethe spouse or dependent	11414
continuously resided in the state immediately preceding the time	11415
of leaving the state for the purpose of being with or near the	11416
service member plus the time subsequent to such leaving and prior	11417
to the day of such general, special, or primary election is equal	11418
to or exceeds thirty days.	11419

(C) If ~~the service~~an absent uniformed services member or ~~his~~	11420
the service member's spouse or dependent establishes a permanent	11421
residence in a precinct other than the precinct in which hethe	11422
person resided immediately preceding the commencement of ~~his~~the	11423
service member's service, the voting residence of both the service	11424
member and ~~his~~the service member's spouse or dependent shall be	11425
the precinct of such permanent residence, provided that the time	11426
during which hethe service member continuously resided in the	11427
state immediately preceding the commencement of such service plus	11428
the time subsequent to such commencement and prior to the day of	11429
such general, special, or primary election is equal to or exceeds	11430
thirty days.	11431

(D) If an overseas voter who is not an absent uniformed	11432
services voter or the spouse or dependent of an absent uniformed	11433
services voter is the voter, the overseas voter may vote only in	11434
the precinct in which the overseas voter has a voting residence in	11435
the state, and that voting residence shall be that place in the	11436
precinct in which the overseas voter resided immediately before	11437
leaving the United States, provided that the time during which the	11438
overseas voter continuously resided in the state immediately	11439
preceding such departure and prior to the day of such general,	11440
special, or primary election is equal to or exceeds thirty days.	11441

Sec. 3511.02. Notwithstanding any section of the Revised	11442
Code to the contrary, whenever any person applies for registration	11443
as a voter on a form adopted in accordance with federal	11444
regulations relating to the "Uniformed and Overseas Citizens	11445
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986),	11446
this application shall be sufficient for voter registration and as	11447
a request for an absent voter's ballot. ~~Armed service~~Uniformed	11448
services or overseas absent voter's ballots may be obtained by any	11449
person meeting the requirements of section 3511.01 of the Revised	11450
Code by applying electronically to the secretary of state in	11451
accordance with section 3511.021 of the Revised Code or by	11452
applying to the director of the board of elections of the county	11453
in which the person's voting residence is located, in one of the	11454
following ways:	11455

(A) That person may make written application for those	11456
ballots. The person may personally deliver the application to the	11457
director or may mail it, send it by facsimile machine, or	11458
otherwise send it to the director. The application need not be in	11459
any particular form but shall contain all of the following	11460
information:	11461

(1) The elector's name;

11462

(2) The elector's signature;

11463

(3) The address at which the elector is registered to vote;

11464

(4) The elector's date of birth;

11465

(5) One of the following:

11466

(a) The elector's driver's license number;

11467

(b) The last four digits of the elector's social security	11468
number;	11469

(c) A copy of the elector's current and valid photo	11470
identification, a copy of a military identification, or a copy of	11471
a current utility bill, bank statement, government check,	11472
paycheck, or other government document, other than a notice of an	11473
election mailed by a board of elections under section 3501.19 of	11474
the Revised Code or a notice of voter registration mailed by a	11475
board of elections under section 3503.19 of the Revised Code, that	11476
shows the name and address of the elector.	11477

(6) A statement identifying the election for which absent	11478
voter's ballots are requested;	11479

(7) A statement that the person requesting the ballots is a	11480
qualified elector;	11481

(8) A statement that the elector is an absent uniformed	11482
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	11483

(9) A statement of the elector's length of residence in the	11484
state immediately preceding the commencement of service or,	11485
immediately preceding the date of leaving to be with or near the	11486
service member, or immediately preceding leaving the United	11487
States, whichever is applicable;	11488

(10) If the request is for primary election ballots, the	11489
elector's party affiliation;	11490

(11) If the elector desires ballots to be mailed to the	11491
elector, the address to which those ballots shall be mailed;	11492

(12) If the elector desires ballots to be sent to the elector	11493
by facsimile machine, the telephone number to which they shall be	11494
so sent.	11495

(B) A voter or any relative of a voter listed in division (C)	11496
of this section may use a single federal post card application to	11497
apply for ~~armed service~~uniformed services or overseas absent	11498
voter's ballots for use at the primary and general elections in a	11499
given year and any special election to be held on the day in that	11500
year specified by division (E) of section 3501.01 of the Revised	11501
Code for the holding of a primary election, designated by the	11502
general assembly for the purpose of submitting constitutional	11503
amendments proposed by the general assembly to the voters of the	11504
state. A single federal postcard application shall be processed by	11505
the board of elections pursuant to section 3511.04 of the Revised	11506
Code the same as if the voter had applied separately for ~~armed~~	11507
~~service~~uniformed services or overseas absent voter's ballots for	11508
each election.	11509

(C) Application to have ~~armed service~~uniformed services or	11510
overseas absent voter's ballots mailed or sent by facsimile	11511
machine to such a person may be made by the spouse ~~when the person~~	11512
~~is a service member, or by the~~, father, mother, father-in-law,	11513
mother-in-law, grandfather, grandmother, brother or sister of the	11514
whole blood or half blood, son, daughter, adopting parent, adopted	11515
child, stepparent, stepchild, uncle, aunt, nephew, or niece of	11516
such a person. The application shall be in writing upon a blank	11517
form furnished only by the director or on a single federal post	11518
card as provided in division (B) of this section. The form of the	11519
application shall be prescribed by the secretary of state. The	11520
director shall furnish that blank form to any of the relatives	11521
specified in this division desiring to make the application, only	11522
upon the request of such a relative made in person at the office	11523
of the board or upon the written request of such a relative mailed	11524
to the office of the board. The application, subscribed and sworn	11525
to by the applicant, shall contain all of the following:	11526

(1) The full name of the elector for whom ballots are	11527
requested;	11528

(2) A statement that the elector is an absent uniformed	11529
services voter or overseas voter as defined in 42 U.S.C. 1973ff-6;	11530

(3) The address at which the elector is registered to vote;

11531

(4) A statement identifying the elector's length of residence	11532
in the state immediately preceding the commencement of service, or	11533
immediately preceding the date of leaving to be with or near a	11534
service member, or immediately preceding leaving the United	11535
States, as the case may be;	11536

(5) The elector's date of birth;

11537

(6) One of the following:

11538

(a) The elector's driver's license number;

11539

(b) The last four digits of the elector's social security	11540
number;	11541

(c) A copy of the elector's current and valid photo	11542
identification, a copy of a military identification, or a copy of	11543
a current utility bill, bank statement, government check,	11544
paycheck, or other government document, other than a notice of an	11545
election mailed by a board of elections under section 3501.19 of	11546
the Revised Code or a notice of voter registration mailed by a	11547
board of elections under section 3503.19 of the Revised Code, that	11548
shows the name and address of the elector.	11549

(7) A statement identifying the election for which absent	11550
voter's ballots are requested;	11551

(8) A statement that the person requesting the ballots is a	11552
qualified elector;	11553

(9) If the request is for primary election ballots, the	11554
elector's party affiliation;	11555

(10) A statement that the applicant bears a relationship to	11556
the elector as specified in division (C) of this section;	11557

(11) The address to which ballots shall be mailed or the	11558
telephone number to which ballots shall be sent by facsimile	11559
machine;	11560

(12) The signature and address of the person making the	11561
application.	11562

Each application for ~~armed service~~uniformed services or	11563
overseas absent voter's ballots shall be delivered to the director	11564
not earlier than the first day of January of the year of the	11565
elections for which the ~~armed service~~uniformed services or	11566
overseas absent voter's ballots are requested or not earlier than	11567
ninety days before the day of the election at which the ballots	11568
are to be voted, whichever is earlier, and not later than twelve	11569
noon of the third day preceding the day of the election, or not	11570
later than the close of regular business hours on the day before	11571
the day of the election at which those ballots are to be voted if	11572
the application is delivered in person to the office of the board.	11573

(D) If the voter for whom the application is made is entitled	11574
to vote for presidential and vice-presidential electors only, the	11575
applicant shall submit to the director in addition to the	11576
requirements of divisions (A), (B), and (C) of this section, a	11577
statement to the effect that the voter is qualified to vote for	11578
presidential and vice-presidential electors and for no other	11579
offices.	11580

Sec. 3511.021. (A)(1) The secretary of state shall establish	11581
procedures that allow any person who is eligible to vote as a	11582
uniformed services voter or an overseas voter in accordance with	11583
42 U.S.C. 1973ff-6 to request a uniformed services or overseas	11584
absent voter's ballot electronically from the office of the	11585
secretary of state.	11586

(2) The procedures shall allow such a person who requests a	11587
uniformed services or overseas absent voter's ballot application	11588
to express a preference for the manner in which the person will	11589
receive the requested application, whether by mail or	11590
electronically. If the person completes and timely returns the	11591
application and the applicant is eligible to receive a ballot, the	11592
procedures shall allow the applicant to express a preference for	11593
the manner in which the person will receive the requested blank,	11594
unvoted ballots, whether by mail or electronically. The requested	11595
items shall be transmitted by the preferred method. If the	11596
requestor does not express a preferred method, the requested items	11597
shall be delivered via standard mail.	11598

(3) To the extent practicable, the procedures shall protect	11599
the security and integrity of the ballot request and delivery	11600
process, and protect the privacy of the identity and personal data	11601
of the person when such applications and ballots are requested,	11602
processed, and sent.	11603

(4) No person shall return by electronic means to the	11604
secretary of state, a board of elections, or any other entity a	11605
completed or voted uniformed services or overseas absent voter's	11606
ballot. If a ballot is so returned, the ballot shall not be	11607
accepted, processed, or counted.	11608

(B)(1) The secretary of state shall establish a free access	11609
system to allow such a person to determine the following:	11610

(a) Whether that person's request for a uniformed services or	11611
overseas absent voter's ballot was received and processed;	11612

(b) If the person's request was received and processed, when	11613
the uniformed services or overseas absent voter's ballot was sent;	11614

(c) Whether any uniformed services or overseas absent voter's	11615
ballot returned by that person has been received by election	11616
officials;	11617

(d) Whether the board of elections found any error on the	11618
identification envelope containing the person's returned uniformed	11619
services or overseas absent voter's ballot and, if so, how the	11620
person may correct such error within ten days after the day of an	11621
election; and	11622

(e) Whether the person's uniformed services or overseas	11623
absent voter's ballot was counted.	11624

(2) The appropriate state or local election official shall	11625
establish and maintain reasonable procedures necessary to protect	11626
the security, confidentiality, and integrity of personal	11627
information collected, stored, or otherwise used by the free	11628
access system established under division (B) of this section.	11629
Access to information about an individual ballot shall be	11630
restricted to the person who cast the ballot. To the extent	11631
practicable, the procedures shall protect the security and	11632
integrity of the process and protect the privacy of the identity	11633
and personal data of the person.	11634

Sec. 3511.03. The board of elections of each county shall	11635
provide ~~armed service~~uniformed services or overseas absent	11636
voter's ballots for use at each election. Such ballots for general	11637
or primary elections shall be prescribed on the ~~sixtieth~~	11638
seventieth day before the day of such elections and shall be the	11639
same as provided for absent voters in section 3509.01 of the	11640
Revised Code.	11641

Sec. 3511.04. (A) If a director of a board of elections	11642
receives an application for ~~armed service~~uniformed services or	11643
overseas absent voter's ballots that does not contain all of the	11644
required information, the director promptly shall notify the	11645
applicant of the additional information required to be provided by	11646
the applicant to complete that application. The applicant may	11647
provide the required information by mail, electronic mail,	11648
telephone, or facsimile transmission, through the internet, or in	11649
person at the office of the board of elections. If the application	11650
is missing a signature, the applicant may provide a signed	11651
statement that the applicant submitted the application. A	11652
signature provided on a signed statement under this division shall	11653
be considered the applicant's signature on the application for the	11654
purposes of processing an otherwise valid application for	11655
uniformed services or overseas absent voter's ballots. The	11656
secretary of state shall prescribe uniform standards for	11657
processing additional information by mail, electronic mail,	11658
telephone, facsimile transmission, through the internet, or in	11659
person at the office of the board of elections under this	11660
division.	11661

If the applicant provides the required information prior to	11662
the end of the period for voting by uniformed services or overseas	11663
absent voter's ballots at that election, the board shall promptly	11664
process the application and deliver uniformed services or overseas	11665
absent voter's ballots to the applicant.	11666

(B) Not ~~later than the twenty-fifth day before the day of~~	11667
~~each presidential primary election and not~~ later than the	11668
~~thirty-fifth~~forty-fifth day before the day of each general or	11669
~~other~~ primary election, and at the earliest possible time before	11670
the day of a special election held on a day other than the day on	11671
which a general or primary election is held, the director of the	11672
board of elections shall mail or, send by facsimile machine ~~armed~~	11673
~~service~~, or otherwise send uniformed services or overseas absent	11674
voter's ballots then ready for use as provided for in section	11675
3511.03 of the Revised Code and for which the director has	11676
received valid applications prior to that time. Thereafter, and	11677
until twelve noon of the third day preceding the day of election,	11678
the director shall promptly, upon receipt of valid applications	11679
for them, mail or, send by facsimile machine, or otherwise send to	11680
the proper persons all ~~armed service~~uniformed services or	11681
overseas absent voter's ballots then ready for use.	11682

If, after the ~~sixtieth~~seventieth day before the day of a	11683
general or primary election, any other question, issue, or	11684
candidacy is lawfully ordered submitted to the electors voting at	11685
the general or primary election, the board shall promptly provide	11686
a separate official issue, special election, or other election	11687
ballot for submitting the question, issue, or candidacy to those	11688
electors, and the director shall promptly mail or send by	11689
facsimile machine each such separate ballot to each person to whom	11690
the director has previously mailed or sent by facsimile machine	11691
other ~~armed service~~uniformed services or overseas absent voter's	11692
ballots.	11693

In mailing ~~armed service~~uniformed services or overseas	11694
absent voter's ballots, the director shall use the fastest mail	11695
service available, but the director shall not mail them by	11696
certified mail.	11697

Sec. 3511.05. (A) The director of the board of elections	11698
shall place ~~armed service~~uniformed services or overseas absent	11699
voter's ballots sent by mail in an unsealed identification	11700
envelope, gummed ready for sealing. The director shall include	11701
with ~~armed service~~uniformed services or overseas absent voter's	11702
ballots sent electronically, including by facsimile machine, an	11703
instruction sheet for preparing a gummed envelope in which the	11704
ballots shall be returned. The envelope for returning ballots sent	11705
by either means shall have printed or written on its face athe	11706
following form ~~substantially as follows~~:	11707

"Identification Envelope Statement of Voter	11708

I, ........................(Name of voter), declare under	11709
penalty of election falsification that the within ballot or	11710
ballots contained no voting marks of any kind when I received	11711
them, and I caused the ballot or ballots to be marked, enclosed in	11712
the identification envelope, and sealed in that envelope.	11713

My voting residence in Ohio is

11714

...................................................................	11715

(Street and Number, if any, or Rural Route and Number)	11716

of ................................ (City, Village, or Township)	11717
Ohio, which is in Ward ............... Precinct ................	11718
in that city, village, or township.	11719

The primary election ballots, if any, within this envelope	11720
are primary election ballots of the ............. Party.	11721

Ballots contained within this envelope are to be voted at the	11722
.......... (general, special, or primary) election to be held on	11723
the .......................... day of ......................, ....	11724

My date of birth is ............... (Month and Day),	11725
.......... (Year).	11726

(Voter must provide one of the following:)

11727

My driver's license number is ............... (Driver's	11728
license number).	11729

The last four digits of my Social Security Number are	11730
............... (Last four digits of Social Security Number).	11731

...... In lieu of providing a driver's license number or the	11732
last four digits of my Social Security Number, I am enclosing a	11733
copy of one of the following in the return envelope in which this	11734
identification envelope will be mailed: a current and valid photo	11735
identification, a military identification, or a current utility	11736
bill, bank statement, government check, paycheck, or other	11737
government document, other than a notice of an election mailed by	11738
a board of elections under section 3501.19 of the Revised Code or	11739
a notice of voter registration mailed by a board of elections,	11740
that shows my name and address.	11741

I hereby declare, under penalty of election falsification,	11742
that the statements above are true, as I verily believe.	11743

			11744
	(Signature of Voter)		11745

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	11746
THE FIFTH DEGREE."	11747

(B) The director shall also mail with the ballots and the	11748
unsealed identification envelope sent by mail an unsealed return	11749
envelope, gummed, ready for sealing, for use by the voter in	11750
returning the voter's marked ballots to the director. The director	11751
shall send with the ballots and the instruction sheet for	11752
preparing a gummed envelope sent electronically, including by	11753
facsimile machine, an instruction sheet for preparing a second	11754
gummed envelope as described in this division, for use by the	11755
voter in returning that voter's marked ballots to the director.	11756
The return envelope shall have two parallel lines, each one	11757
quarter of an inch in width, printed across its face paralleling	11758
the top, with an intervening space of one quarter of an inch	11759
between such lines. The top line shall be one and one-quarter	11760
inches from the top of the envelope. Between the parallel lines	11761
shall be printed: "OFFICIAL ELECTION ~~ARMED SERVICE~~UNIFORMED	11762
SERVICES OR OVERSEAS ABSENT VOTER'S BALLOTS -- VIA AIR MAIL."	11763
Three blank lines shall be printed in the upper left corner on the	11764
face of the envelope for the use by the voter in placing the	11765
voter's complete military, naval, or mailing address on these	11766
lines, and beneath these lines there shall be printed a box beside	11767
the words "check if out-of-country." The voter shall check this	11768
box if the voter will be outside the United States on the day of	11769
the election. The official title and the post-office address of	11770
the director to whom the envelope shall be returned shall be	11771
printed on the face of such envelope in the lower right portion	11772
below the bottom parallel line. The secretary of state shall	11773
determine, by rule, whether the boards of elections shall include	11774
return postage, prepay the postage, or omit any form of postage,	11775
for any return envelope sent or otherwise delivered to an elector	11776
under this section. The rule shall require that all electors be	11777
treated uniformly and consistently regarding the provision of	11778
return postage. The secretary of state shall only require a board	11779
of elections to include return postage or prepay the postage under	11780
this section if the general assembly has appropriated money to pay	11781
such postage costs.	11782

(C) On the back of each identification envelope and each	11783
return envelope shall be printed the following:	11784

"Instructions to voter:	11785

If the flap on this envelope is so firmly stuck to the back	11786
of the envelope when received by you as to require forcible	11787
opening in order to use it, open the envelope in the manner least	11788
injurious to it, and, after marking your ballots and enclosing	11789
same in the envelope for mailing them to the director of the board	11790
of elections, reclose the envelope in the most practicable way, by	11791
sealing or otherwise, and sign the blank form printed below.	11792

The flap on this envelope was firmly stuck to the back of the	11793
envelope when received, and required forced opening before sealing	11794
and mailing.	11795

			11796
	(Signature of voter)"		11797

(D) Division (C) of this section does not apply when absent	11798
voter's ballots are sent electronically, including by facsimile	11799
machine.	11800

Sec. 3511.06. The return envelope provided for in section	11801
3511.05 of the Revised Code shall be of such size that the	11802
identification envelope can be conveniently placed within it for	11803
returning the identification envelope to the director. The	11804
envelope in which the two envelopes and the ~~armed service~~	11805
uniformed services or overseas absent voter's ballots are mailed	11806
to the elector shall have two parallel lines, each one quarter of	11807
an inch in width, printed across its face, paralleling the top,	11808
with an intervening space of one-quarter of an inch between such	11809
lines. The top line shall be one and one-quarter inches from the	11810
top of the envelope. Between the parallel lines shall be printed:	11811
"official ~~armed service~~uniformed services or overseas absent	11812
voter's balloting material--via air mail." The appropriate return	11813
address of the director of the board of elections shall be printed	11814
in the upper left corner on the face of such envelope. Several	11815
blank lines shall be printed on the face of such envelope in the	11816
lower right portion, below the bottom parallel line, for writing	11817
in the name and address of the elector to whom such envelope is	11818
mailed.	11819

Sec. 3511.08. The director of the board of elections shall	11820
keep a record of the name and address of each person to whom he	11821
the director mails or delivers ~~armed service~~uniformed services or	11822
overseas absent voter's ballots, the kinds of ballots so mailed or	11823
delivered, and the name and address of the person who made the	11824
application for such ballots. After hethe director has mailed or	11825
delivered such ballots hethe director shall not mail or deliver	11826
additional ballots of the same kind to such person pursuant to a	11827
subsequent request unless such subsequent request contains the	11828
statement that an earlier request had been sent to the director	11829
prior to the thirtieth day before the election and that the ~~armed~~	11830
~~service~~uniformed services or overseas absent voter's ballots so	11831
requested had not been received by such person prior to the	11832
fifteenth day before the election, and provided that the director	11833
has not received an identification envelope purporting to contain	11834
marked ~~armed service~~uniformed services or overseas absent voter's	11835
ballots from such person.	11836

Sec. 3511.09. Upon receiving ~~armed service~~uniformed	11837
services or overseas absent voter's ballots, the elector shall	11838
cause the questions on the face of the identification envelope to	11839
be answered, and, by writing the elector's usual signature in the	11840
proper place on the identification envelope, the elector shall	11841
declare under penalty of election falsification that the answers	11842
to those questions are true and correct to the best of the	11843
elector's knowledge and belief. Then, the elector shall note	11844
whether there are any voting marks on the ballot. If there are any	11845
voting marks, the ballot shall be returned immediately to the	11846
board of elections; otherwise, the elector shall cause the ballot	11847
to be marked, folded separately so as to conceal the markings on	11848
it, deposited in the identification envelope, and securely sealed	11849
in the identification envelope. The elector then shall cause the	11850
identification envelope to be placed within the return envelope,	11851
sealed in the return envelope, and mailed to the director of the	11852
board of elections to whom it is addressed. If the elector does	11853
not provide the elector's driver's license number or the last four	11854
digits of the elector's social security number on the statement of	11855
voter on the identification envelope, the elector also shall	11856
include in the return envelope with the identification envelope a	11857
copy of the elector's current valid photo identification, a copy	11858
of a military identification, or a copy of a current utility bill,	11859
bank statement, government check, paycheck, or other government	11860
document, other than a notice of an election mailed by a board of	11861
elections under section 3501.19 of the Revised Code or a notice of	11862
voter registration mailed by a board of elections under section	11863
3503.19 of the Revised Code, that shows the name and address of	11864
the elector. Each elector who will be outside the United States on	11865
the day of the election shall check the box on the return envelope	11866
indicating this fact and shall mail the return envelope to the	11867
director prior to the close of the polls on election day.	11868

Every ~~armed services~~uniformed services or overseas absent	11869
voter's ballot identification envelope shall be accompanied by the	11870
following statement in boldface capital letters: WHOEVER COMMITS	11871
ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.	11872

Sec. 3511.10. If, after the thirty-fifth day and before the	11873
close of the polls on the day of a general or primary election, a	11874
valid application for ~~armed service~~uniformed services or overseas	11875
absent voter's ballots is delivered to the director of the board	11876
of elections at the office of the board by a person making the	11877
application ~~in his~~on the person's own behalf, the director shall	11878
forthwith deliver to the person all ~~armed service~~uniformed	11879
services or overseas absent voter's ballots then ready for use,	11880
together with an identification envelope. The person shall then	11881
immediately retire to a voting booth in the office of the board,	11882
and mark the ballots. HeThe person shall then fold each ballot	11883
separately so as to conceal ~~his~~the person's markings thereon, and	11884
deposit all of the ballots in the identification envelope and	11885
securely seal it. Thereupon hethe person shall fill in answers to	11886
the questions on the face of the identification envelope, and by	11887
writing ~~his~~the person's usual signature in the proper place	11888
thereon, hethe person shall declare under penalty of election	11889
falsification that the answers to those questions are true and	11890
correct to the best of ~~his~~that person's knowledge and belief. He	11891
The person shall then deliver the identification envelope to the	11892
director. If thereafter, and before the third day preceding such	11893
election, the board provides additional separate official issue or	11894
special election ballots, as provided for in section 3511.04 of	11895
the Revised Code, the director shall promptly, and not later than	11896
twelve noon of the third day preceding the day of election, mail	11897
such additional ballots to such person at the address specified by	11898
~~him~~that person for that purpose.	11899

In the event any person serving in the armed forces of the	11900
United States is discharged after the closing date of	11901
registration, and hethat person or ~~his~~that person's spouse, or	11902
both, meets all the other qualifications set forth in section	11903
3511.01 of the Revised Code, ~~he or she~~the person or spouse shall	11904
be permitted to vote prior to the date of the election in the	11905
office of the board in ~~his~~the person's or spouse's county, as set	11906
forth in this section.	11907

Sec. 3511.11. (A) Upon receipt of any return envelope	11908
bearing the designation "Official Election ~~Armed Service~~Uniformed	11909
Services or Overseas Absent Voter's Ballot" prior to the	11910
~~twenty-first day after the day of a presidential primary election~~	11911
~~or prior to the~~ eleventh day after the day of any ~~other~~ election,	11912
the director of the board of elections shall open it but shall not	11913
open the identification envelope contained in it. If, upon so	11914
opening the return envelope, the director finds ballots in it that	11915
are not enclosed in and properly sealed in the identification	11916
envelope, the director shall not look at the markings upon the	11917
ballots and shall promptly place them in the identification	11918
envelope and promptly seal it. If, upon so opening the return	11919
envelope, the director finds that ballots are enclosed in the	11920
identification envelope but that it is not properly sealed, the	11921
director shall not look at the markings upon the ballots and shall	11922
promptly seal the identification envelope.	11923

(B) ~~Armed service~~(1) If the election officials find that	11924
voter did not sign the statement of voter on the identification	11925
envelope or if the election officials are unable to determine the	11926
identity of the voter who returned the ballot, the election	11927
officials shall use any information provided on the identification	11928
envelope or the board's internal tracking system to identify the	11929
voter for notification under division (B)(2) of this section.	11930

(2) If the voter did not sign the statement of voter on the	11931
identification envelope or if the election officials are unable to	11932
determine the identity of the voter who returned the ballot, the	11933
board of elections shall notify the voter, by whatever means of	11934
contact the voter has provided on the identification envelope or	11935
using any available contact information in the voter's	11936
registration record, of the defect and request the voter to verify	11937
the voter's identity for the purpose of processing that uniformed	11938
services or overseas absent voter's ballot.	11939

(3) The voter may verify that the voter was the person who	11940
returned the uniformed services or overseas absent voter's ballot	11941
in any of the following ways:	11942

(a) By confirming by mail, electronic mail, telephone, or	11943
facsimile transmission, or through the internet the voter's date	11944
of birth and residence address in a manner that substantially	11945
conforms with the records of the board of elections;	11946

(b) By providing a statement by mail, electronic mail, or	11947
facsimile transmission, or through the internet that the voter	11948
submitted the ballot and by attaching the voter's signature to	11949
that statement. A signature attached to a statement made under	11950
this division shall be considered the voter's signature on the	11951
identification envelope for the purposes of verifying the validity	11952
of that ballot.	11953

(c) By appearing in person at the office of the board of	11954
elections and signing the identification envelope.	11955

(4) The secretary of state shall prescribe uniform standards	11956
for processing additional information by mail, electronic mail,	11957
telephone, facsimile transmission, through the internet, or in	11958
person at the office of the board of elections under division (B)	11959
of this section.	11960

(5) If the voter provides the required information within ten	11961
days after the day of the election, the election officials shall	11962
complete the processing of the uniformed services or overseas	11963
absent voter's ballot in the same manner as if that information	11964
had been included on the statement of voter at the time the ballot	11965
was returned.	11966

(C) Uniformed services or overseas absent voter's ballots	11967
delivered to the director not later than the close of the polls on	11968
election day shall be counted in the manner provided in section	11969
3509.06 of the Revised Code.	11970

~~(C)~~(D) A return envelope that indicates that the voter will	11971
be outside of the United States on the day of an election is not	11972
required to be postmarked in order for ~~an armed service~~a	11973
uniformed services or overseas absent voter's ballot contained in	11974
it to be valid. Except as otherwise provided in this division,	11975
whether or not the return envelope containing the ballot is	11976
postmarked or contains an illegible postmark, ~~an armed service~~a	11977
uniformed services or overseas absent voter's ballot that is	11978
received after the close of the polls on election day through the	11979
tenth day after the election day ~~or, if the election was a~~	11980
~~presidential primary election, through the twentieth day after the~~	11981
~~election day,~~ and that is delivered in a return envelope that	11982
indicates that the voter will be outside the United States on the	11983
day of the election shall be counted on the eleventh day after the	11984
election day ~~or, if the election was a presidential primary~~	11985
~~election, on the twenty-first day after the election day,~~ at the	11986
office of the board of elections in the manner provided in	11987
divisions (C) and (D) of section 3509.06 of the Revised Code.	11988
However, if a return envelope containing ~~an armed service~~a	11989
uniformed services or overseas absent voter's ballot is so	11990
received and so indicates, but it is postmarked, or the	11991
identification envelope in it is signed, after the close of the	11992
polls on election day, the ~~armed service~~uniformed services or	11993
overseas absent voter's ballot shall not be counted.	11994

~~(D)~~(E)(1) Except as otherwise provided in division ~~(D)~~(E)(2)	11995
of this section, any return envelope containing ~~an armed service~~a	11996
uniformed services or overseas absent voter's ballot that is	11997
postmarked within the United States prior to the day of the	11998
election shall be delivered to the director prior to the eleventh	11999
day after the election. ~~Armed service~~Uniformed services or	12000
overseas absent voter's ballots delivered in envelopes postmarked	12001
prior to the day of the election that are received after the close	12002
of the polls on election day through the tenth day thereafter	12003
shall be counted on the eleventh day at the board of elections in	12004
the manner provided in divisions (C) and (D) of section 3509.06 of	12005
the Revised Code. Any such ballots that are received by the	12006
director later than the tenth day following the election shall not	12007
be counted, but shall be kept by the board in the sealed	12008
identification envelopes as provided in division (A) of this	12009
section.	12010

(2) Division ~~(D)~~(E)(1) of this section shall not apply to any	12011
mail that is postmarked using a postage evidencing system,	12012
including a postage meter, as defined in 39 C.F.R. 501.1.	12013

~~(E)~~(F) The following types of ~~armed service~~uniformed	12014
services or overseas absent voter's ballots shall not be counted:	12015

(1) ~~Armed service~~Uniformed services or overseas absent	12016
voter's ballots contained in return envelopes that bear the	12017
designation "Official Election ~~Armed Service~~Uniformed Services or	12018
Overseas Absent Voter's Ballots," that are received by the	12019
director after the close of the polls on the day of the election,	12020
and that either are postmarked, or contain an identification	12021
envelope that is signed, on or after election day;	12022

(2) ~~Armed service~~Uniformed services or overseas absent	12023
voter's ballots contained in return envelopes that bear that	12024
designation, that do not indicate they are from voters who will be	12025
outside the United States on the day of the election, and that are	12026
received after the tenth day following the election ~~or, if the~~	12027
~~election was a presidential primary election, after the twentieth~~	12028
~~day following the election~~;	12029

(3) ~~Armed service~~Uniformed services or overseas absent	12030
voter's ballots contained in return envelopes that bear that	12031
designation, that are received by the director within ten days	12032
after the day of the election, and that were postmarked before the	12033
day of the election using a postage evidencing system, including a	12034
postage meter, as defined in 39 C.F.R. 501.1.	12035

The uncounted ballots shall be preserved in their	12036
identification envelopes unopened until the time provided by	12037
section 3505.31 of the Revised Code for the destruction of all	12038
other ballots used at the election for which ballots were	12039
provided, at which time they shall be destroyed.	12040

Sec. 3511.12. In counting ~~armed service~~uniformed services	12041
or overseas absent voter's ballots pursuant to section 3511.11 of	12042
the Revised Code, the name of each voter, followed by "~~Armed~~	12043
~~Service~~Uniformed Services or Overseas Absent Voter's Ballot,"	12044
shall be written in the poll book or poll list together with such	12045
notations as will indicate the kinds of ballots the envelope	12046
contained. If any challenge is made and sustained, the	12047
identification envelope of such voter shall not be opened and	12048
shall be indorsed "not counted" with the reasons therefor.	12049

Sec. 3511.13. (A) The poll list or signature pollbook for	12050
each precinct shall identify each registered elector in that	12051
precinct who has requested ~~an armed service~~a uniformed services	12052
or overseas absent voter's ballot for that election.	12053

(B)(1) If a registered elector appears to vote in that	12054
precinct and that elector has requested ~~an armed service~~a	12055
uniformed services or overseas absent voter's ballot for that	12056
election but the director has not received a sealed identification	12057
envelope purporting to contain that elector's voted ~~armed service~~	12058
uniformed services or overseas absent voter's ballots for that	12059
election, the elector shall be permitted to cast a provisional	12060
ballot under section 3505.181 of the Revised Code in that precinct	12061
on the day of that election.	12062

(2) If a registered elector appears to vote in that precinct	12063
and that elector has requested ~~an armed service~~a uniformed	12064
services or overseas absent voter's ballot for that election and	12065
the director has received a sealed identification envelope	12066
purporting to contain that elector's voted ~~armed service~~uniformed	12067
services or overseas absent voter's ballots for that election, the	12068
elector shall be permitted to cast a provisional ballot under	12069
section 3505.181 of the Revised Code in that precinct on the day	12070
of that election.	12071

(C)(1) In counting ~~armed service~~uniformed services or	12072
overseas absent voter's ballots under section 3511.11 of the	12073
Revised Code, the board of elections shall compare the signature	12074
of each elector from whom the director has received a sealed	12075
identification envelope purporting to contain that elector's voted	12076
~~armed service~~uniformed services or overseas absent voter's	12077
ballots for that election to the signature on the elector's	12078
registration form. Except as otherwise provided in division (C)(3)	12079
of this section, if the board of elections determines that the	12080
~~armed service~~uniformed services or overseas absent voter's ballot	12081
in the sealed identification envelope is valid, it shall be	12082
counted. If the board of elections determines that the signature	12083
on the sealed identification envelope purporting to contain the	12084
elector's voted ~~armed service~~uniformed services or overseas	12085
absent voter's ballot does not match the signature on the	12086
elector's registration form, the ballot shall be set aside and the	12087
board shall examine, during the time prior to the beginning of the	12088
official canvass, the poll list or signature pollbook from the	12089
precinct in which the elector is registered to vote to determine	12090
if the elector also cast a provisional ballot under section	12091
3505.181 of the Revised Code in that precinct on the day of the	12092
election.	12093

(2) The board of elections shall count the provisional	12094
ballot, instead of the ~~armed service~~uniformed services or	12095
overseas absent voter's ballot, of an elector from whom the	12096
director has received an identification envelope purporting to	12097
contain that elector's voted ~~armed service~~uniformed services or	12098
overseas absent voter's ballots, if both of the following apply:	12099

(a) The board of elections determines that the signature of	12100
the elector on the outside of the identification envelope in which	12101
the ~~armed service~~uniformed services or overseas absent voter's	12102
ballots are enclosed does not match the signature of the elector	12103
on the elector's registration form;	12104

(b) The elector cast a provisional ballot in the precinct on	12105
the day of the election.	12106

(3) If the board of elections does not receive the sealed	12107
identification envelope purporting to contain the elector's voted	12108
~~armed service~~uniformed services or overseas absent voter's ballot	12109
by the applicable deadline established under section 3511.11 of	12110
the Revised Code, the provisional ballot cast under section	12111
3505.181 of the Revised Code in that precinct on the day of the	12112
election shall be counted as valid, if that provisional ballot is	12113
otherwise determined to be valid pursuant to section 3505.183 of	12114
the Revised Code.	12115

(D) If the board of elections counts a provisional ballot	12116
under division (C)(2) or (3) of this section, the returned	12117
identification envelope of that elector shall not be opened, and	12118
the ballot within that envelope shall not be counted. The	12119
identification envelope shall be endorsed "Not Counted" with the	12120
reason the ballot was not counted.	12121

Sec. 3511.14. A board of elections shall accept and process	12122
federal write-in ballots for all elections as required under "The	12123
Uniformed and Overseas Citizens Absentee Voting Act," Pub. L. No.	12124
99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as amended.	12125

Sec. 3513.01. (A) Except as otherwise provided in this	12126
section, on the first Tuesday after the first Monday in March of	12127
2000 and every fourth year thereafter, and on the first Tuesday	12128
after the first Monday in May of every other year, primary	12129
elections shall be held for the purpose of nominating persons as	12130
candidates of political parties for election to offices to be	12131
voted for at the succeeding general election.	12132

(B) The manner of nominating persons as candidates for	12133
election as officers of a municipal corporation having a	12134
population of two thousand or more, as ascertained by the most	12135
recent federal census, shall be the same as the manner in which	12136
candidates were nominated for election as officers in the	12137
municipal corporation in 1989 unless the manner of nominating such	12138
candidates is changed under division (C), (D), or (E) of this	12139
section.	12140

(C) Primary elections shall not be held for the nomination of	12141
candidates for election as officers of any township, or any	12142
municipal corporation having a population of less than two	12143
thousand, unless a majority of the electors of any such township	12144
or municipal corporation, as determined by the total number of	12145
votes cast in such township or municipal corporation for the	12146
office of governor at the most recent regular state election,	12147
files with the board of elections of the county within which such	12148
township or municipal corporation is located, or within which the	12149
major portion of the population thereof is located, if the	12150
municipal corporation is situated in more than one county, not	12151
later than one hundred ~~five~~twenty days before the day of a	12152
primary election, a petition signed by such electors asking that	12153
candidates for election as officers of such township or municipal	12154
corporation be nominated as candidates of political parties, in	12155
which event primary elections shall be held in such township or	12156
municipal corporation for the purpose of nominating persons as	12157
candidates of political parties for election as officers of such	12158
township or municipal corporation to be voted for at the	12159
succeeding regular municipal election. In a township or municipal	12160
corporation where a majority of the electors have filed a petition	12161
asking that candidates for election as officers of the township or	12162
municipal corporation be nominated as candidates of political	12163
parties, the nomination of candidates for a nonpartisan election	12164
may be reestablished in the manner prescribed in division (E) of	12165
this section.	12166

(D)(1) The electors in a municipal corporation having a	12167
population of two thousand or more, in which municipal officers	12168
were nominated in the most recent election by nominating petition	12169
and elected by nonpartisan election, may place on the ballot in	12170
the manner prescribed in division (D)(2) of this section the	12171
question of changing to the primary-election method of nominating	12172
persons as candidates for election as officers of the municipal	12173
corporation.	12174

(2) The board of elections of the county within which the	12175
municipal corporation is located, or, if the municipal corporation	12176
is located in more than one county, of the county within which the	12177
major portion of the population of the municipal corporation is	12178
located, shall, upon receipt of a petition signed by electors of	12179
the municipal corporation equal in number to at least ten per cent	12180
of the vote cast at the most recent regular municipal election,	12181
submit to the electors of the municipal corporation the question	12182
of changing to the primary-election method of nominating persons	12183
as candidates for election as officers of the municipal	12184
corporation. The ballot language shall be substantially as	12185
follows:	12186

"Shall candidates for election as officers of ............	12187
(name of municipal corporation) in the county of ............	12188
(name of county) be nominated as candidates of political parties?	12189

........ yes	12190

........ no"	12191

The question shall be placed on the ballot at the next	12192
general election in an even-numbered year occurring at least	12193
~~seventy-five~~ninety days after the petition is filed with the	12194
board. If a majority of the electors voting on the question vote	12195
in the affirmative, candidates for election as officers of the	12196
municipal corporation shall thereafter be nominated as candidates	12197
of political parties in primary elections, under division (A) of	12198
this section, unless a change in the manner of nominating persons	12199
as candidates for election as officers of the municipal	12200
corporation is made under division (E) of this section.	12201

(E)(1) The electors in a township or municipal corporation in	12202
which the township or municipal officers are nominated as	12203
candidates of political parties in a primary election may place on	12204
the ballot, in the manner prescribed in division (E)(2) of this	12205
section, the question of changing to the nonpartisan method of	12206
nominating persons as candidates for election as officers of the	12207
township or municipal corporation.	12208

(2) The board of elections of the county within which the	12209
township or municipal corporation is located, or, if the municipal	12210
corporation is located in more than one county, of the county	12211
within which the major portion of the population of the municipal	12212
corporation is located, shall, upon receipt of a petition signed	12213
by electors of the township or municipal corporation equal in	12214
number to at least ten per cent of the vote cast at the most	12215
recent regular township or municipal election, as appropriate,	12216
submit to the electors of the township or municipal corporation,	12217
as appropriate, the question of changing to the nonpartisan method	12218
of nominating persons as candidates for election as officers of	12219
the township or municipal corporation. The ballot language shall	12220
be substantially as follows:	12221

"Shall candidates for election as officers of ............	12222
(name of the township or municipal corporation) in the county of	12223
............ (name of county) be nominated as candidates by	12224
nominating petition and be elected only in a nonpartisan election?	12225

........ yes	12226

........ no"	12227

The question shall appear on the ballot at the next general	12228
election in an even-numbered year occurring at least ~~seventy-five~~	12229
ninety days after the petition is filed with the board. If a	12230
majority of electors voting on the question vote in the	12231
affirmative, candidates for officer of the township or municipal	12232
corporation shall thereafter be nominated by nominating petition	12233
and be elected only in a nonpartisan election, unless a change in	12234
the manner of nominating persons as candidates for election as	12235
officers of the township or municipal corporation is made under	12236
division (C) or (D) of this section.	12237

Sec. 3513.02. If, in any odd-numbered year, no valid	12238
declaration of candidacy is filed for nomination as a candidate of	12239
a political party for election to any of the offices to be voted	12240
for at the general election to be held in such year, or if the	12241
number of persons filing such declarations of candidacy for	12242
nominations as candidates of one political party for election to	12243
such offices does not exceed, as to any such office, the number of	12244
candidates which such political party is entitled to nominate as	12245
its candidates for election to such office, then no primary	12246
election shall be held for the purpose of nominating party	12247
candidates of such party for election to offices to be voted for	12248
at such general election and no primary ballots shall be provided	12249
for such party. If, however, the only office for which there are	12250
more valid declarations of candidacy filed than the number to be	12251
nominated by a political party, is the office of ~~councilman~~	12252
councilperson in a ward, a primary election shall be held for such	12253
party only in the ward or wards in which there is a contest, and	12254
only the names of the candidates for the office of ~~councilman~~	12255
councilperson in such ward shall appear on the primary ballot of	12256
such political party.	12257

The election officials whose duty it would have been to	12258
provide for and conduct the holding of such primary election,	12259
declare the results thereof, and issue certificates of nomination	12260
to the persons entitled thereto if such primary election had been	12261
held shall declare each of such persons to be nominated as of the	12262
date of the ~~seventy-fifth~~ninetieth day before the primary	12263
election, issue appropriate certificates of nomination to each of	12264
them, and certify their names to the proper election officials, in	12265
order that their names may be printed on the official ballots	12266
provided for use in the succeeding general election in the same	12267
manner as though such primary election had been held and such	12268
persons had been nominated at such election.	12269

Sec. 3513.04. Candidates for party nominations to state,	12270
district, county, and municipal offices or positions, for which	12271
party nominations are provided by law, and for election as members	12272
of party controlling committees shall have their names printed on	12273
the official primary ballot by filing a declaration of candidacy	12274
and paying the fees specified for the office under divisions (A)	12275
and (B) of section 3513.10 of the Revised Code, except that the	12276
joint candidates for party nomination to the offices of governor	12277
and lieutenant governor shall, for the two of them, file one	12278
declaration of candidacy. The joint candidates also shall pay the	12279
fees specified for the joint candidates under divisions (A) and	12280
(B) of section 3513.10 of the Revised Code.	12281

The secretary of state shall not accept for filing the	12282
declaration of candidacy of a candidate for party nomination to	12283
the office of governor unless the declaration of candidacy also	12284
shows a joint candidate for the same party's nomination to the	12285
office of lieutenant governor, shall not accept for filing the	12286
declaration of candidacy of a candidate for party nomination to	12287
the office of lieutenant governor unless the declaration of	12288
candidacy also shows a joint candidate for the same party's	12289
nomination to the office of governor, and shall not accept for	12290
filing a declaration of candidacy that shows a candidate for party	12291
nomination to the office of governor or lieutenant governor who,	12292
for the same election, has already filed a declaration of	12293
candidacy or a declaration of intent to be a write-in candidate,	12294
or has become a candidate by the filling of a vacancy under	12295
section 3513.30 of the Revised Code for any other state office or	12296
any federal or county office.	12297

No person who seeks party nomination for an office or	12298
position at a primary election by declaration of candidacy or by	12299
declaration of intent to be a write-in candidate and no person who	12300
is a first choice for president of candidates seeking election as	12301
delegates and alternates to the national conventions of the	12302
different major political parties who are chosen by direct vote of	12303
the electors as provided in this chapter shall be permitted to	12304
become a candidate by nominating petition or, by declaration of	12305
intent to be a write-in candidate, or by filing a vacancy under	12306
section 3513.31 of the Revised Code at the following general	12307
election for any office other than the office of member of the	12308
state board of education, office of member of a city, local, or	12309
exempted village board of education, office of member of a	12310
governing board of an educational service center, or office of	12311
township trustee.	12312

Sec. 3513.041. A write-in space shall be provided on the	12313
ballot for every office, except in an election for which the board	12314
of elections has received no valid declarations of intent to be a	12315
write-in candidate under this section. Write-in votes shall not be	12316
counted for any candidate who has not filed a declaration of	12317
intent to be a write-in candidate pursuant to this section. A	12318
qualified person who has filed a declaration of intent may receive	12319
write-in votes at either a primary or general election. Any	12320
candidate shall file a declaration of intent to be a write-in	12321
candidate before four p.m. of the ~~sixty-second~~seventy-second day	12322
preceding the election at which such candidacy is to be	12323
considered. If the election is to be determined by electors of a	12324
county or a district or subdivision within the county, such	12325
declaration shall be filed with the board of elections of that	12326
county. If the election is to be determined by electors of a	12327
subdivision located in more than one county, such declaration	12328
shall be filed with the board of elections of the county in which	12329
the major portion of the population of such subdivision is	12330
located. If the election is to be determined by electors of a	12331
district comprised of more than one county but less than all of	12332
the counties of the state, such declaration shall be filed with	12333
the board of elections of the most populous county in such	12334
district. Any candidate for an office to be voted upon by electors	12335
throughout the entire state shall file a declaration of intent to	12336
be a write-in candidate with the secretary of state before four	12337
p.m. of the ~~sixty-second~~seventy-second day preceding the election	12338
at which such candidacy is to be considered. In addition,	12339
candidates for president and vice-president of the United States	12340
shall also file with the secretary of state by that ~~sixty-second~~	12341
seventy-second day a slate of presidential electors sufficient in	12342
number to satisfy the requirements of the United States	12343
constitution.	12344

A board of elections shall not accept for filing the	12345
declaration of intent to be a write-in candidate of a person	12346
seeking to become a candidate if that person, for the same	12347
election, has already filed a declaration of candidacy, a	12348
declaration of intent to be a write-in candidate, or a nominating	12349
petition, or has become a candidate through party nomination at a	12350
primary election or by the filling of a vacancy under section	12351
3513.30 or 3513.31 of the Revised Code, for any federal, state, or	12352
county office, if the declaration of intent to be a write-in	12353
candidate is for a state or county office, or for any municipal or	12354
township office, for member of a city, local, or exempted village	12355
board of education, or for member of a governing board of an	12356
educational service center, if the declaration of intent to be a	12357
write-in candidate is for a municipal or township office, or for	12358
member of a city, local, or exempted village board of education,	12359
or for member of a governing board of an educational service	12360
center.	12361

No person shall file a declaration of intent to be a write-in	12362
candidate for the office of governor unless the declaration also	12363
shows the intent of another person to be a write-in candidate for	12364
the office of lieutenant governor. No person shall file a	12365
declaration of intent to be a write-in candidate for the office of	12366
lieutenant governor unless the declaration also shows the intent	12367
of another person to be a write-in candidate for the office of	12368
governor. No person shall file a declaration of intent to be a	12369
write-in candidate for the office of governor or lieutenant	12370
governor if the person has previously filed a declaration of	12371
intent to be a write-in candidate to the office of governor or	12372
lieutenant governor at the same primary or general election. A	12373
write-in vote for the two candidates who file such a declaration	12374
shall be counted as a vote for them as joint candidates for the	12375
offices of governor and lieutenant governor.	12376

The secretary of state shall not accept for filing the	12377
declaration of intent to be a write-in candidate of a person for	12378
the office of governor unless the declaration also shows the	12379
intent of another person to be a write-in candidate for the office	12380
of lieutenant governor, shall not accept for filing the	12381
declaration of intent to be a write-in candidate of a person for	12382
the office of lieutenant governor unless the declaration also	12383
shows the intent of another person to be a write-in candidate for	12384
the office of governor, and shall not accept for filing the	12385
declaration of intent to be a write-in candidate of a person to	12386
the office of governor or lieutenant governor if that person, for	12387
the same election, has already filed a declaration of candidacy, a	12388
declaration of intent to be a write-in candidate, or a nominating	12389
petition, or has become a candidate through party nomination at a	12390
primary election or by the filling of a vacancy under section	12391
3513.30 or 3513.31 of the Revised Code, for any other state office	12392
or any federal or county office.	12393

Protests against the candidacy of any person filing a	12394
declaration of intent to be a write-in candidate may be filed by	12395
any qualified elector who is eligible to vote in the election at	12396
which the candidacy is to be considered. The protest shall be in	12397
writing and shall be filed not later than four p.m. of the	12398
~~fifty-seventh~~sixty-seventh day before the day of the election.	12399
The protest shall be filed with the board of elections with which	12400
the declaration of intent to be a write-in candidate was filed.	12401
Upon the filing of the protest, the board with which it is filed	12402
shall promptly fix the time for hearing it and shall proceed in	12403
regard to the hearing in the same manner as for hearings set for	12404
protests filed under section 3513.05 of the Revised Code. At the	12405
time fixed, the board shall hear the protest and determine the	12406
validity or invalidity of the declaration of intent to be a	12407
write-in candidate. If the board finds that the candidate is not	12408
an elector of the state, district, county, or political	12409
subdivision in which the candidate seeks election to office or has	12410
not fully complied with the requirements of Title XXXV of the	12411
Revised Code in regard to the candidate's candidacy, the	12412
candidate's declaration of intent to be a write-in candidate shall	12413
be determined to be invalid and shall be rejected; otherwise, it	12414
shall be determined to be valid. The determination of the board is	12415
final.	12416

The secretary of state shall prescribe the form of the	12417
declaration of intent to be a write-in candidate.	12418

Sec. 3513.05. (A) Each person desiring to become a candidate	12419
for a party nomination or for election to an office or position to	12420
be voted for at a primary election, except persons desiring to	12421
become joint candidates for the offices of governor and lieutenant	12422
governor and except as otherwise provided in section 3513.051 of	12423
the Revised Code, shall, not later than four p.m. of the	12424
~~seventy-fifth~~ninetieth day before the day of the primary	12425
election, ~~or if the primary election is a presidential primary~~	12426
~~election, not later than four p.m. of the sixtieth day before the~~	12427
~~day of the presidential primary election,~~ file a declaration of	12428
candidacy and petition and pay the fees required under divisions	12429
(A) and (B) of section 3513.10 of the Revised Code. The	12430
declaration of candidacy and all separate petition papers shall be	12431
filed at the same time as one instrument. When the offices are to	12432
be voted for at a primary election, persons desiring to become	12433
joint candidates for the offices of governor and lieutenant	12434
governor shall, not later than four p.m. of the ~~seventy-fifth~~	12435
ninetieth day before the day of the primary election, comply with	12436
section 3513.04 of the Revised Code. The prospective joint	12437
candidates' declaration of candidacy and all separate petition	12438
papers of candidacies shall be filed at the same time as one	12439
instrument. The secretary of state or a board of elections shall	12440
not accept for filing a declaration of candidacy and petition of a	12441
person seeking to become a candidate if that person, for the same	12442
election, has already filed a declaration of candidacy or a	12443
declaration of intent to be a write-in candidate, or has become a	12444
candidate by the filling of a vacancy under section 3513.30 of the	12445
Revised Code for any federal, state, or county office, if the	12446
declaration of candidacy is for a state or county office, or for	12447
any municipal or township office, if the declaration of candidacy	12448
is for a municipal or township office.	12449

(B) If the declaration of candidacy declares a candidacy	12450
which is to be submitted to electors throughout the entire state,	12451
the petition, including a petition for joint candidates for the	12452
offices of governor and lieutenant governor, shall be signed by at	12453
least one thousand qualified electors who are members of the same	12454
political party as the candidate or joint candidates, and the	12455
declaration of candidacy and petition shall be filed with the	12456
secretary of state; provided that the secretary of state shall not	12457
accept or file any such petition appearing on its face to contain	12458
signatures of more than three thousand electors.	12459

Except as otherwise provided in this paragraph, if the	12460
declaration of candidacy is of one that is to be submitted only to	12461
electors within a district, political subdivision, or portion	12462
thereof, the petition shall be signed by not less than fifty	12463
qualified electors who are members of the same political party as	12464
the political party of which the candidate is a member. If the	12465
declaration of candidacy is for party nomination as a candidate	12466
for member of the legislative authority of a municipal corporation	12467
elected by ward, the petition shall be signed by not less than	12468
twenty-five qualified electors who are members of the political	12469
party of which the candidate is a member.	12470

No such petition, except the petition for a candidacy that is	12471
to be submitted to electors throughout the entire state, shall be	12472
accepted for filing if it appears to contain on its face	12473
signatures of more than three times the minimum number of	12474
signatures. When a petition of a candidate has been accepted for	12475
filing by a board of elections, the petition shall not be deemed	12476
invalid if, upon verification of signatures contained in the	12477
petition, the board of elections finds the number of signatures	12478
accepted exceeds three times the minimum number of signatures	12479
required. A board of elections may discontinue verifying	12480
signatures on petitions when the number of verified signatures	12481
equals the minimum required number of qualified signatures.	12482

If the declaration of candidacy declares a candidacy for	12483
party nomination or for election as a candidate of an intermediate	12484
or minor party, the minimum number of signatures on such petition	12485
is one-half the minimum number provided in this section, except	12486
that, when the candidacy is one for election as a member of the	12487
state central committee or the county central committee of a	12488
political party, the minimum number shall be the same for an	12489
intermediate or minor party as for a major party.	12490

If a declaration of candidacy is one for election as a member	12491
of the state central committee or the county central committee of	12492
a political party, the petition shall be signed by five qualified	12493
electors of the district, county, ward, township, or precinct	12494
within which electors may vote for such candidate. The electors	12495
signing such petition shall be members of the same political party	12496
as the political party of which the candidate is a member.	12497

(C) For purposes of signing or circulating a petition of	12498
candidacy for party nomination or election, an elector is	12499
considered to be a member of a political party if ~~the~~any of the	12500
following apply:	12501

(1) The elector identified, on the elector's voter	12502
registration application, that the elector desires to be	12503
affiliated with that party and the elector has not subsequently	12504
voted in any other party's primary election;	12505

(2) The elector voted in that party's primary election within	12506
the preceding two calendar years~~, or if the~~;	12507

(3) The elector did not vote in any other party's primary	12508
election within the preceding two calendar years.	12509

(D) If the declaration of candidacy is of one that is to be	12510
submitted only to electors within a county, or within a district	12511
or subdivision or part thereof smaller than a county, the petition	12512
shall be filed with the board of elections of the county. If the	12513
declaration of candidacy is of one that is to be submitted only to	12514
electors of a district or subdivision or part thereof that is	12515
situated in more than one county, the petition shall be filed with	12516
the board of elections of the county within which the major	12517
portion of the population thereof, as ascertained by the next	12518
preceding federal census, is located.	12519

A petition shall consist of separate petition papers, each of	12520
which shall contain signatures of electors of only one county.	12521
Petitions or separate petition papers containing signatures of	12522
electors of more than one county shall not thereby be declared	12523
invalid. In case petitions or separate petition papers containing	12524
signatures of electors of more than one county are filed, the	12525
board shall determine the county from which the majority of	12526
signatures came, and only signatures from such county shall be	12527
counted. Signatures from any other county shall be invalid.	12528

Each separate petition paper shall be circulated by one	12529
person only, who shall be the candidate or a joint candidate or a	12530
member of the same political party as the candidate or joint	12531
candidates, and each separate petition paper shall be governed by	12532
the rules set forth in section 3501.38 of the Revised Code.	12533

(E) The secretary of state shall promptly transmit to each	12534
board such separate petition papers of each petition accompanying	12535
a declaration of candidacy filed with the secretary of state as	12536
purport to contain signatures of electors of the county of such	12537
board. The board of the most populous county of a district shall	12538
promptly transmit to each board within such district such separate	12539
petition papers of each petition accompanying a declaration of	12540
candidacy filed with it as purport to contain signatures of	12541
electors of the county of each such board. The board of a county	12542
within which the major portion of the population of a subdivision,	12543
situated in more than one county, is located, shall promptly	12544
transmit to the board of each other county within which a portion	12545
of such subdivision is located such separate petition papers of	12546
each petition accompanying a declaration of candidacy filed with	12547
it as purport to contain signatures of electors of the portion of	12548
such subdivision in the county of each such board.	12549

All petition papers so transmitted to a board and all	12550
petitions accompanying declarations of candidacy filed with a	12551
board shall, under proper regulations, be open to public	12552
inspection until four p.m. of the ~~seventieth~~eightieth day before	12553
the day of the next primary election~~, or if that next primary~~	12554
~~election is a presidential primary election, the fifty-fifth day~~	12555
~~before that presidential primary election~~. Each board shall, not	12556
later than the ~~sixty-eighth~~seventy-eighth day before the day of	12557
that primary election, ~~or if the primary election is a~~	12558
~~presidential primary election, not later than the fifty-third day~~	12559
~~before such presidential primary election,~~ examine and determine	12560
the validity or invalidity of the signatures on the petition	12561
papers so transmitted to or filed with it and shall return to the	12562
secretary of state all petition papers transmitted to it by the	12563
secretary of state, together with its certification of its	12564
determination as to the validity or invalidity of signatures	12565
thereon, and shall return to each other board all petition papers	12566
transmitted to it by such board, together with its certification	12567
of its determination as to the validity or invalidity of the	12568
signatures thereon. All other matters affecting the validity or	12569
invalidity of such petition papers shall be determined by the	12570
secretary of state or the board with whom such petition papers	12571
were filed.	12572

(F) Protests against the candidacy of any person filing a	12573
declaration of candidacy for party nomination or for election to	12574
an office or position, as provided in this section, may be filed	12575
by any qualified elector who is a member of the same political	12576
party as the candidate and who is eligible to vote at the primary	12577
election for the candidate whose declaration of candidacy the	12578
elector objects to, or by the controlling committee of that	12579
political party. The protest shall be in writing, and shall be	12580
filed not later than four p.m. of the ~~sixty-fourth~~seventy-fourth	12581
day before the day of the primary election~~, or if the primary~~	12582
~~election is a presidential primary election, not later than four~~	12583
~~p.m. of the forty-ninth day before the day of the presidential~~	12584
~~primary election~~. The protest shall be filed with the election	12585
officials with whom the declaration of candidacy and petition was	12586
filed. Upon the filing of the protest, the election officials with	12587
whom it is filed shall promptly fix the time for hearing it, and	12588
shall forthwith mail notice of the filing of the protest and the	12589
time fixed for hearing to the person whose candidacy is so	12590
protested. They shall also forthwith mail notice of the time fixed	12591
for such hearing to the person who filed the protest. At the time	12592
fixed, such election officials shall hear the protest and	12593
determine the validity or invalidity of the declaration of	12594
candidacy and petition. If they find that such candidate is not an	12595
elector of the state, district, county, or political subdivision	12596
in which the candidate seeks a party nomination or election to an	12597
office or position, or has not fully complied with this chapter,	12598
the candidate's declaration of candidacy and petition shall be	12599
determined to be invalid and shall be rejected; otherwise, it	12600
shall be determined to be valid. That determination shall be	12601
final.	12602

A protest against the candidacy of any persons filing a	12603
declaration of candidacy for joint party nomination to the offices	12604
of governor and lieutenant governor shall be filed, heard, and	12605
determined in the same manner as a protest against the candidacy	12606
of any person filing a declaration of candidacy singly.	12607

(G) The secretary of state shall, on the ~~sixtieth~~seventieth	12608
day before the day of a primary election, ~~or if the primary~~	12609
~~election is a presidential primary election, on the forty-fifth~~	12610
~~day before the day of the presidential primary election,~~ certify	12611
to each board in the state the forms of the official ballots to be	12612
used at the primary election, together with the names of the	12613
candidates to be printed on the ballots whose nomination or	12614
election is to be determined by electors throughout the entire	12615
state and who filed valid declarations of candidacy and petitions.	12616

The board of the most populous county in a district comprised	12617
of more than one county but less than all of the counties of the	12618
state shall, on the ~~sixtieth~~seventieth day before the day of a	12619
primary election, ~~or if the primary election is a presidential~~	12620
~~primary election, on the forty-fifth day before the day of a~~	12621
~~presidential primary election,~~ certify to the board of each county	12622
in the district the names of the candidates to be printed on the	12623
official ballots to be used at the primary election, whose	12624
nomination or election is to be determined only by electors within	12625
the district and who filed valid declarations of candidacy and	12626
petitions.	12627

The board of a county within which the major portion of the	12628
population of a subdivision smaller than the county and situated	12629
in more than one county is located shall, on the ~~sixtieth~~	12630
seventieth day before the day of a primary election, ~~or if the~~	12631
~~primary election is a presidential primary election, on the~~	12632
~~forty-fifth day before the day of a presidential primary election,~~	12633
certify to the board of each county in which a portion of that	12634
subdivision is located the names of the candidates to be printed	12635
on the official ballots to be used at the primary election, whose	12636
nomination or election is to be determined only by electors within	12637
that subdivision and who filed valid declarations of candidacy and	12638
petitions.	12639

Sec. 3513.052. (A) No person shall seek nomination or	12640
election to any of the following offices or positions at the same	12641
election by filing a declaration of candidacy and petition, a	12642
declaration of intent to be a write-in candidate, or a nominating	12643
petition, or by becoming a candidate through party nomination in a	12644
primary election, or by the filling of a vacancy under section	12645
3513.30 or 3513.31 of the Revised Code:	12646

(1) Two or more state offices;

12647

(2) Two or more county offices;

12648

(3) A state office and a county office;

12649

(4) A federal office and a state or county office;

12650

(5) Any combination of two or more municipal or township	12651
offices, positions as a member of a city, local, or exempted	12652
village board of education, or positions as a member of a	12653
governing board of an educational service center.	12654

(B) The secretary of state or a board of elections shall not	12655
accept for filing a declaration of candidacy and petition, a	12656
declaration of intent to be a write-in candidate, or a nominating	12657
petition of a person seeking to become a candidate if that person,	12658
for the same election, has already filed a declaration of	12659
candidacy, a declaration of intent to be a write-in candidate, or	12660
a nominating petition, or has become a candidate through party	12661
nomination at a primary election or by the filling of a vacancy	12662
under section 3513.30 or 3513.31 of the Revised Code for:	12663

(1) Any federal, state, or county office, if the declaration	12664
of candidacy, declaration of intent to be a write-in candidate, or	12665
nominating petition is for a state or county office;	12666

(2) Any municipal or township office, or for member of a	12667
city, local, or exempted village board of education, or for member	12668
of a governing board of an educational service center, if the	12669
declaration of candidacy, declaration of intent to be a write-in	12670
candidate, or nominating petition is for a municipal or township	12671
office, or for member of a city, local, or exempted village board	12672
of education, or for member of a governing board of an educational	12673
service center.	12674

(C)(1) If the secretary of state determines, before the day	12675
of the primary election, that a person is seeking nomination to	12676
more than one office at that election in violation of division (A)	12677
of this section, the secretary of state shall do one of the	12678
following:	12679

(a) If each office or the district for each office for which	12680
the person is seeking nomination is wholly within a single county	12681
and none of those offices is a federal office, the secretary of	12682
state shall notify the board of elections of that county. The	12683
board then shall determine the date on which the person first	12684
sought to become a candidate for each of those offices by filing a	12685
declaration of candidacy or a declaration of intent to be a	12686
write-in candidate or by the filling of a vacancy under section	12687
3513.30 of the Revised Code. The board shall vote promptly to	12688
disqualify that person as a candidate for each office for which	12689
the person sought to become a candidate after the date on which	12690
the person first sought to become a candidate for any of those	12691
offices. If the board determines that the person sought to become	12692
a candidate for more than one of those offices on the same date,	12693
the board shall vote promptly to disqualify that person as a	12694
candidate for each office that would be listed on the ballot below	12695
the highest office for which that person seeks nomination,	12696
according to the ballot order prescribed under section 3505.03 of	12697
the Revised Code.	12698

(b) If one or more of the offices for which the person is	12699
seeking nomination is a state office or an office with a district	12700
larger than a single county and none of the offices for which the	12701
person is seeking nomination is a federal office, the secretary of	12702
state shall determine the date on which the person first sought to	12703
become a candidate for each of those offices by filing a	12704
declaration of candidacy or a declaration of intent to be a	12705
write-in candidate or by the filling of a vacancy under section	12706
3513.30 of the Revised Code. The secretary of state shall order	12707
the board of elections of each county in which the person is	12708
seeking to appear on the ballot to disqualify that person as a	12709
candidate for each office for which the person sought to become a	12710
candidate after the date on which the person first sought to	12711
become a candidate for any of those offices. If the secretary of	12712
state determines that the person sought to become a candidate for	12713
more than one of those offices on the same date, the secretary of	12714
state shall order the board of elections of each county in which	12715
the person is seeking to appear on the ballot to disqualify that	12716
person as a candidate for each office that would be listed on the	12717
ballot below the highest office for which that person seeks	12718
nomination, according to the ballot order prescribed under section	12719
3505.03 of the Revised Code. Each board of elections so notified	12720
shall vote promptly to disqualify the person as a candidate in	12721
accordance with the order of the secretary of state.	12722

(c) If each office or the district for each office for which	12723
the person is seeking nomination is wholly within a single county	12724
and any of those offices is a federal office, the secretary of	12725
state shall notify the board of elections of that county. The	12726
board then shall vote promptly to disqualify that person as a	12727
candidate for each office that is not a federal office.	12728

(d) If one or more of the offices for which the person is	12729
seeking nomination is a state office and any of the offices for	12730
which the person is seeking nomination is a federal office, the	12731
secretary of state shall order the board of elections of each	12732
county in which the person is seeking to appear on the ballot to	12733
disqualify that person as a candidate for each office that is not	12734
a federal office. Each board of elections so notified shall vote	12735
promptly to disqualify the person as a candidate in accordance	12736
with the order of the secretary of state.	12737

(2) If a board of elections determines, before the day of the	12738
primary election, that a person is seeking nomination to more than	12739
one office at that election in violation of division (A) of this	12740
section, the board shall do one of the following:	12741

(a) If each office or the district for each office for which	12742
the person is seeking nomination is wholly within that county and	12743
none of those offices is a federal office, the board shall	12744
determine the date on which the person first sought to become a	12745
candidate for each of those offices by filing a declaration of	12746
candidacy or a declaration of intent to be a write-in candidate or	12747
by the filling of a vacancy under section 3513.30 of the Revised	12748
Code. The board shall vote promptly to disqualify that person as a	12749
candidate for each office for which the person sought to become a	12750
candidate after the date on which the person first sought to	12751
become a candidate for any of those offices. If the board	12752
determines that the person sought to become a candidate for more	12753
than one of those offices on the same date, the board shall vote	12754
promptly to disqualify that person as a candidate for each office	12755
that would be listed on the ballot below the highest office for	12756
which that person seeks nomination, according to the ballot order	12757
prescribed under section 3505.03 of the Revised Code.	12758

(b) If one or more of the offices for which the person is	12759
seeking nomination is a state office or an office with a district	12760
larger than a single county and none of the offices for which the	12761
person is seeking nomination is a federal office, the board shall	12762
notify the secretary of state. The secretary of state then shall	12763
determine the date on which the person first sought to become a	12764
candidate for each of those offices by filing a declaration of	12765
candidacy or a declaration of intent to be a write-in candidate or	12766
by the filling of a vacancy under section 3513.30 of the Revised	12767
Code. The secretary of state shall order the board of elections of	12768
each county in which the person is seeking to appear on the ballot	12769
to disqualify that person as a candidate for each office for which	12770
the person sought to become a candidate after the date on which	12771
the person first sought to become a candidate for any of those	12772
offices. If the secretary of state determines that the person	12773
sought to become a candidate for more than one of those offices on	12774
the same date, the secretary of state shall order the board of	12775
elections of each county in which the person is seeking to appear	12776
on the ballot to disqualify that person as a candidate for each	12777
office that would be listed on the ballot below the highest office	12778
for which that person seeks nomination, according to the ballot	12779
order prescribed under section 3505.03 of the Revised Code. Each	12780
board of elections so notified shall vote promptly to disqualify	12781
the person as a candidate in accordance with the order of the	12782
secretary of state.	12783

(c) If each office or the district for each office for which	12784
the person is seeking nomination is wholly within a single county	12785
and any of those offices is a federal office, the board shall vote	12786
promptly to disqualify that person as a candidate for each office	12787
that is not a federal office.	12788

(d) If one or more of the offices for which the person is	12789
seeking nomination is a state office and any of the offices for	12790
which the person is seeking nomination is a federal office, the	12791
board shall notify the secretary of state. The secretary of state	12792
then shall order the board of elections of each county in which	12793
the person is seeking to appear on the ballot to disqualify that	12794
person as a candidate for each office that is not a federal	12795
office. Each board of elections so notified shall vote promptly to	12796
disqualify the person as a candidate in accordance with the order	12797
of the secretary of state.	12798

(D)(1) If the secretary of state determines, after the day of	12799
the primary election and before the day of the general election,	12800
that a person is seeking election to more than one office at that	12801
election in violation of division (A) of this section, the	12802
secretary of state shall do one of the following:	12803

(a) If each office or the district for each office for which	12804
the person is seeking election is wholly within a single county	12805
and none of those offices is a federal office, the secretary of	12806
state shall notify the board of elections of that county. The	12807
board then shall determine the offices for which the person seeks	12808
to appear as a candidate on the ballot. The board shall vote	12809
promptly to disqualify that person as a candidate for each office	12810
that would be listed on the ballot below the highest office for	12811
which that person seeks election, according to the ballot order	12812
prescribed under section 3505.03 of the Revised Code. If the	12813
person sought nomination at a primary election and has not yet	12814
been issued a certificate of nomination, the board shall not issue	12815
that certificate for that person for any office that would be	12816
listed on the ballot below the highest office for which that	12817
person seeks election, according to the ballot order prescribed	12818
under section 3505.03 of the Revised Code.	12819

(b) If one or more of the offices for which the person is	12820
seeking election is a state office or an office with a district	12821
larger than a single county and none of the offices for which the	12822
person is seeking election is a federal office, the secretary of	12823
state shall promptly investigate and determine the offices for	12824
which the person seeks to appear as a candidate on the ballot. The	12825
secretary of state shall order the board of elections of each	12826
county in which the person is seeking to appear on the ballot to	12827
disqualify that person as a candidate for each office that would	12828
be listed on the ballot below the highest office for which that	12829
person seeks election, according to the ballot order prescribed	12830
under section 3505.03 of the Revised Code. Each board of elections	12831
so notified shall vote promptly to disqualify the person as a	12832
candidate in accordance with the order of the secretary of state.	12833
If the person sought nomination at a primary election and has not	12834
yet been issued a certificate of nomination, the board shall not	12835
issue that certificate for that person for any office that would	12836
be listed on the ballot below the highest office for which that	12837
person seeks election, according to the ballot order prescribed	12838
under section 3505.03 of the Revised Code.	12839

(c) If each office or the district for each office for which	12840
the person is seeking election is wholly within a single county	12841
and any of those offices is a federal office, the secretary of	12842
state shall notify the board of elections of that county. The	12843
board then shall vote promptly to disqualify that person as a	12844
candidate for each office that is not a federal office. If the	12845
person sought nomination at a primary election and has not yet	12846
been issued a certificate of nomination, the board shall not issue	12847
that certificate for that person for any office that is not a	12848
federal office.	12849

(d) If one or more of the offices for which the person is	12850
seeking election is a state office and any of the offices for	12851
which the person is seeking election is a federal office, the	12852
secretary of state shall order the board of elections of each	12853
county in which the person is seeking to appear on the ballot to	12854
disqualify that person as a candidate for each office that is not	12855
a federal office. Each board of elections so notified shall vote	12856
promptly to disqualify the person as a candidate in accordance	12857
with the order of the secretary of state. If the person sought	12858
nomination at a primary election and has not yet been issued a	12859
certificate of nomination, the board shall not issue that	12860
certificate for that person for any office that is not a federal	12861
office.	12862

(2) If a board of elections determines, after the day of the	12863
primary election and before the day of the general election, that	12864
a person is seeking election to more than one office at that	12865
election in violation of division (A) of this section, the board	12866
of elections shall do one of the following:	12867

(a) If each office or the district for each office for which	12868
the person is seeking election is wholly within that county and	12869
none of those offices is a federal office, the board shall	12870
determine the offices for which the person seeks to appear as a	12871
candidate on the ballot. The board shall vote promptly to	12872
disqualify that person as a candidate for each office that would	12873
be listed on the ballot below the highest office for which that	12874
person seeks election, according to the ballot order prescribed	12875
under section 3505.03 of the Revised Code. If the person sought	12876
nomination at a primary election and has not yet been issued a	12877
certificate of nomination, the board shall not issue that	12878
certificate for that person for any office that would be listed on	12879
the ballot below the highest office for which that person seeks	12880
election, according to the ballot order prescribed under section	12881
3505.03 of the Revised Code.	12882

(b) If one or more of the offices for which the person is	12883
seeking election is a state office or an office with a district	12884
larger than a single county and none of the offices for which the	12885
person is seeking election is a federal office, the board shall	12886
notify the secretary of state. The secretary of state promptly	12887
shall investigate and determine the offices for which the person	12888
seeks to appear as a candidate on the ballot. The secretary of	12889
state shall order the board of elections of each county in which	12890
the person is seeking to appear on the ballot to disqualify that	12891
person as a candidate for each office that would be listed on the	12892
ballot below the highest office for which that person seeks	12893
election, according to the ballot order prescribed under section	12894
3505.03 of the Revised Code. Each board of elections so notified	12895
shall vote promptly to disqualify the person as a candidate in	12896
accordance with the order of the secretary of state. If the person	12897
sought nomination at a primary election and has not yet been	12898
issued a certificate of nomination, the board shall not issue that	12899
certificate for that person for any office that would be listed on	12900
the ballot below the highest office for which that person seeks	12901
election, according to the ballot order prescribed under section	12902
3505.03 of the Revised Code.	12903

(c) If each office or the district for each office for which	12904
the person is seeking election is wholly within that county and	12905
any of those offices is a federal office, the board shall vote	12906
promptly to disqualify that person as a candidate for each office	12907
that is not a federal office. If the person sought nomination at a	12908
primary election and has not yet been issued a certificate of	12909
nomination, the board shall not issue that certificate for that	12910
person for any office that is not a federal office.	12911

(d) If one or more of the offices for which the person is	12912
seeking election is a state office and any of the offices for	12913
which the person is seeking election is a federal office, the	12914
board shall notify the secretary of state. The secretary of state	12915
shall order the board of elections of each county in which the	12916
person is seeking to appear on the ballot to disqualify that	12917
person as a candidate for each office that is not a federal	12918
office. Each board of elections so notified shall vote promptly to	12919
disqualify the person as a candidate in accordance with the order	12920
of the secretary of state. If the person sought nomination at a	12921
primary election and has not yet been issued a certificate of	12922
nomination, the board shall not issue that certificate for that	12923
person for any office that is not a federal office.	12924

(E) When a person is disqualified as a candidate under	12925
division (C) or (D) of this section, on or before the ~~sixtieth~~	12926
seventieth day before the day of the applicable election, ~~or, if~~	12927
~~the election is a presidential primary election, on or before the~~	12928
~~forty-fifth day before the day of the presidential primary~~	12929
~~election,~~ the board of elections shall remove the person's name	12930
from the ballot for any office for which that person has been	12931
disqualified as a candidate according to the directions of the	12932
secretary of state. When a person is disqualified as a candidate	12933
under division (C) or (D) of this section after the ~~sixtieth~~	12934
seventieth day before the day of the applicable election, ~~or, if~~	12935
~~the election is a presidential primary election, after the~~	12936
~~forty-fifth day before the day of the presidential primary~~	12937
~~election,~~ the board of elections shall not remove the person's	12938
name from the ballot for any office for which that person has been	12939
disqualified as a candidate. The board of elections shall post a	12940
notice at each polling location on the day of the applicable	12941
election, and shall enclose with each absent voter's ballot given	12942
or mailed after the candidate is disqualified, a notice that votes	12943
for the person for the office for which the person has been	12944
disqualified as a candidate will be void and will not be counted.	12945
If the name is not removed from the ballots before the day of the	12946
election, the votes for the disqualified candidate are void and	12947
shall not be counted.	12948

(F) Any vacancy created by the disqualification of a person	12949
as a candidate under division (C) or (D) of this section may be	12950
filled in the manner provided for in sections 3513.30 and 3513.31	12951
of the Revised Code.	12952

(G) Nothing in this section or section 3513.04, 3513.041,	12953
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,	12954
3513.259, or 3513.261 of the Revised Code prohibits, and the	12955
secretary of state or a board of elections shall not disqualify, a	12956
person from being a candidate for an office, if that person timely	12957
withdraws as a candidate for any offices specified in division (A)	12958
of this section for which that person first sought to become a	12959
candidate by filing a declaration of candidacy and petition, a	12960
declaration of intent to be a write-in candidate, or a nominating	12961
petition, by party nomination in a primary election, or by the	12962
filling of a vacancy under section 3513.30 or 3513.31 of the	12963
Revised Code.	12964

(H) As used in this section:

12965

(1) "State office" means the offices of governor, lieutenant	12966
governor, secretary of state, auditor of state, treasurer of	12967
state, attorney general, member of the state board of education,	12968
member of the general assembly, chief justice of the supreme	12969
court, and justice of the supreme court.	12970

(2) "Timely withdraws" means either of the following:

12971

(a) Withdrawing as a candidate before the applicable deadline	12972
for filing a declaration of candidacy, declaration of intent to be	12973
a write-in candidate, or nominating petition for the subsequent	12974
office for which the person is seeking to become a candidate at	12975
the same election;	12976

(b) Withdrawing as a candidate before the applicable deadline	12977
for the filling of a vacancy under section 3513.30 or 3513.31 of	12978
the Revised Code, if the person is seeking to become a candidate	12979
for a subsequent office at the same election under either of those	12980
sections.	12981

Sec. 3513.121. (A) Any candidate for the presidency of the	12982
United States who is eligible to receive payments under the	12983
"Presidential Primary Matching Payment Account Act," 88 Stat. 1297	12984
(1974), 26 U.S.C.A. 9031, et seq., as amended, may file with the	12985
secretary of state a declaration of candidacy not later than four	12986
p.m. of the ~~sixtieth~~ninetieth day before the presidential primary	12987
election held in the same year the candidate is eligible to	12988
receive such payments. The candidate shall indicate on ~~his~~the	12989
candidate's declaration of candidacy the congressional districts	12990
in this state where ~~his~~the candidate's candidacy is to be	12991
submitted to the electors. Any candidate who files a declaration	12992
of candidacy pursuant to this division shall also file, or shall	12993
cause to be filed by a person authorized in writing to represent	12994
~~him~~the candidate, not later than four p.m. of the ~~sixtieth~~	12995
ninetieth day before the same primary election, a list of	12996
candidates for district delegate and alternate to the national	12997
convention of ~~his~~the candidate's political party who have been	12998
selected in accordance with rules adopted by the state central	12999
committee of ~~his~~the candidate's political party. The candidates	13000
for district delegate and alternate whose names appear on this	13001
list shall be represented on the ballot in accordance with section	13002
3513.151 of the Revised Code in every congressional district that	13003
the presidential candidate named in ~~his~~the presidential	13004
candidate's declaration of candidacy, provided that such	13005
candidates meet the other requirements of this section.	13006

(B) Candidates for delegate at large and alternate at large	13007
to the national convention of a political party for a presidential	13008
candidate who submits a declaration of candidacy in accordance	13009
with division (A) of this section shall be selected in accordance	13010
with rules adopted by the state central committee of the	13011
presidential candidate's political party.	13012

(C) Each candidate for district delegate and alternate to the	13013
national convention of a political party selected pursuant to	13014
division (A) of this section shall file or shall cause to be filed	13015
with the secretary of state, not later than four p.m. of the	13016
~~sixtieth~~ninetieth day before the presidential primary election in	13017
which hethe person is a candidate, both of the following:	13018

(1) A declaration of candidacy in the form prescribed in	13019
section 3513.07 of the Revised Code, but not the petition	13020
prescribed in that section;	13021

(2) A statement in writing signed by the candidate in which	13022
hethe candidate states ~~his~~the candidate's first and second	13023
choices for nomination as the candidate of ~~his~~the candidate's	13024
party for the presidency of the United States.	13025

(D) A declaration of candidacy filed pursuant to division (A)	13026
of this section shall be in substantially the form prescribed in	13027
section 3513.07 of the Revised Code except that the secretary of	13028
state shall modify that form to include spaces for a presidential	13029
candidate to indicate in which congressional districts hethe	13030
candidate wishes ~~his~~the candidate's candidacy to be submitted to	13031
the electors and shall modify it in any other ways necessary to	13032
adapt it to use by presidential candidates. A candidate who files	13033
a declaration of candidacy pursuant to division (A) of this	13034
section shall not file the petition prescribed in section 3513.07	13035
of the Revised Code.	13036

(E) Section 3513.151 of the Revised Code applies in regard to	13037
candidates for delegate and alternate to the national convention	13038
of a political party selected pursuant to this section. The state	13039
central committee of the political party of any presidential	13040
candidate who files a declaration of candidacy pursuant to	13041
division (A) of this section shall file with the secretary of	13042
state the rules of its political party in accordance with division	13043
(E) of section 3513.151 of the Revised Code.	13044

(F) The procedures for the selection of candidates for	13045
delegate and alternate to the national convention of a political	13046
party set forth in this section and in section 3513.12 of the	13047
Revised Code are alternative procedures, and if the procedures of	13048
this section are followed, the procedures of section 3513.12 of	13049
the Revised Code need not be followed.	13050

Sec. 3513.122. Political parties shall be eligible to elect	13051
delegates and alternates to national conventions or conferences of	13052
their respective political parties, other than conventions	13053
provided for in section 3513.12 of the Revised Code, if they	13054
notify the secretary of state that they will elect such delegates.	13055
Such notification must be made prior to the ~~ninetieth~~one hundred	13056
fifth day before the day of the primary election which occurs in	13057
any year at which national convention or conference delegates and	13058
alternates are elected.	13059

Petitions of candidacy for such delegates shall be filed in	13060
the form and manner provided by the secretary of state.	13061

Any political party electing delegates to a national	13062
convention or conference under this section in an odd-numbered	13063
year in which a statewide primary election is not otherwise	13064
required shall pay all expenses of that election.	13065

Sec. 3513.151. (A) Candidates for delegate and alternate to	13066
the national convention of a political party shall be represented	13067
on the ballot, or their names shall appear on the ballot, in	13068
accordance with this section, but only in a manner that enables an	13069
elector to record the vote in the space provided for it by the	13070
name of the first choice for president so that the recording of	13071
the vote is counted as a vote cast for each candidate for delegate	13072
or alternate who has declared such person as that candidate's	13073
first choice for president.	13074

(B) The names of candidates for delegate at large and	13075
alternate at large to the national convention of a political party	13076
shall not appear on the ballot. Such candidates shall be	13077
represented on the ballot by their stated first choice for	13078
president.	13079

(C) The state central committee of each major political	13080
party, through its chairperson, not later than ~~sixty~~ninety days	13081
prior to the date of the presidential primary election, shall file	13082
with the secretary of state a statement that stipulates, in	13083
accordance with rules adopted by each state central committee at a	13084
meeting open to all members of the committee's party, whether or	13085
not the names of candidates for district delegate and district	13086
alternate to the national convention of that ~~chairpersons's~~	13087
chairperson's party are to be printed on the ballot. The secretary	13088
of state shall prescribe the form of the ballot for the election	13089
of district delegates and district alternates of each political	13090
party in accordance with such statement. If the state central	13091
committee of a political party fails to so provide such statement,	13092
the secretary of state shall prescribe a form of ballot on which	13093
the names of candidates for delegate and alternate to such	13094
national convention do not appear on the ballot. Only the names of	13095
the presidential first choices of such candidates for delegates	13096
and alternates shall appear on the ballot. If only the names of	13097
presidential first choices are printed, the ballot shall provide	13098
the opportunity for an elector to record the vote in the	13099
appropriate space provided beside such names and such a vote cast	13100
shall be counted as a vote for each candidate for delegate and	13101
alternate who has declared such person as that candidate's first	13102
choice for president.	13103

If the number of candidates for district delegate or for	13104
district alternate to the national convention of a political party	13105
exceeds the number to be elected, the names of such candidates,	13106
when required to appear on the ballot, shall not be rotated, but	13107
shall be printed in a group on the ballot in alphabetical order	13108
immediately below or beside first choice for president. This form	13109
of the ballot shall be prescribed by the secretary so that the	13110
recording of the vote in the space provided beside the name of	13111
such choice for president shall be a vote for each candidate whose	13112
name is included in the grouping.	13113

(D) Candidates, grouped by first choice for president, shall	13114
be rotated in the same manner as though each grouping were a	13115
separate candidate. As many series of ballots shall be printed as	13116
the number of groups to be rotated, with the total number of	13117
ballots to be printed divided by the number of series to be	13118
printed in order to determine the number of ballots to be printed	13119
of each series. On the first series of ballots, the candidates	13120
shall be alphabetically grouped by their first choice for	13121
president. On each succeeding series, the group of candidates that	13122
was the first in the preceding series shall be last and each of	13123
the other groups shall be moved up one place. The ballots shall be	13124
rotated and printed as provided in section 3505.03 of the Revised	13125
Code, except that no indication of membership in or affiliation	13126
with a political party shall be printed after or under the	13127
candidate's name.	13128

(E) The state central committee of each major political	13129
party, through its chairperson, not later than the fifteenth day	13130
prior to the date of the presidential primary election, shall file	13131
with the secretary of state the rules of its political party	13132
adopted by the state central committee at a meeting open to all	13133
members of the committee's party, which affect the issuance of	13134
certificates of election to candidates for delegate or alternate	13135
to its party nominating convention, and the secretary of state	13136
shall issue certificates of election in accordance with such	13137
rules.	13138

(F) If party rules prescribe that fewer than all such	13139
candidates for delegate and alternate are to be elected,	13140
certificates of election shall be issued in the order preferred by	13141
the first choice for president and in such numbers that the number	13142
of delegates and alternates certified as elected reflects, as	13143
nearly as possible, the proportion to be elected under the party	13144
rules.	13145

(G) If the state central committee of a political party fails	13146
to file the rules with the secretary of state pursuant to this	13147
section, certificates of election shall be issued to the	13148
candidates for delegate and alternate receiving the highest number	13149
of votes.	13150

Sec. 3513.19. (A) It is the duty of any judge of elections,	13151
whenever any judge of elections doubts that a person attempting to	13152
vote at a primary election is legally entitled to vote at that	13153
election, to challenge the right of that person to vote. The right	13154
of a person to vote at a primary election may be challenged upon	13155
the following grounds:	13156

(1) That the person whose right to vote is challenged is not	13157
a legally qualified elector;	13158

(2) That the person has received or has been promised some	13159
valuable reward or consideration for the person's vote;	13160

(3) That the person is not affiliated with or is not a member	13161
of the political party whose ballot the person desires to vote.	13162
Such party affiliation shall be determined by examining the	13163
elector's political party preference as specified on the elector's	13164
voter registration application and the elector's voting record for	13165
the current year and the immediately preceding two calendar years	13166
as shown on the voter's registration card, using the standards of	13167
affiliation specified in ~~the seventh paragraph~~division (C) of	13168
section 3513.05 of the Revised Code. Division (A)(3) of this	13169
section and ~~the seventh paragraph~~division (C) of section 3513.05	13170
of the Revised Code do not prohibit a person who holds an elective	13171
office for which candidates are nominated at a party primary	13172
election from doing any of the following:	13173

(a) If the person registered to vote as a member of a	13174
different political party or voted as a member of a different	13175
political party at any primary election within the current year	13176
and the immediately preceding two calendar years, being a	13177
candidate for nomination at a party primary held during the times	13178
specified in division (C)(2) of section 3513.191 of the Revised	13179
Code provided that the person complies with the requirements of	13180
that section;	13181

(b) Circulating the person's own petition of candidacy for	13182
party nomination in the primary election.	13183

(B) When the right of a person to vote is challenged upon the	13184
ground set forth in division (A)(3) of this section, membership in	13185
or political affiliation with a political party shall be	13186
determined by the person's statement, made under penalty of	13187
election falsification, that the person desires to be affiliated	13188
with and supports the principles of the political party whose	13189
primary ballot the person desires to vote.	13190

Sec. 3513.191. (A) No person shall be a candidate for	13191
nomination or election at a party primary if the person registered	13192
to vote as or voted as a member of a different political party at	13193
any primary election within the current year and the immediately	13194
preceding two calendar years.	13195

(B) Notwithstanding division (A) of this section, either of	13196
the following persons may be candidates for nomination of any	13197
political party at a party primary:	13198

(1) A person who does not hold an elective office;

13199

(2) A person who holds an elective office other than one for	13200
which candidates are nominated at a party primary.	13201

(C)(1) Notwithstanding division (A) of this section, a person	13202
who holds an elective office for which candidates are nominated at	13203
a party primary may be a candidate at a primary election held	13204
during the times specified in division (C)(2) of this section for	13205
nomination as a candidate of a political party of which the person	13206
is prohibited from being a candidate for nomination under division	13207
(A) of this section if the person files a declaration of intent to	13208
seek the nomination of that party and if, by filing the	13209
declaration, the person has not violated division (C)(3) of this	13210
section. The declaration of intent shall:	13211

(a) Be filed not later than four p.m. of the thirtieth day	13212
before a declaration of candidacy and petition is required to be	13213
filed under section 3513.05 of the Revised Code;	13214

(b) Be filed with the same official with whom the person	13215
filing the declaration of intent is required to file a declaration	13216
of candidacy and petition;	13217

(c) Indicate the political party whose nomination in the	13218
primary election the person seeks;	13219

(d) Be on a form prescribed by the secretary of state.

13220

(2) No person filing a declaration of intent under division	13221
(C)(1) of this section shall be a candidate at any primary	13222
election for nomination for an elective office for which	13223
candidates are nominated at a party primary during the calendar	13224
year in which the person files the declaration or during the next	13225
calendar year except as a candidate of the party indicated under	13226
division (C)(1)(c) of this section.	13227

(3) No person who files a declaration of intent under	13228
division (C)(1) of this section shall file another such	13229
declaration for a period of ten years after the declaration is	13230
filed.	13231

(4) Notwithstanding ~~the seventh paragraph~~division (C) of	13232
section 3513.05 of the Revised Code, a person who complies with	13233
this section may circulate that person's own petition of candidacy	13234
for party nomination at the party primary at which the person	13235
seeks nomination under this section.	13236

Sec. 3513.20. Before any challenged person shall be allowed	13237
to vote at a primary election, the person shall make a statement,	13238
under penalty of election falsification, before one of the	13239
precinct officials, blanks for which shall be furnished by the	13240
board of elections, giving name, age, residence, length of	13241
residence in the precinct, county, and state; stating that the	13242
person desires to be affiliated with and supports the principles	13243
of the political party whose ballot the person desires to vote;	13244
and giving all other facts necessary to determine whether the	13245
person is entitled to vote in that primary election. The statement	13246
shall be returned to the office of the board with the pollbooks	13247
and tally sheets.	13248

If a person challenged refuses to make that statement under	13249
penalty of election falsification, the person shall be permitted	13250
to vote a provisional ballot under section 3505.181 of the Revised	13251
Code. If a majority of the precinct officials finds that the	13252
statements of a person challenged or the person's voter	13253
registration, voting record, or other evidence shows that the	13254
person lacks any of the qualifications required to make the person	13255
a qualified elector at the primary election or that the person is	13256
not affiliated with or is not a member of the political party	13257
whose ballot the person desires to vote, the person shall be	13258
permitted to vote a provisional ballot under section 3505.181 of	13259
the Revised Code.	13260

Sec. 3513.251. Nominations of candidates for election as	13261
officers of a municipal corporation having a population of less	13262
than two thousand as ascertained by the next preceding federal	13263
census shall be made only by nominating petition and their	13264
election shall occur only in nonpartisan elections, unless a	13265
majority of the electors of such municipal corporation have	13266
petitioned for a primary election. Nominations of candidates for	13267
election as officers of a municipal corporation having a	13268
population of two thousand or more shall be made either by primary	13269
election in conjunction with a partisan general election or by	13270
nominating petition in conjunction with a nonpartisan general	13271
election, as determined under section 3513.01 of the Revised Code.	13272

The nominating petitions of nonpartisan candidates for	13273
election as officers of a municipal corporation having a	13274
population of less than two thousand, as ascertained by the most	13275
recent federal census, shall be signed by not less than ten	13276
qualified electors of the municipal corporation. Any nominating	13277
petition filed under this section shall be filed with the board of	13278
elections not later than four p.m. of the ~~seventy-fifth~~ninetieth	13279
day before the day of the general election, provided that no such	13280
nominating petition shall be accepted for filing if it appears to	13281
contain signatures aggregating in number more than three times the	13282
minimum number of signatures required by this section. A board of	13283
elections shall not accept for filing a nominating petition of a	13284
person if that person, for the same election, has already filed a	13285
declaration of candidacy, a declaration of intent to be a write-in	13286
candidate, or a nominating petition, or has become a candidate	13287
through party nomination at a primary election or by the filling	13288
of a vacancy under section 3513.30 or 3513.31 of the Revised Code	13289
for any other municipal office, or for a township office, for	13290
member of a city, local, or exempted village board of education,	13291
or for member of a governing board of an educational service	13292
center. When a petition of a candidate has been accepted for	13293
filing by a board of elections, the petition shall not be deemed	13294
invalid if, upon verification of signatures contained in the	13295
petition, the board of elections finds the number of signatures	13296
accepted exceeds three times the minimum number of signatures	13297
required. A board of elections may discontinue verifying	13298
signatures when the number of verified signatures on a petition	13299
equals the minimum required number of qualified signatures.	13300

Nomination of nonpartisan candidates for election as officers	13301
of a municipal corporation having a population of two thousand or	13302
more, as ascertained by the next preceding federal census, shall	13303
be made only by nominating petition. Nominating petitions of	13304
nonpartisan candidates for election as officers of a municipal	13305
corporation having a population of two thousand or more but less	13306
than five thousand, as ascertained by the next preceding federal	13307
census, shall be signed by not less than fifty qualified electors	13308
of the municipal corporation or ward thereof in the case of the	13309
nominating petition of a candidate for election as ~~councilman~~	13310
councilperson from such ward. Nominating petitions of nonpartisan	13311
candidates for election as officers of a municipal corporation	13312
having a population of five thousand or more, as ascertained by	13313
the next preceding federal census, shall be signed by not less	13314
than fifty qualified electors of the municipal corporation or ward	13315
thereof in the case of the nominating petition of a candidate for	13316
election as councilperson from such ward.	13317

Sec. 3513.253. Nominations of candidates for election as	13318
officers of a township shall be made only by nominating petitions,	13319
unless a majority of the electors of such township have petitioned	13320
for a primary election. The nominating petitions of nonpartisan	13321
candidates for township trustee and township fiscal officer shall	13322
be signed by not less than twenty-five qualified electors of the	13323
township. Such petition shall be filed with the board of elections	13324
not later than four p.m. of the ~~seventy-fifth~~ninetieth day before	13325
the day of the general election, provided that no such nominating	13326
petition shall be accepted for filing if it appears to contain	13327
signatures aggregating in number more than three times the minimum	13328
number of signatures required by this section. A board of	13329
elections shall not accept for filing a nominating petition of a	13330
person if that person, for the same election, has already filed a	13331
declaration of candidacy, a declaration of intent to be a write-in	13332
candidate, or a nominating petition, or has become a candidate	13333
through party nomination at a primary election or by the filling	13334
of a vacancy under section 3513.30 or 3513.31 of the Revised Code	13335
for any other township office, or for a municipal office, for	13336
member of a city, local, or exempted village board of education,	13337
or for member of a governing board of an educational service	13338
center. When a petition of a candidate has been accepted for	13339
filing by a board of elections, the petition shall not be deemed	13340
invalid if, upon verification of signatures contained in the	13341
petition, the board of elections finds the number of signatures	13342
accepted exceeds three times the minimum number of signatures	13343
required. A board of elections may discontinue verifying	13344
signatures when the number of verified signatures on a petition	13345
equals the minimum required number of qualified signatures.	13346

Sec. 3513.254. (A) The name of each candidate for member of a	13347
city, local, or exempted village board of education shall appear	13348
on the nonpartisan ballot. Nominating petitions of candidates for	13349
member of a board of education of a local or exempted village	13350
school district shall be signed by twenty-five qualified electors	13351
of the school district. Nominating petitions for candidates for	13352
member of a board of education of a city school district having a	13353
population of less than twenty thousand, as ascertained by the	13354
next preceding federal census, shall be signed by twenty-five	13355
qualified electors of the school district. Nominating petitions	13356
for candidates for member of a board of education of a city school	13357
district having a population of twenty thousand or more but less	13358
than fifty thousand, as ascertained by the next preceding federal	13359
census, shall be signed by seventy-five qualified electors of the	13360
school district. Nominating petitions for candidates for member of	13361
a board of education of a city school district having a population	13362
of fifty thousand or more but less than one hundred thousand, as	13363
ascertained by the next preceding federal census, shall be signed	13364
by one hundred fifty qualified electors of the school district.	13365
Nominating petitions for candidates for member of a board of	13366
education of a city school district having a population of one	13367
hundred thousand or more, as ascertained by the next preceding	13368
federal census, shall be signed by three hundred qualified	13369
electors of the school district.	13370

(B) Nominating petitions shall be filed with the board of	13371
elections not later than four p.m. of the ~~seventy-fifth~~ninetieth	13372
day before the day of the general election, provided that no such	13373
petition shall be accepted for filing if it appears to contain	13374
signatures aggregating in number more than three times the minimum	13375
number of signatures required by this section. A board of	13376
elections shall not accept for filing a nominating petition of a	13377
person if that person, for the same election, has already filed a	13378
declaration of candidacy, a declaration of intent to be a write-in	13379
candidate, or a nominating petition, or has become a candidate	13380
through party nomination at a primary election or by the filling	13381
of a vacancy under section 3513.30 or 3513.31 of the Revised Code	13382
for any other position as a member of a city, local, or exempted	13383
village board of education or position as a member of a governing	13384
board of an educational service center, or for a municipal or	13385
township office. When a petition of a candidate has been accepted	13386
for filing by a board of elections, the petition shall not be	13387
deemed invalid if, upon verification of signatures contained in	13388
the petition, the board of elections finds the number of	13389
signatures accepted exceeds three times the minimum number of	13390
signatures required. A board of elections may discontinue	13391
verifying petitions when the number of verified signatures equals	13392
the minimum required number of qualified signatures.	13393

(C) This section is subject to section 3513.256 of the	13394
Revised Code.	13395

Sec. 3513.255. This section is subject to section 3513.256	13396
of the Revised Code. The name of each candidate for election as a	13397
member of a governing board of an educational service center shall	13398
appear on the nonpartisan ballot. Each nominating petition shall	13399
be signed by fifty qualified electors who reside in one of the	13400
following, as applicable:	13401

(A) The school districts over which the educational service	13402
center governing board has jurisdiction, in the case of any	13403
candidate running for a position on any educational service center	13404
governing board other than a governing board established in	13405
accordance with section 3311.054 of the Revised Code;	13406

(B) The subdistrict in which the candidate is running, in the	13407
case of a position on a governing board of an educational service	13408
center established in accordance with section 3311.054 of the	13409
Revised Code.	13410

Each nominating petition shall be filed with the board of	13411
elections of the county in which the central administrative	13412
offices of the educational service center governing board are	13413
located not later than four p.m. of the ~~seventy-fifth~~ninetieth	13414
day before the day of the general election, provided that no such	13415
petition shall be accepted for filing if it appears to contain	13416
signatures aggregating in number more than three times the minimum	13417
number of signatures required by this section. A board of	13418
elections shall not accept for filing a nominating petition of a	13419
person if that person, for the same election, has already filed a	13420
declaration of candidacy, a declaration of intent to be a write-in	13421
candidate, or a nominating petition, or has become a candidate	13422
through party nomination at a primary election or by the filling	13423
of a vacancy under section 3513.30 or 3513.31 of the Revised Code	13424
for any other position as a member of a governing board of an	13425
educational service center or position as a member of a city,	13426
local, or exempted village board of education, or for a municipal	13427
or township office. When a petition of a candidate has been	13428
accepted for filing by a board of elections, the petition shall	13429
not be deemed invalid if, upon verification of signatures	13430
contained in the petition, the board of elections finds the number	13431
of signatures accepted exceeds three times the minimum signatures	13432
required. A board of elections may discontinue verifying petitions	13433
when the number of verified signatures equals the minimum required	13434
number of qualified signatures.	13435

Sec. 3513.256. (A) Notwithstanding any provision of the	13436
Revised Code to the contrary, for the purpose of nominating	13437
candidates for a position as a member of the board of education of	13438
a city, local, or exempted village school district or a position	13439
as a member of a governing board of an educational service center,	13440
the board may adopt, by resolution upon a three-fifths majority	13441
vote of its total membership, procedures for a nonpartisan primary	13442
election. Such procedures shall specify the following:	13443

(1) That the primary election for nominating candidates for a	13444
position as a member of that board shall be held on the same day	13445
as the primary election for nominating all other candidates for	13446
public office in that year;	13447

(2) That nominating petitions shall be filed with the board	13448
of elections not later than four p.m. of the ~~seventy-fifth~~	13449
ninetieth day before the day of the primary election;	13450

(3) That the primary election shall take place only if the	13451
number of candidates for nomination for a position on that board,	13452
as verified by the board of elections, is at least one more than	13453
two times the number of available positions on that board at the	13454
general election;	13455

(4) That the number of candidates advancing from the primary	13456
election to the general election shall equal two times the number	13457
of available positions on that board at the general election.	13458

The board shall notify the board of elections upon adoption	13459
of a resolution under this division. No such resolution shall	13460
apply for a particular election unless the resolution is adopted	13461
at least one hundred twenty days prior to the deadline specified	13462
in the resolution to become a candidate for nomination at that	13463
election. Subject to division (B) of this section, the resolution	13464
shall apply to all subsequent nominations for a position as a	13465
member of that board.	13466

(B) Not earlier than five years after the adoption of a	13467
resolution under division (A) of this section, the board of	13468
education of a city, local, or exempted village school district or	13469
the governing board of an educational service center may rescind	13470
that resolution by subsequent resolution upon a three-fifths	13471
majority vote of its total membership.	13472

The board shall notify the board of elections of any	13473
resolution adopted under this division. No such resolution shall	13474
apply to a particular election unless the resolution is adopted at	13475
least one hundred twenty days prior to the deadline to become a	13476
candidate for nomination at that election under the nomination	13477
procedures the resolution is rescinding. Subject to division (D)	13478
of this section, the requirements of Chapter 3513. of the Revised	13479
Code shall apply to all subsequent nominations for a position as a	13480
member of that board.	13481

(C) Any candidate nominated pursuant to a resolution adopted	13482
under division (A) of this section shall appear on the nonpartisan	13483
ballot at the general election as prescribed in sections 3505.04,	13484
3513.254, and 3513.255 of the Revised Code.	13485

(D) Nothing in this section prohibits or shall be construed	13486
to prohibit the board of education of a city, local, or exempted	13487
village school district or the governing board of an educational	13488
service center that has rescinded a resolution under division (B)	13489
of this section from subsequently adopting the same or different	13490
procedures for a nonpartisan primary election by adopting a	13491
resolution under division (A) of this section.	13492

Sec. 3513.257. Each person desiring to become an independent	13493
candidate for an office for which candidates may be nominated at a	13494
primary election, except persons desiring to become independent	13495
joint candidates for the offices of governor and lieutenant	13496
governor and for the offices of president and vice-president of	13497
the United States, shall file no later than four p.m. of the day	13498
before the day of the primary election immediately preceding the	13499
general election at which such candidacy is to be voted for by the	13500
voters, a statement of candidacy and nominating petition as	13501
provided in section 3513.261 of the Revised Code. Persons desiring	13502
to become independent joint candidates for the offices of governor	13503
and lieutenant governor shall file, not later than four p.m. of	13504
the day before the day of the primary election, one statement of	13505
candidacy and one nominating petition for the two of them. Persons	13506
desiring to become independent joint candidates for the offices of	13507
president and vice-president of the United States shall file, not	13508
later than four p.m. of the ~~seventy-fifth~~ninetieth day before the	13509
day of the general election at which the president and	13510
vice-president are to be elected, one statement of candidacy and	13511
one nominating petition for the two of them. The prospective	13512
independent joint candidates' statement of candidacy shall be	13513
filed with the nominating petition as one instrument.	13514

The statement of candidacy and separate petition papers of	13515
each candidate or pair of joint candidates shall be filed at the	13516
same time as one instrument.	13517

The nominating petition shall contain signatures of qualified	13518
electors of the district, political subdivision, or portion of a	13519
political subdivision in which the candidacy is to be voted on in	13520
an amount to be determined as follows:	13521

(A) If the candidacy is to be voted on by electors throughout	13522
the entire state, the nominating petition, including the	13523
nominating petition of independent joint candidates for the	13524
offices of governor and lieutenant governor, shall be signed by no	13525
less than five thousand qualified electors, provided that no	13526
petition shall be accepted for filing if it purports to contain	13527
more than fifteen thousand signatures.	13528

(B) If the candidacy is to be voted on by electors in any	13529
district, political subdivision, or part thereof in which less	13530
than five thousand electors voted for the office of governor at	13531
the most recent election for that office, the nominating petition	13532
shall contain signatures of not less than twenty-five qualified	13533
electors of the district, political subdivision, or part thereof,	13534
or a number of qualified signatures equal to at least five per	13535
cent of that vote, if this number is less than twenty-five.	13536

(C) If the candidacy is to be voted on by electors in any	13537
district, political subdivision, or part thereof in which five	13538
thousand or more electors voted for the office of governor at the	13539
most recent election for that office, the nominating petition	13540
shall contain a number of signatures equal to at least one per	13541
cent of those electors.	13542

All nominating petitions of candidates for offices to be	13543
voted on by electors throughout the entire state shall be filed in	13544
the office of the secretary of state. No nominating petition for	13545
the offices of president and vice-president of the United States	13546
shall be accepted for filing unless there is submitted to the	13547
secretary of state, at the time of filing the petition, a slate of	13548
presidential electors sufficient in number to satisfy the	13549
requirement of the United States Constitution. The secretary of	13550
state shall not accept for filing the statement of candidacy of a	13551
person who desires to be an independent candidate for the office	13552
of governor unless it also shows the joint candidacy of a person	13553
who desires to be an independent candidate for the office of	13554
lieutenant governor, shall not accept for filing the statement of	13555
candidacy of a person who desires to be an independent candidate	13556
for the office of lieutenant governor unless it also shows the	13557
joint candidacy of a person who desires to be an independent	13558
candidate for the office of governor, and shall not accept for	13559
filing the statement of candidacy of a person who desires to be an	13560
independent candidate to the office of governor or lieutenant	13561
governor who, for the same election, has already filed a	13562
declaration of candidacy, a declaration of intent to be a write-in	13563
candidate, or a statement of candidacy, or has become a candidate	13564
by the filling of a vacancy under section 3513.30 of the Revised	13565
Code for any other state office or any federal or county office.	13566

Nominating petitions of candidates for offices to be voted on	13567
by electors within a district or political subdivision comprised	13568
of more than one county but less than all counties of the state	13569
shall be filed with the boards of elections of that county or part	13570
of a county within the district or political subdivision which had	13571
a population greater than that of any other county or part of a	13572
county within the district or political subdivision according to	13573
the last federal decennial census.	13574

Nominating petitions for offices to be voted on by electors	13575
within a county or district smaller than a county shall be filed	13576
with the board of elections for such county.	13577

No petition other than the petition of a candidate whose	13578
candidacy is to be considered by electors throughout the entire	13579
state shall be accepted for filing if it appears on its face to	13580
contain more than three times the minimum required number of	13581
signatures. A board of elections shall not accept for filing a	13582
nominating petition of a person seeking to become a candidate if	13583
that person, for the same election, has already filed a	13584
declaration of candidacy, a declaration of intent to be a write-in	13585
candidate, or a nominating petition, or has become a candidate by	13586
the filling of a vacancy under section 3513.30 of the Revised Code	13587
for any federal, state, or county office, if the nominating	13588
petition is for a state or county office, or for any municipal or	13589
township office, for member of a city, local, or exempted village	13590
board of education, or for member of a governing board of an	13591
educational service center, if the nominating petition is for a	13592
municipal or township office, or for member of a city, local, or	13593
exempted village board of education, or for member of a governing	13594
board of an educational service center. When a petition of a	13595
candidate has been accepted for filing by a board of elections,	13596
the petition shall not be deemed invalid if, upon verification of	13597
signatures contained in the petition, the board of elections finds	13598
the number of signatures accepted exceeds three times the minimum	13599
number of signatures required. A board of elections may	13600
discontinue verifying signatures when the number of verified	13601
signatures on a petition equals the minimum required number of	13602
qualified signatures.	13603

Any nonjudicial candidate who files a nominating petition may	13604
request, at the time of filing, that the candidate be designated	13605
on the ballot as a nonparty candidate or as an other-party	13606
candidate, or may request that the candidate's name be placed on	13607
the ballot without any designation. Any such candidate who fails	13608
to request a designation either as a nonparty candidate or as an	13609
other-party candidate shall have the candidate's name placed on	13610
the ballot without any designation.	13611

The purpose of establishing a filing deadline for independent	13612
candidates prior to the primary election immediately preceding the	13613
general election at which the candidacy is to be voted on by the	13614
voters is to recognize that the state has a substantial and	13615
compelling interest in protecting its electoral process by	13616
encouraging political stability, ensuring that the winner of the	13617
election will represent a majority of the community, providing the	13618
electorate with an understandable ballot, and enhancing voter	13619
education, thus fostering informed and educated expressions of the	13620
popular will in a general election. The filing deadline for	13621
independent candidates required in this section prevents	13622
splintered parties and unrestrained factionalism, avoids political	13623
fragmentation, and maintains the integrity of the ballot. The	13624
deadline, one day prior to the primary election, is the least	13625
drastic or restrictive means of protecting these state interests.	13626
The general assembly finds that the filing deadline for	13627
independent candidates in primary elections required in this	13628
section is reasonably related to the state's purpose of ensuring	13629
fair and honest elections while leaving unimpaired the political,	13630
voting, and associational rights secured by the first and	13631
fourteenth amendments to the United States Constitution.	13632

Sec. 3513.259. Nominations of candidates for the office of	13633
member of the state board of education shall be made only by	13634
nominating petition. The nominating petition of a candidate for	13635
the office of member of the state board of education shall be	13636
signed by not less than one hundred qualified electors.	13637

No such nominating petition shall be accepted for filing if	13638
it appears on its face to contain signatures aggregating in number	13639
more than three times the minimum number of signatures required by	13640
this section. A board of elections shall not accept for filing a	13641
nominating petition of a person if that person, for the same	13642
election, has already filed a declaration of candidacy, a	13643
declaration of intent to be a write-in candidate, or a nominating	13644
petition, or has become a candidate through party nomination at a	13645
primary election or by the filling of a vacancy under section	13646
3513.30 or 3513.31 of the Revised Code, to be a candidate for any	13647
other state office or any federal or county office. When a	13648
petition of a candidate has been accepted for filing by a board of	13649
elections, the petition shall not be deemed invalid if, upon	13650
verification of signatures contained in the petition, the board of	13651
elections finds the number of signatures accepted exceeds three	13652
times the minimum number of signatures required. A board of	13653
elections may discontinue verifying signatures when the number of	13654
verified signatures equals the minimum required number of	13655
signatures. Such petition shall be filed with the board of	13656
elections of the most populous county in such district not later	13657
than four p.m. of the ~~seventy-fifth~~ninetieth day before the day	13658
of the general election at which state board of education members	13659
are elected.	13660

Each nominating petition shall be signed by qualified	13661
electors residing in the district in which the candidate	13662
designated therein would be a candidate for election to the office	13663
of member of the state board of education. Each candidate shall be	13664
a qualified elector residing in the district in which the	13665
candidate seeks election to such office.	13666

As the word "district" is used in this section, it refers to	13667
a district created under section 3301.01 of the Revised Code.	13668

Sec. 3513.263. The nominating petitions of all candidates	13669
required to be filed before four p.m. of the ~~seventy-fifth~~	13670
ninetieth day before the day of the general election, shall be	13671
processed as follows:	13672

If such petition is filed with the secretary of state, hethe	13673
secretary of state shall promptly transmit to each board such	13674
separate petition papers as purports to contain signatures of	13675
electors of the county of such board.	13676

If such petition is filed with the board of a county in which	13677
the major portion of the population of a subdivision is located,	13678
such board shall promptly transmit to the board of each county in	13679
which other portions of such subdivision are located such separate	13680
petition papers of the petition as purport to contain signatures	13681
of electors of such county.	13682

All petition papers so transmitted to a board of elections,	13683
and all nominating petitions filed with a board of elections	13684
shall, under proper regulation, be open to public inspection until	13685
four p.m. of the ~~seventieth~~eightieth day before the day of such	13686
general election. Each board shall, not later than the	13687
~~sixty-eighth~~seventy-eighth day before the day of such general	13688
election examine and determine the sufficiency of the signatures	13689
on the petition papers transmitted to or filed with it and the	13690
validity or invalidity of petitions filed with it, and shall	13691
return to each other board all petition papers transmitted to it	13692
by such other board, together with its certification of its	13693
determination as to the validity or invalidity of signatures	13694
thereon. All other matters affecting the validity or invalidity of	13695
such petition papers shall be determined by the board with whom	13696
such petition papers were filed.	13697

Written protests against such nominating petitions may be	13698
filed by any qualified elector eligible to vote for the candidate	13699
whose nominating petition hethe elector objects to, not later	13700
than the ~~sixty-fourth~~seventy-fourth day before the general	13701
election. Such protests shall be filed with the election officials	13702
with whom the nominating petition was filed. Upon the filing of	13703
such protests, the election officials with whom it is filed shall	13704
promptly fix the time and place for hearing it, and shall	13705
forthwith mail notice of the filing of such protest and the time	13706
and place for hearing it to the person whose nomination is	13707
protested. They shall also forthwith mail notice of the time and	13708
place fixed for the hearing to the person who filed the protest.	13709
At the time and place fixed, such election officials shall hear	13710
the protest and determine the ~~validty~~validity or invalidity of	13711
the petition. Such determination shall be final.	13712

Sec. 3513.30. (A)(1) If only one valid declaration of	13713
candidacy is filed for nomination as a candidate of a political	13714
party for an office and that candidate dies prior to the tenth day	13715
before the primary election, both of the following may occur:	13716

(a) The political party whose candidate died may fill the	13717
vacancy so created as provided in division (A)(2) of this section.	13718

(b) Any major political party other than the one whose	13719
candidate died may select a candidate as provided in division	13720
(A)(2) of this section under either of the following	13721
circumstances:	13722

(i) No person has filed a valid declaration of candidacy for	13723
nomination as that party's candidate at the primary election.	13724

(ii) Only one person has filed a valid declaration of	13725
candidacy for nomination as that party's candidate at the primary	13726
election, that person has withdrawn, died, or been disqualified	13727
under section 3513.052 of the Revised Code, and the vacancy so	13728
created has not been filled.	13729

(2) A vacancy may be filled under division (A)(1)(a) and a	13730
selection may be made under division (A)(1)(b) of this section by	13731
the appropriate committee of the political party in the same	13732
manner as provided in divisions (A) to (E) of section 3513.31 of	13733
the Revised Code for the filling of similar vacancies created by	13734
withdrawals or disqualifications under section 3513.052 of the	13735
Revised Code after the primary election, except that the	13736
certification required under that section may not be filed with	13737
the secretary of state, or with a board of the most populous	13738
county of a district, or with the board of a county in which the	13739
major portion of the population of a subdivision is located, later	13740
than four p.m. of the tenth day before the day of such primary	13741
election, or with any other board later than four p.m. of the	13742
fifth day before the day of such primary election.	13743

(3) If only one valid declaration of candidacy is filed for	13744
nomination as a candidate of a political party for an office and	13745
that candidate dies on or after the tenth day before the day of	13746
the primary election, that candidate is considered to have	13747
received the nomination of that candidate's political party at	13748
that primary election, and, for purposes of filling the vacancy so	13749
created, that candidate's death shall be treated as if that	13750
candidate died on the day after the day of the primary election.	13751

(B) Any person filing a declaration of candidacy may withdraw	13752
as such candidate at any time prior to the primary election~~, or,~~	13753
~~if the primary election is a presidential primary election, at any~~	13754
~~time prior to the fiftieth day before the presidential primary~~	13755
~~election~~. The withdrawal shall be effected and the statement of	13756
withdrawal shall be filed in accordance with the procedures	13757
prescribed in division (D) of this section for the withdrawal of	13758
persons nominated in a primary election or by nominating petition.	13759

(C) A person who is the first choice for president of the	13760
United States by a candidate for delegate or alternate to a	13761
national convention of a political party may withdraw consent for	13762
the selection of the person as such first choice no later than	13763
four p.m. of the ~~thirtieth~~fortieth day before the day of the	13764
presidential primary election. Withdrawal of consent shall be for	13765
the entire slate of candidates for delegates and alternates who	13766
named such person as their presidential first choice and shall	13767
constitute withdrawal from the primary election by such delegates	13768
and alternates. The withdrawal shall be made in writing and	13769
delivered to the secretary of state. If the withdrawal is	13770
delivered to the secretary of state on or before the ~~sixtieth~~	13771
seventieth day before the day of the primary election, ~~or, if the~~	13772
~~election is a presidential primary election, on or before the~~	13773
~~forty-fifth day before the day of the presidential primary~~	13774
~~election,~~ the boards of elections shall remove both the name of	13775
the withdrawn first choice and the names of such withdrawn	13776
candidates from the ballots according to the directions of the	13777
secretary of state. If the withdrawal is delivered to the	13778
secretary of state after the ~~sixtieth~~seventieth day before the	13779
day of the primary election, ~~or, if the election is a presidential~~	13780
~~primary election, after the forty-fifth day before the day of the~~	13781
~~presidential primary election,~~ the board of elections shall not	13782
remove the name of the withdrawn first choice and the names of the	13783
withdrawn candidates from the ballots. The board of elections	13784
shall post a notice at each polling location on the day of the	13785
primary election, and shall enclose with each absent voter's	13786
ballot given or mailed after the candidate withdraws, a notice	13787
that votes for the withdrawn first choice or the withdrawn	13788
candidates will be void and will not be counted. If such names are	13789
not removed from all ballots before the day of the election, the	13790
votes for the withdrawn first choice or the withdrawn candidates	13791
are void and shall not be counted.	13792

(D) Any person nominated in a primary election or by	13793
nominating petition as a candidate for election at the next	13794
general election may withdraw as such candidate at any time prior	13795
to the general election. Such withdrawal may be effected by the	13796
filing of a written statement by such candidate announcing the	13797
candidate's withdrawal and requesting that the candidate's name	13798
not be printed on the ballots. If such candidate's declaration of	13799
candidacy or nominating petition was filed with the secretary of	13800
state, the candidate's statement of withdrawal shall be addressed	13801
to and filed with the secretary of state. If such candidate's	13802
declaration of candidacy or nominating petition was filed with a	13803
board of elections, the candidate's statement of withdrawal shall	13804
be addressed to and filed with such board.	13805

(E) When a person withdraws under division (B) or (D) of this	13806
section on or before the ~~sixtieth~~seventieth day before the day of	13807
the primary election, ~~or, if the election is a presidential~~	13808
~~primary election, on or before the forty-fifth day before the day~~	13809
~~of the presidential primary election,~~ the board of elections shall	13810
remove the name of the withdrawn candidate from the ballots	13811
according to the directions of the secretary of state. When a	13812
person withdraws under division (B) or (D) of this section after	13813
the ~~sixtieth~~seventieth day before the day of the primary	13814
election, ~~or, if the election is a presidential primary election,~~	13815
~~after the forty-fifth day before the day of the presidential~~	13816
~~primary election,~~ the board of elections shall not remove the name	13817
of the withdrawn candidate from the ballots. The board of	13818
elections shall post a notice at each polling place on the day of	13819
the primary election, and shall enclose with each absent voter's	13820
ballot given or mailed after the candidate withdraws, a notice	13821
that votes for the withdrawn candidate will be void and will not	13822
be counted. If the name is not removed from all ballots before the	13823
day of the election, the votes for the withdrawn candidate are	13824
void and shall not be counted.	13825

Sec. 3513.31. (A) If a person nominated in a primary	13826
election as a candidate for election at the next general election,	13827
whose candidacy is to be submitted to the electors of the entire	13828
state, withdraws as that candidate or is disqualified as that	13829
candidate under section 3513.052 of the Revised Code, the vacancy	13830
in the party nomination so created may be filled by the state	13831
central committee of the major political party that made the	13832
nomination at the primary election, if the committee's chairperson	13833
and secretary certify the name of the person selected to fill the	13834
vacancy by the time specified in this division, at a meeting	13835
called for that purpose. The meeting shall be called by the	13836
chairperson of that committee, who shall give each member of the	13837
committee at least two days' notice of the time, place, and	13838
purpose of the meeting. If a majority of the members of the	13839
committee are present at the meeting, a majority of those present	13840
may select a person to fill the vacancy. The chairperson and	13841
secretary of the meeting shall certify in writing and under oath	13842
to the secretary of state, not later than the ~~seventy-sixth~~	13843
eighty-sixth day before the day of the general election, the name	13844
of the person selected to fill the vacancy. The certification must	13845
be accompanied by the written acceptance of the nomination by the	13846
person whose name is certified. A vacancy that may be filled by an	13847
intermediate or minor political party shall be filled in	13848
accordance with the party's rules by authorized officials of the	13849
party. Certification must be made as in the manner provided for a	13850
major political party.	13851

(B) If a person nominated in a primary election as a party	13852
candidate for election at the next general election, whose	13853
candidacy is to be submitted to the electors of a district	13854
comprised of more than one county but less than all of the	13855
counties of the state, withdraws as that candidate or is	13856
disqualified as that candidate under section 3513.052 of the	13857
Revised Code, the vacancy in the party nomination so created may	13858
be filled by a district committee of the major political party	13859
that made the nomination at the primary election, if the	13860
committee's chairperson and secretary certify the name of the	13861
person selected to fill the vacancy by the time specified in this	13862
division, at a meeting called for that purpose. The district	13863
committee shall consist of the chairperson and secretary of the	13864
county central committee of such political party in each county in	13865
the district. The district committee shall be called by the	13866
chairperson of the county central committee of such political	13867
party of the most populous county in the district, who shall give	13868
each member of the district committee at least two days' notice of	13869
the time, place, and purpose of the meeting. If a majority of the	13870
members of the district committee are present at the district	13871
committee meeting, a majority of those present may select a person	13872
to fill the vacancy. The chairperson and secretary of the meeting	13873
shall certify in writing and under oath to the board of elections	13874
of the most populous county in the district, not later than four	13875
p.m. of the ~~seventy-sixth~~eighty-sixth day before the day of the	13876
general election, the name of the person selected to fill the	13877
vacancy. The certification must be accompanied by the written	13878
acceptance of the nomination by the person whose name is	13879
certified. A vacancy that may be filled by an intermediate or	13880
minor political party shall be filled in accordance with the	13881
party's rules by authorized officials of the party. Certification	13882
must be made as in the manner provided for a major political	13883
party.	13884

(C) If a person nominated in a primary election as a party	13885
candidate for election at the next general election, whose	13886
candidacy is to be submitted to the electors of a county,	13887
withdraws as that candidate or is disqualified as that candidate	13888
under section 3513.052 of the Revised Code, the vacancy in the	13889
party nomination so created may be filled by the county central	13890
committee of the major political party that made the nomination at	13891
the primary election, or by the county executive committee if so	13892
authorized, if the committee's chairperson and secretary certify	13893
the name of the person selected to fill the vacancy by the time	13894
specified in this division, at a meeting called for that purpose.	13895
The meeting shall be called by the chairperson of that committee,	13896
who shall give each member of the committee at least two days'	13897
notice of the time, place, and purpose of the meeting. If a	13898
majority of the members of the committee are present at the	13899
meeting, a majority of those present may select a person to fill	13900
the vacancy. The chairperson and secretary of the meeting shall	13901
certify in writing and under oath to the board of that county, not	13902
later than four p.m. of the ~~seventy-sixth~~eighty-sixth day before	13903
the day of the general election, the name of the person selected	13904
to fill the vacancy. The certification must be accompanied by the	13905
written acceptance of the nomination by the person whose name is	13906
certified. A vacancy that may be filled by an intermediate or	13907
minor political party shall be filled in accordance with the	13908
party's rules by authorized officials of the party. Certification	13909
must be made as in the manner provided for a major political	13910
party.	13911

(D) If a person nominated in a primary election as a party	13912
candidate for election at the next general election, whose	13913
candidacy is to be submitted to the electors of a district within	13914
a county, withdraws as that candidate or is disqualified as that	13915
candidate under section 3513.052 of the Revised Code, the vacancy	13916
in the party nomination so created may be filled by a district	13917
committee consisting of those members of the county central	13918
committee or, if so authorized, those members of the county	13919
executive committee in that county of the major political party	13920
that made the nomination at the primary election who represent the	13921
precincts or the wards and townships within the district, if the	13922
committee's chairperson and secretary certify the name of the	13923
person selected to fill the vacancy by the time specified in this	13924
division, at a meeting called for that purpose. The district	13925
committee meeting shall be called by the chairperson of the county	13926
central committee or executive committee, as appropriate, who	13927
shall give each member of the district committee at least two	13928
days' notice of the time, place, and purpose of the meeting. If a	13929
majority of the members of the district committee are present at	13930
the district committee meeting, a majority of those present may	13931
select a person to fill the vacancy. The chairperson and secretary	13932
of the district committee meeting shall certify in writing and	13933
under oath to the board of the county, not later than four p.m. of	13934
the ~~seventy-sixth~~eighty-sixth day before the day of the general	13935
election, the name of the person selected to fill the vacancy. The	13936
certification must be accompanied by the written acceptance of the	13937
nomination by the person whose name is certified. A vacancy that	13938
may be filled by an intermediate or minor political party shall be	13939
filled in accordance with the party's rules by authorized	13940
officials of the party. Certification must be made as in the	13941
manner provided for a major political party.	13942

(E) If a person nominated in a primary election as a party	13943
candidate for election at the next general election, whose	13944
candidacy is to be submitted to the electors of a subdivision	13945
within a county, withdraws as that candidate or is disqualified as	13946
that candidate under section 3513.052 of the Revised Code, the	13947
vacancy in the party nomination so created may be filled by a	13948
subdivision committee consisting of those members of the county	13949
central committee or, if so authorized, those members of the	13950
county executive committee in that county of the major political	13951
party that made the nomination at that primary election who	13952
represent the precincts or the wards and townships within that	13953
subdivision, if the committee's chairperson and secretary certify	13954
the name of the person selected to fill the vacancy by the time	13955
specified in this division, at a meeting called for that purpose.	13956

The subdivision committee meeting shall be called by the	13957
chairperson of the county central committee or executive	13958
committee, as appropriate, who shall give each member of the	13959
subdivision committee at least two days' notice of the time,	13960
place, and purpose of the meeting. If a majority of the members of	13961
the subdivision committee are present at the subdivision committee	13962
meeting, a majority of those present may select a person to fill	13963
the vacancy. The chairperson and secretary of the subdivision	13964
committee meeting shall certify in writing and under oath to the	13965
board of the county, not later than four p.m. of the ~~seventy-sixth~~	13966
eighty-sixth day before the day of the general election, the name	13967
of the person selected to fill the vacancy. The certification must	13968
be accompanied by the written acceptance of the nomination by the	13969
person whose name is certified. A vacancy that may be filled by an	13970
intermediate or minor political party shall be filled in	13971
accordance with the party's rules by authorized officials of the	13972
party. Certification must be made in the manner provided for a	13973
major political party.	13974

(F) If a person nominated by petition as an independent or	13975
nonpartisan candidate for election at the next general election	13976
withdraws as that candidate or is disqualified as that candidate	13977
under section 3513.052 of the Revised Code, the vacancy so created	13978
may be filled by a majority of the committee of five, as	13979
designated on the candidate's nominating petition, if a member of	13980
that committee certifies in writing and under oath to the election	13981
officials with whom the candidate filed the candidate's nominating	13982
petition, not later than the ~~seventy-sixth~~eighty-sixth day before	13983
the day of the general election, the name of the person selected	13984
to fill the vacancy. The certification shall be accompanied by the	13985
written acceptance of the nomination by the person whose name is	13986
certified and shall be made in the manner provided for a major	13987
political party.	13988

(G) If a person nominated in a primary election as a party	13989
candidate for election at the next general election dies, the	13990
vacancy so created may be filled by the same committee in the same	13991
manner as provided in this section for the filling of similar	13992
vacancies created by withdrawals or disqualifications under	13993
section 3513.052 of the Revised Code, except that the	13994
certification, when filling a vacancy created by death, may not be	13995
filed with the secretary of state, or with a board of the most	13996
populous county of a district, or with the board of a county in	13997
which the major portion of the population of a subdivision is	13998
located, later than four p.m. of the tenth day before the day of	13999
such general election, or with any other board later than four	14000
p.m. of the fifth day before the day of such general election.	14001

(H) If a person nominated by petition as an independent or	14002
nonpartisan candidate for election at the next general election	14003
dies prior to the tenth day before the day of that general	14004
election, the vacancy so created may be filled by a majority of	14005
the committee of five designated in the nominating petition to	14006
represent the candidate named in it. To fill the vacancy a member	14007
of the committee shall, not later than four p.m. of the fifth day	14008
before the day of the general election, file with the election	14009
officials with whom the petition nominating the person was filed,	14010
a certificate signed and sworn to under oath by a majority of the	14011
members, designating the person they select to fill the vacancy.	14012
The certification must be accompanied by the written acceptance of	14013
the nomination by the person whose name is so certified.	14014

(I) If a person holding an elective office dies or resigns	14015
subsequent to the ~~one-hundredth~~one hundred fifteenth day before	14016
the day of a primary election and prior to the ~~seventy-sixth~~	14017
eighty-sixth day before the day of the next general election, and	14018
if, under the laws of this state, a person may be elected at that	14019
general election to fill the unexpired term of the person who has	14020
died or resigned, the appropriate committee of each political	14021
party, acting as in the case of a vacancy in a party nomination,	14022
as provided in divisions (A) to (D) of this section, may select a	14023
person as the party candidate for election for such unexpired term	14024
at that general election, and certify the person's name to the	14025
appropriate election official not later than four p.m. on the	14026
~~seventy-sixth~~eighty-sixth day before the day of that general	14027
election, or on the tenth day following the day on which the	14028
vacancy occurs, whichever is later. When the vacancy occurs on or	14029
subsequent to the ~~seventy-sixth~~eighty-sixth day and ~~six or more~~	14030
~~days~~ prior to the ~~fortieth~~fifty-sixth day before the general	14031
election, the appropriate committee may select a person as the	14032
party candidate and certify the person's name, as provided in the	14033
preceding sentence, not later than four p.m. on the ~~tenth day~~	14034
~~following the day on which the vacancy occurs. When the vacancy~~	14035
~~occurs fewer than six days before the fortieth day before the~~	14036
~~general election, the deadline for filing shall be four p.m. on~~	14037
~~the~~ ~~thirty-sixth~~fiftieth day before the general election.	14038
Thereupon the name shall be printed as the party candidate under	14039
proper titles and in the proper place on the proper ballots for	14040
use at the election. If a person has been nominated in a primary	14041
election, the authorized committee of that political party shall	14042
not select and certify a person as the party candidate.	14043

(J) Each person desiring to become an independent candidate	14044
to fill the unexpired term shall file a statement of candidacy and	14045
nominating petition, as provided in section 3513.261 of the	14046
Revised Code, with the appropriate election official not later	14047
than four p.m. on the tenth day following the day on which the	14048
vacancy occurs, provided that when the vacancy occurs fewer than	14049
six days before the ~~fortieth~~fifty-sixth day before the general	14050
election, the deadline for filing shall be four p.m. on the	14051
~~thirty-sixth~~fiftieth day before the general election. The	14052
nominating petition shall contain at least seven hundred fifty	14053
signatures and no more than one thousand five hundred signatures	14054
of qualified electors of the district, political subdivision, or	14055
portion of a political subdivision in which the office is to be	14056
voted upon, or the amount provided for in section 3513.257 of the	14057
Revised Code, whichever is less.	14058

(K) When a person nominated as a candidate by a political	14059
party in a primary election or by nominating petition for an	14060
elective office for which candidates are nominated at a party	14061
primary election withdraws, dies, or is disqualified under section	14062
3513.052 of the Revised Code prior to the general election, the	14063
appropriate committee of any other major political party or	14064
committee of five that has not nominated a candidate for that	14065
office, or whose nominee as a candidate for that office has	14066
withdrawn, died, or been disqualified without the vacancy so	14067
created having been filled, may, acting as in the case of a	14068
vacancy in a party nomination or nomination by petition as	14069
provided in divisions (A) to (F) of this section, whichever is	14070
appropriate, select a person as a candidate of that party or of	14071
that committee of five for election to the office.	14072

Sec. 3513.311. (A) If a candidate for lieutenant governor	14073
dies, withdraws, or is disqualified as a candidate prior to the	14074
~~sixtieth~~seventieth day before the day of a primary election, the	14075
vacancy on the ballot shall be filled by appointment by the joint	14076
candidate for the office of governor. Such candidate for governor	14077
shall certify in writing and under oath to the secretary of state	14078
not later than the ~~fifty-fifth~~sixty-fifth day before the day of	14079
such election the name and residence address of the person	14080
selected to fill such vacancy.	14081

(B) If a candidate for governor dies, withdraws, or is	14082
disqualified as a candidate prior to the ~~sixtieth~~seventieth day	14083
before the day of a primary election, the vacancy on the ballot	14084
shall be filled by appointment by the joint candidate for the	14085
office of lieutenant governor. Such candidate for lieutenant	14086
governor shall certify in writing and under oath to the secretary	14087
of state not later than the ~~fifty-fifth~~sixty-fifth day before the	14088
day of such election the name and residence address of the person	14089
selected to fill such vacancy.	14090

(C) If a candidate for the office of lieutenant governor dies	14091
on or after the ~~sixtieth~~seventieth day, but prior to the tenth	14092
day, before a primary election, the vacancy so created shall be	14093
filled by appointment by the joint candidate for the office of	14094
governor. Such candidate for governor shall certify in writing and	14095
under oath to the secretary of state not later than the fifth day	14096
before the day of such election the name and residence address of	14097
the person selected to fill such vacancy.	14098

(D) If a candidate for the office of governor dies on or	14099
after the ~~sixtieth~~seventieth day, but prior to the tenth day,	14100
before a primary election, the vacancy so created shall be filled	14101
by appointment by the joint candidate for the office of lieutenant	14102
governor. Such candidate for lieutenant governor shall certify in	14103
writing and under oath to the secretary of state not later than	14104
the fifth day before the day of such election the name and	14105
residence address of the person selected to fill such vacancy.	14106

(E) If a person nominated in a primary election as a	14107
candidate for election to the office of governor or lieutenant	14108
governor at the next general election withdraws as such candidate	14109
prior to the ~~eightieth~~ninetieth day before the day of the general	14110
election or dies prior to the tenth day before the day of such	14111
general election, the vacancy so created shall be filled in the	14112
manner provided for by section 3513.31 of the Revised Code.	14113

(F) If a person nominated by petition as a candidate for	14114
election to the office of governor or lieutenant governor	14115
withdraws as such candidate prior to the ~~eightieth~~ninetieth day	14116
before the day of the general election or dies prior to the tenth	14117
day before the day of such general election, the vacancy so	14118
created shall be filled by the candidates' committee in the manner	14119
provided for, as in the case of death, by section 3513.31 of the	14120
Revised Code, except that, in the case of withdrawal of candidacy,	14121
the name and residence address of the replacement candidate shall	14122
be certified in writing and under oath to the secretary of state	14123
not later than the ~~seventy-sixth~~eighty-sixth day before the day	14124
of the general election.	14125

(G) If the vacancy in a joint candidacy for governor and	14126
lieutenant governor can be filled in accordance with this section	14127
and is not so filled, the joint candidacy which has not been	14128
vacated shall be invalidated and shall not be presented for	14129
election.	14130

(H) Any replacement candidate appointed or selected pursuant	14131
to this section shall be one who has the qualifications of an	14132
elector.	14133

Sec. 3513.312. (A) Notwithstanding section 3513.31 of the	14134
Revised Code, if a person nominated in a primary election as a	14135
party candidate for the office of representative to congress for	14136
election at the next general election withdraws as such candidate	14137
prior to the ~~eightieth~~ninetieth day before the day of such	14138
general election, or dies prior to the ~~eightieth~~ninetieth day	14139
before the day of such general election, the vacancy in the party	14140
nomination so created shall be filled by a special election held	14141
in accordance with division (B) of this section.	14142

(B) The boards of elections of all the counties contained in	14143
whole or in part within the congressional district in which a	14144
vacancy occurs as described in division (A) of this section shall,	14145
as soon as reasonably practicable, conduct the special election	14146
and give notice of the time and places of holding such election as	14147
provided in section 3501.03 of the Revised Code. Such election	14148
shall be held and conducted and returns thereof made as in the	14149
case of a primary election.	14150

(C) The state shall pay all costs of any special election	14151
held pursuant to this section.	14152

Sec. 3515.09. A contest of election shall be commenced by	14153
the filing of a petition with the clerk of the appropriate court	14154
signed by at least twenty-five voters who voted at the last	14155
election for or against a candidate for the office or for or	14156
against the issue being contested, or by the defeated candidate	14157
for said nomination or election, within fifteen days after the	14158
results of any such nomination or election have been ascertained	14159
and announced by the proper authority, or if there is a recount,	14160
within ten days after the results of the recount of such	14161
nomination or election have been ascertained and announced by the	14162
proper authority. Such petition shall be verified by the oath of	14163
at least two such petitioners, or by the oath of the defeated	14164
candidate filing the petition, and shall set forth the grounds for	14165
such contest.	14166

Said petition shall be accompanied by a bond with surety to	14167
be approved by the clerk of the appropriate court in a sum	14168
sufficient, as determined by ~~him~~the clerk, to pay all the costs	14169
of the contest. In no event shall the amount of the bond be less	14170
than ten thousand dollars. If it becomes apparent during the	14171
course of the proceedings that the bond is insufficient to pay all	14172
the costs of the contest, any party to the contest may request the	14173
court considering the contest to adjust the required bond. The	14174
court shall promptly render a decision on such a request. The	14175
contestor and the person whose right to the nomination or election	14176
to such office is being contested, to be known as the contestee,	14177
shall be liable to the officers and witnesses for the costs made	14178
by them respectively; but if the results of the nomination or	14179
election are confirmed or the petition is dismissed or the	14180
prosecution fails, judgment shall be rendered against the	14181
contestor for the costs; and if the judgment is against the	14182
contestee or if the results of the nomination or election are set	14183
aside, the county shall pay the costs as other election expenses	14184
are paid.	14185

Sec. 3519.08. (A) Notwithstanding division (I)(2) of section	14186
3501.38 of the Revised Code, at any time prior to the ~~sixtieth~~	14187
seventieth day before the day of an election at which an	14188
initiative or referendum is scheduled to appear on the ballot, a	14189
majority of the members of the committee named to represent the	14190
petitioners in the petition proposing that initiative or	14191
referendum under section 3519.02 of the Revised Code may withdraw	14192
the petition by giving written notice of the withdrawal to the	14193
secretary of state.	14194

(B) After a majority of the members of the committee named to	14195
represent the petitioners gives notice to the secretary of state	14196
that the petition proposing the initiative or referendum is	14197
withdrawn under division (A) of this section, all of the following	14198
shall apply:	14199

(1) If the Ohio ballot board has not already certified the	14200
ballot language at the time a majority of the members of the	14201
committee gives the written notice of withdrawal, the board shall	14202
not certify ballot language for that proposed initiative or	14203
referendum to the secretary of state.	14204

(2) The secretary of state shall not certify a ballot form or	14205
wording to the boards of elections under sections 3501.05 and	14206
3505.01 of the Revised Code that includes ballot language for that	14207
proposed initiative or referendum.	14208

(3) The proposed initiative or referendum shall not appear on	14209
the ballot.	14210

(C) No petition that has been filed, and subsequently	14211
withdrawn under this section, may be resubmitted.	14212

Sec. 3519.16. The circulator of any part-petition, the	14213
committee interested in the petition, or any elector may file with	14214
the board of elections a protest against the board's findings made	14215
pursuant to section 3519.15 of the Revised Code. Protests shall be	14216
in writing and shall specify reasons for the protest. Protests for	14217
all initiative and referendum petitions other than those to be	14218
voted on by electors throughout the entire state shall be filed	14219
not later than four p.m. of the ~~sixty-fourth~~seventy-fourth day	14220
before the day of the election. Once a protest is filed, the board	14221
shall proceed to establish the sufficiency or insufficiency of the	14222
signatures and of the verification of those signatures in an	14223
action before the court of common pleas in the county. The action	14224
shall be brought within three days after the protest is filed, and	14225
it shall be heard forthwith by a judge of that court, whose	14226
decision shall be certified to the board. The signatures that are	14227
adjudged sufficient or the part-petitions that are adjudged	14228
properly verified shall be included with the others by the board,	14229
and those found insufficient and all those part-petitions that are	14230
adjudged not properly verified shall not be included.	14231

The properly verified part-petitions, together with the	14232
report of the board, shall be returned to the secretary of state	14233
not less than ~~fifty~~sixty days before the election, provided that,	14234
in the case of an initiated law to be presented to the general	14235
assembly, the boards shall promptly check and return the petitions	14236
together with their report. The secretary of state shall notify	14237
the chairperson of the committee in charge of the circulation as	14238
to the sufficiency or insufficiency of the petition and the extent	14239
of the insufficiency.	14240

If the petition is found insufficient because of an	14241
insufficient number of valid signatures, the committee shall be	14242
allowed ten additional days after the notification by the	14243
secretary of state for the filing of additional signatures to the	14244
petition. The part-petitions of the supplementary petition that	14245
appear to the secretary of state to be properly verified, upon	14246
their receipt by the secretary of state, shall forthwith be	14247
forwarded to the boards of the several counties together with the	14248
part-petitions of the original petition that have been properly	14249
verified. They shall be immediately examined and passed upon as to	14250
the validity and sufficiency of the signatures on them by each of	14251
the boards and returned within five days to the secretary of state	14252
with the report of each board. No signature on a supplementary	14253
part-petition that is the same as a signature on an original	14254
part-petition shall be counted. The number of signatures in both	14255
the original and supplementary petitions, properly verified, shall	14256
be used by the secretary of state in determining the total number	14257
of signatures to the petition that the secretary of state shall	14258
record and announce. If they are sufficient, the amendment,	14259
proposed law, or law shall be placed on the ballot as required by	14260
law. If the petition is found insufficient, the secretary of state	14261
shall notify the committee in charge of the circulation of the	14262
petition.	14263

Sec. 3709.051. Two or more contiguous city health districts	14264
may be united to form a single city health district by a majority	14265
affirmative vote of the legislative authority of each city	14266
affected by the union.	14267

If at least three per cent of the qualified electors residing	14268
within each of two or more contiguous city health districts sign a	14269
petition proposing a union into a single city health district, an	14270
election shall be held as provided in this section to determine	14271
whether a single city health district shall be formed. The	14272
petition for union may specify regarding the board of health of	14273
the new district:	14274

(A) The qualifications for membership;

14275

(B) The term of office;

14276

(C) The number of members or a method by which the number may	14277
be determined from time to time;	14278

(D) The method of appointment.

14279

Such petition shall be filed with the boards of county	14280
commissioners of the respective counties affected, subject to	14281
approval of the director of health, and such boards shall promptly	14282
certify the text of the proposal to the boards of election for the	14283
purpose of having the proposal placed on the ballot at the next	14284
general election occurring more than ~~seventy-five~~ninety days	14285
after such certification. The election procedures provided in	14286
Chapter 3505. of the Revised Code for questions and issues shall	14287
apply to the election. If a majority of the electors voting on the	14288
proposal in each of the health districts affected vote in favor	14289
thereof, the union of such districts into a single city health	14290
district shall be established on the second succeeding first day	14291
of January.	14292

Sec. 3709.071. If at least three per cent of the qualified	14293
electors residing within each of one or more city health districts	14294
and a general health district sign a petition for union into a	14295
single general health district, an election shall be held as	14296
provided in this section to determine whether a single general	14297
health district shall be formed. The petition for union may	14298
specify regarding the board of health of the new district:	14299

(A) The qualifications for membership;

14300

(B) The term of office;

14301

(C) The number of members or a method by which the number may	14302
be determined from time to time;	14303

(D) The method of appointment.

14304

Such petition shall be filed with the boards of county	14305
commissioners of the respective counties affected, subject to	14306
approval of the director of health, and such boards shall promptly	14307
certify the text of the proposal to the boards of election for the	14308
purpose of having the proposal placed on the ballot at the next	14309
general election occurring more than ~~seventy-five~~ninety days	14310
after the filing of the petition with the boards of election. The	14311
election procedures provided in Chapter 3505. of the Revised Code	14312
for questions and issues shall be followed. If a majority of the	14313
electors voting on the proposal in each of the health districts	14314
affected vote in favor thereof, the union of such districts into a	14315
single general health district shall be established on the second	14316
succeeding January 1.	14317

When the establishment of a combined health district has been	14318
approved by the electors of a general health district and one or	14319
more city health districts, the ~~chairman~~chairperson of the	14320
district advisory council and the chief executive of each city	14321
uniting with the general health district shall enter into a	14322
contract for the administration of health affairs in the combined	14323
district. Such contract shall conform to the provisions of section	14324
3709.07 of the Revised Code regarding the contract for the	14325
administration of health affairs in a combined district, except	14326
that the date of the change of administration shall be as provided	14327
in this section and except for the specifications as to the board	14328
of health of the new district contained in the petition and	14329
submitted to the electors in the proposal to establish such	14330
district.	14331

Sec. 3709.29. If the estimated amount of money necessary to	14332
meet the expenses of a general health district program will not be	14333
forthcoming to the board of health of such district out of the	14334
district health fund because the taxes within the ten-mill	14335
limitation will be insufficient, the board of health shall certify	14336
the fact of such insufficiency to the board of county	14337
commissioners of the county in which such district is located.	14338
Such board of county commissioners is hereby ordained to be a	14339
special taxing authority for the purposes of this section only,	14340
and, notwithstanding any other law to the contrary, the board of	14341
county commissioners of any county in which a general health	14342
district is located is the taxing authority for such special levy	14343
outside the ten-mill limitation. The board of county commissioners	14344
shall thereupon, in the year preceding that in which such health	14345
program will be effective, by vote of two-thirds of all the	14346
members of that body, declare by resolution that the amount of	14347
taxes which may be raised within the ten-mill limitation will be	14348
insufficient to provide an adequate amount for the necessary	14349
requirements of such district within the county, and that it is	14350
necessary to levy a tax in excess of such limitation in order to	14351
provide the board of health with sufficient funds to carry out	14352
such health program. Such resolution shall be filed with the board	14353
of elections not later than four p.m. of the ~~seventy-fifth~~	14354
ninetieth day before the day of election.	14355

Such resolution shall specify the amount of increase in rate	14356
which it is necessary to levy and the number of years during which	14357
such increase shall be in effect, which shall not be for a longer	14358
period than ten years.	14359

The resolution shall conform to section 5705.191 of the	14360
Revised Code and be certified and submitted in the manner provided	14361
in section 5705.25 of the Revised Code, provided that the proposal	14362
shall be placed on the ballot at the next primary or general	14363
election occurring more than ~~seventy-five~~ninety days after the	14364
resolution is filed with the board of elections.	14365

Sec. 3767.05. (A) The civil action provided for in section	14366
3767.03 of the Revised Code shall be set down for trial at the	14367
earliest possible time and shall have precedence over all other	14368
cases except those involving crimes, election contests, or	14369
injunctions regardless of the position of the proceedings on the	14370
calendar of the court. In the civil action, evidence of the	14371
general reputation of the place where the nuisance is alleged to	14372
exist or an admission or finding of guilt of any person under the	14373
criminal laws against prostitution, lewdness, assignation, or	14374
other prohibited conduct at the place is admissible for the	14375
purpose of proving the existence of the nuisance and is	14376
prima-facie evidence of the nuisance and of knowledge of and of	14377
acquiescence and participation in the nuisance on the part of the	14378
person charged with maintaining it.	14379

(B) If the complaint for the permanent injunction is filed by	14380
a person who is a citizen of the county, it shall not be dismissed	14381
unless the complainant and the complainant's attorney submit a	14382
sworn statement setting forth the reasons why the civil action	14383
should be dismissed and the dismissal is approved by the	14384
prosecuting attorney in writing or in open court. If the person	14385
who files the complaint for the permanent ~~injuction~~injunction is	14386
a citizen of the county, if that person refuses or otherwise fails	14387
to prosecute the complaint to judgment, and if the civil action is	14388
not dismissed pursuant to this division, then, with the approval	14389
of the court, the attorney general, the prosecuting attorney of	14390
the county in which the nuisance exists, or the village solicitor,	14391
city director of law, or other similar chief legal officer of the	14392
municipal corporation in which the nuisance exists, may be	14393
substituted for the complainant and prosecute the civil action to	14394
judgment.	14395

(C) If the civil action is commenced by a person who is a	14396
citizen of the county where the nuisance is alleged to exist and	14397
the court finds that there were no reasonable grounds or cause for	14398
the civil action, the costs may be taxed to that person.	14399

(D) If the existence of the nuisance is established upon the	14400
trial of the civil action, a judgment shall be entered that	14401
perpetually enjoins the defendant and any other person from	14402
further maintaining the nuisance at the place complained of and	14403
the defendant from maintaining the nuisance elsewhere.	14404

(E) If the court finds that a nuisance described in division	14405
(C)(3) of section 3767.01 of the Revised Code exists, the court	14406
shall order the nuisance to be abated, and, in entering judgment	14407
for nuisance, the court shall do all of the following:	14408

(1) Specify that judgment is entered pursuant to division (E)	14409
of this section;	14410

(2) Order that no beer or intoxicating liquor may be	14411
manufactured, sold, bartered, possessed, kept, or stored in the	14412
room, house, building, structure, place, boat, or vehicle or any	14413
part thereof. The court need not find that the property was being	14414
unlawfully used at the time of the hearing on the matter if the	14415
court finds there existed a nuisance as described in division	14416
(C)(3) of section 3767.01 of the Revised Code.	14417

(3) Order that the room, house, building, boat, vehicle,	14418
structure, or place not be occupied or used for one year after the	14419
judgment is rendered. The court may permit the premises to be	14420
occupied by a person other than the defendant or a business	14421
affiliate of the defendant in the nuisance action, or an agent of,	14422
or entity owned in whole or part by, the defendant, if the person,	14423
lessee, tenant, or occupant of the location posts a bond with	14424
sufficient surety, to be approved by the court issuing the order,	14425
in the sum of not less than one thousand nor more than five	14426
thousand dollars, payable to the state of Ohio, on the condition	14427
that no beer or intoxicating liquor thereafter shall be	14428
manufactured, sold, bartered, possessed, kept, stored,	14429
transported, or otherwise disposed of on the premises, and the	14430
person agrees to pay all fines, costs, and damages that may be	14431
assessed for a violation. A reasonable sum shall be allowed an	14432
officer by the issuing court for the cost of closing and keeping	14433
closed the premises that is the subject of the nuisance action.	14434

(4) Send notice of the judgment entered to the division of	14435
liquor control, the liquor control commission, and the liquor	14436
enforcement division of the department of public safety.	14437

(F) A defendant found to have maintained a nuisance as	14438
described in division (C)(3) of section 3767.01 of the Revised	14439
Code also is subject to liability and penalties under sections	14440
4301.74 and 4399.09 of the Revised Code. The abatement of a	14441
nuisance under section 4399.09 of the Revised Code is in addition	14442
to and does not prevent the abatement of a nuisance under division	14443
(D) or (E) of this section.	14444

(G) If a court enters judgment pursuant to division (D) or	14445
(E) of this section finding that a nuisance exists at a liquor	14446
permit premises or as a result of the operation of a liquor permit	14447
premises, except in the case of a nuisance found as a result of a	14448
violation of a local zoning ordinance or resolution, the certified	14449
copy of the judgment required under division (A) of section	14450
4301.331 of the Revised Code shall be filed with the board of	14451
elections in the county in which the nuisance exists, not later	14452
than four p.m. of the ~~seventy-fifth~~ninetieth day before the day	14453
of the next general or primary election. However, no election	14454
shall be conducted on sales at the liquor permit premises under	14455
section 4301.352 of the Revised Code until all appeals on the	14456
judgment are resolved. The court of appeals shall render a	14457
decision on any appeal of the judgment within six months after the	14458
date of the filing of the appeal of the judgment with the clerk of	14459
the court of appeals, and the supreme court shall render a	14460
decision on any appeal of the judgment within six months after the	14461
date of the filing of the appeal of the judgment with the clerk of	14462
the supreme court.	14463

Sec. 3769.27. (A) If a petition is presented, not later than	14464
four p.m. of the ~~seventy-fifth~~ninetieth day before the day of a	14465
general or primary election, to the board of elections of any	14466
county, signed by qualified electors of the county equal in number	14467
to at least ten per cent of the total number of votes cast in the	14468
county for the office of governor at the preceding general	14469
election for that office, but signed by at least five hundred	14470
electors, requesting that there be submitted the question "shall	14471
satellite facilities that receive simulcasts of live horse races	14472
and that conduct wagering on those simulcasts be prohibited	14473
throughout this county for a period of ....... (not to exceed	14474
five) years?", the board of elections shall submit this question	14475
to the electors of the county on the day of the next general or	14476
primary election, whichever occurs first, in the manner provided	14477
by law for the submission of questions and issues. The board of	14478
elections shall notify the state racing commission of the results	14479
of the election on the question.	14480

(B) If a majority of the electors voting on the question set	14481
forth in division (A) of this section vote "yes," the state racing	14482
commission shall have no jurisdiction thereafter to approve	14483
satellite facilities in that county for the number of years, not	14484
exceeding five, specified in the petition. If a majority of the	14485
electors voting on the question set forth in division (A) of this	14486
section vote "no," this question shall not again be submitted to a	14487
vote in the county until the expiration of the time set forth in	14488
the petition. When the board of elections of any county has	14489
received a petition and accepted it as valid, it shall so notify	14490
the commission and the commission shall not approve a satellite	14491
facility in that county between this notification and the day of	14492
the general or primary election.	14493

(C) Once a proposed satellite facility receives the approval	14494
of the appropriate local legislative authority, a petition seeking	14495
an election under this section in the county where the proposed	14496
satellite facility will be located is invalid unless the date of	14497
signing of each signature on the petition that is counted by the	14498
board of elections to meet the number of signatures required by	14499
division (A) of this section is a date within ninety days after	14500
the date of the approval of the appropriate local legislative	14501
authority for the proposed satellite facility.	14502

Sec. 4301.33. (A) The board of elections shall provide to a	14503
petitioner circulating a petition for an election for the	14504
submission of one or more of the questions specified in divisions	14505
(A) to (D) of section 4301.35 or section 4301.351 of the Revised	14506
Code, at the time of taking out the petition, the names of the	14507
streets and, if appropriate, the address numbers of residences and	14508
business establishments within the precinct in which the election	14509
is sought, and a form prescribed by the secretary of state for	14510
notifying affected permit holders and liquor agency stores of the	14511
circulation of a petition for an election for the submission of	14512
one or more of the questions specified in divisions (A) to (D) of	14513
section 4301.35 or section 4301.351 of the Revised Code. The	14514
petitioner shall, not less than ~~forty-five~~fifty-five days before	14515
the petition-filing deadline for the election, as provided in this	14516
section, file with the division of liquor control the information	14517
regarding names of streets and, if appropriate, address numbers of	14518
residences and business establishments provided by the board of	14519
elections, and specify to the division the precinct that is	14520
concerned and that would be affected by the results of the	14521
election and the filing deadline. The division shall, within a	14522
reasonable period of time and not later than ~~fifteen~~twenty-five	14523
days before the filing deadline, supply the petitioner with a list	14524
of the names and addresses of permit holders and liquor agency	14525
stores, if any, that would be affected by the election. The list	14526
shall contain a heading with the following words: "Liquor permit	14527
holders and liquor agency stores that would be affected by the	14528
question(s) set forth on petition for a local option election."	14529

Within five days after a petitioner has received from the	14530
division the list of liquor permit holders and liquor agency	14531
stores, if any, that would be affected by the question or	14532
questions set forth on a petition for local option election, the	14533
petitioner shall, using the form provided by the board of	14534
elections, notify by certified mail each permit holder and liquor	14535
agency store whose name appears on that list. The form for	14536
notifying affected permit holders and liquor agency stores shall	14537
require the petitioner to state the petitioner's name and street	14538
address and shall contain a statement that a petition is being	14539
circulated for an election for the submission of the question or	14540
questions specified in divisions (A) to (D) of section 4301.35 or	14541
section 4301.351 of the Revised Code. The form shall require the	14542
petitioner to state the question or questions to be submitted as	14543
they appear on the petition.	14544

The petitioner shall attach a copy of the list provided by	14545
the division to each petition paper. A part petition paper	14546
circulated at any time without the list of affected permit holders	14547
and liquor agency stores attached to it is invalid.	14548

At the time the petitioner files the petition with the board	14549
of elections, the petitioner shall provide to the board the list	14550
supplied by the division and an affidavit certifying that the	14551
petitioner notified all affected permit holders and liquor agency	14552
stores, if any, on the list in the manner and within the time	14553
required in this section and that, at the time each signer of the	14554
petition affixed the signer's signature to the petition, the	14555
petition paper contained a copy of the list of affected permit	14556
holders and liquor agency stores.	14557

Within five days after receiving a petition calling for an	14558
election for the submission of one or more of the questions	14559
specified in divisions (A) to (D) of section 4301.35 or section	14560
4301.351 of the Revised Code, the board shall give notice by	14561
certified mail that it has received the petition to all liquor	14562
permit holders and liquor agency stores, if any, whose names	14563
appear on the list of affected permit holders and liquor agency	14564
stores filed by the petitioner. Failure of the petitioner to	14565
supply the affidavit required by this section and a complete and	14566
accurate list of liquor permit holders and liquor agency stores,	14567
if any, invalidates the entire petition. The board of elections	14568
shall provide to a permit holder or liquor agency store that would	14569
be affected by a proposed local option election, on the permit	14570
holder's or liquor agency store's request, the names of the	14571
streets, and, if appropriate, the address numbers of residences	14572
and business establishments within the precinct in which the	14573
election is sought that would be affected by the results of the	14574
election. The board may charge a reasonable fee for this	14575
information when provided to the petitioner and the permit holder	14576
or liquor agency store.	14577

(B) Upon the presentation of a petition, not later than four	14578
p.m. of the ~~seventy-fifth~~ninetieth day before the day of a	14579
general or primary election, to the board of elections of the	14580
county where the precinct is located, designating whether it is a	14581
petition for an election for the submission of one or more of the	14582
questions specified in section 4301.35 of the Revised Code, or a	14583
petition for the submission of one or more of the questions	14584
specified in section 4301.351 of the Revised Code, designating the	14585
particular question or questions specified in section 4301.35 or	14586
4301.351 of the Revised Code that are to be submitted, and signed	14587
by the qualified electors of the precinct concerned, equal in	14588
number to thirty-five per cent of the total number of votes cast	14589
in the precinct concerned for the office of governor at the	14590
preceding general election for that office, the board shall submit	14591
the question or questions specified in the petition to the	14592
electors of the precinct concerned, on the day of the next general	14593
or primary election, whichever occurs first and shall proceed as	14594
follows:	14595

(1) Such board shall, not later than the ~~sixty-eighth~~	14596
seventy-eighth day before the day of the election for which the	14597
question or questions on the petition would qualify for submission	14598
to the electors of the precinct, examine and determine the	14599
sufficiency of the signatures and review, examine, and determine	14600
the validity of the petition and, in case of overlapping precinct	14601
petitions presented within that period, determine which of the	14602
petitions shall govern the further proceedings of the board. In	14603
the case where the board determines that two or more overlapping	14604
petitions are valid, the earlier filed petition shall govern. The	14605
board shall certify the sufficiency and validity of any petition	14606
determined to be valid. The board shall determine the validity of	14607
the petition as of the time of certification as described in this	14608
division.	14609

(2) If a petition is sufficient, and, in case of overlapping	14610
precinct petitions, after the board has determined the governing	14611
petition, the board to which the petition has been presented shall	14612
order the holding of a special election in the precinct for the	14613
submission of whichever of the questions specified in section	14614
4301.35 or 4301.351 of the Revised Code are designated in the	14615
petition, on the day of the next general or primary election,	14616
whichever occurs first.	14617

(3) All petitions filed with a board of elections under this	14618
section shall be open to public inspection under rules adopted by	14619
the board.	14620

(4) Protest against local option petitions may be filed by	14621
any elector eligible to vote on the question or questions	14622
described in the petitions or by a permit holder or liquor agency	14623
store in the precinct as described in the petitions, not later	14624
than four p.m. of the ~~sixty-fourth~~seventy-fourth day before the	14625
day of the general or primary election for which the petition	14626
qualified. The protest shall be in writing and shall be filed with	14627
the election officials with whom the petition was filed. Upon	14628
filing of the protest, the election officials with whom it is	14629
filed shall promptly fix the time for hearing it, and shall mail	14630
notice of the filing of the protest and the time and place for	14631
hearing it to the person who filed the petition and to the person	14632
who filed the protest. At the time and place fixed, the election	14633
officials shall hear the protest and determine the validity of the	14634
petition.	14635

Sec. 4301.331. (A) The privilege of local option conferred	14636
by section 4301.321 of the Revised Code shall be exercised if a	14637
certified copy of the judgment issued pursuant to division (D) or	14638
(E) of section 3767.05 of the Revised Code that is the basis for	14639
the exercise of the local option privilege is filed pursuant to	14640
division (G) of section 3767.05 of the Revised Code indicating	14641
that a liquor permit premises has been adjudged a nuisance. The	14642
certified copy of the judgment shall be filed in accordance with	14643
this section by the person or public official who brought the	14644
action under section 3763.03 of the Revised Code.	14645

(B) The certified copy of the judgment prescribed under	14646
division (A) of this section shall be filed with the board of	14647
elections of the county in which the nuisance was adjudged to	14648
exist pursuant to division (D) or (E) of section 3767.05 of the	14649
Revised Code not later than four p.m. of the ~~seventy-fifth~~	14650
ninetieth day before the day of the next general or primary	14651
election.	14652

(C) The statement prescribed under division (A) of this	14653
section shall contain both of the following:	14654

(1) A notice that the statement is for the submission of the	14655
question set forth in section 4301.352 of the Revised Code;	14656

(2) The name of a class C or D permit holder and the address	14657
of the permit holder's permit premises. If the business conducted	14658
by a class C or D permit holder at the permit premises has a name	14659
different from the permit holder's personal or corporate name, the	14660
name of the permit holder's business shall be stated along with	14661
the permit holder's personal or corporate name.	14662

(D) Not later than five days after the certified copy of the	14663
judgment prescribed under division (A) of this section is filed,	14664
the board shall give notice by certified mail that it has received	14665
the certified copy of the judgment to the liquor permit holder	14666
whose permit would be affected by the results of the election	14667
required by the filing of the certified copy of the judgment.	14668
Failure of the petitioner to supply a complete and accurate	14669
address of the liquor permit holder to the board of elections	14670
invalidates the election.	14671

For purposes of this section, "complete and accurate address"	14672
means all of the following:	14673

(1) The address of the liquor permit premises;

14674

(2) The address of the statutory agent of the liquor permit	14675
holder, if applicable;	14676

(3) The address of the liquor permit holder if different from	14677
the liquor permit premises address.	14678

(E) Not later than the ~~sixty-eighth~~seventy-eighth day before	14679
the day of the next general or primary election, whichever occurs	14680
first, the board shall certify the sufficiency and validity of the	14681
certified copy of the judgment, make such determination as of the	14682
time of certification, and order the holding of an election in the	14683
precinct on the day of that general or primary election for the	14684
submission of the question set forth in section 4301.352 of the	14685
Revised Code.	14686

(F) A certified copy of the judgment filed with the board of	14687
elections under division (A) of this section shall be open to	14688
public inspection under rules adopted by the board.	14689

An elector who is eligible to vote on the question set forth	14690
in section 4301.352 of the Revised Code or the permit holder named	14691
on the certified copy of the judgment, not later than four p.m. of	14692
the ~~sixty-fourth~~seventy-fourth day before the day of the election	14693
at which the question will be submitted to the electors, may file	14694
a protest against a local option petition. The protest shall be in	14695
writing and shall be filed with the election officials with whom	14696
the certified copy of the judgment was filed. Upon the filing of	14697
the protest, the election officials with whom it is filed shall	14698
promptly fix a time and place for hearing the protest, and shall	14699
mail notice of the time and place for hearing it to the person who	14700
filed the certified copy of the judgment and to the person who	14701
filed the protest. At the time and place fixed, the election	14702
officials shall hear the protest and determine the validity of the	14703
certified copy of the judgment.	14704

Sec. 4301.332. (A) The board of elections shall provide to a	14705
petitioner circulating a petition for an election for the	14706
submission of one or more of the questions specified in section	14707
4301.353 or 4301.354 of the Revised Code, at the time of taking	14708
out the petition, the names of the streets and, if appropriate,	14709
the address numbers of residences and business establishments	14710
within the precinct that would be affected by the results of the	14711
election, and a form prescribed by the secretary of state for	14712
notifying affected permit holders of the circulation of a petition	14713
for an election for the submission of one or more of the questions	14714
specified in section 4301.353 or 4301.354 of the Revised Code. The	14715
petitioner shall, not less than ~~forty-five~~fifty-five days before	14716
the petition-filing deadline for the election, as provided in this	14717
section, file with the division of liquor control the information	14718
regarding names of streets and, if appropriate, address numbers of	14719
residences and business establishments provided by the board of	14720
elections, and specify to the division the portion of the precinct	14721
that would be affected by the results of the election and the	14722
filing deadline. The division shall, within a reasonable period of	14723
time and not later than ~~fifteen~~twenty-five days before the filing	14724
deadline, supply the petitioner with a list of the names and	14725
addresses of permit holders, if any, who would be affected by the	14726
election. The list shall contain a heading with the following	14727
words: "Liquor permit holders who would be affected by the	14728
question(s) set forth on petition for a local option election."	14729

Within five days after a petitioner has received from the	14730
division the list of liquor permit holders, if any, who would be	14731
affected by the question or questions set forth on a petition for	14732
local option election, the petitioner, using the form provided by	14733
the board of elections, shall notify by certified mail each permit	14734
holder whose name appears on that list. The form for notifying	14735
affected permit holders shall require the petitioner to state the	14736
petitioner's name and street address and shall contain a statement	14737
that a petition is being circulated for an election for the	14738
submission of the question or questions specified in section	14739
4301.353 or 4301.354 of the Revised Code. The form shall require	14740
the petitioner to state the question or questions to be submitted	14741
as they appear on the petition.	14742

The petitioner shall attach a copy of the list provided by	14743
the division to each petition paper. A part petition paper	14744
circulated at any time without the list of affected permit holders	14745
attached to it is invalid.	14746

At the time the petitioner files the petition with the board	14747
of elections, the petitioner shall provide to the board the list	14748
supplied by the division and an affidavit certifying that the	14749
petitioner notified all affected permit holders, if any, on the	14750
list in the manner and within the time required in this section	14751
and that, at the time each signer of the petition affixed the	14752
signer's signature to the petition, the petition paper contained a	14753
copy of the list of affected permit holders.	14754

Within five days after receiving a petition calling for an	14755
election for the submission of one or more of the questions	14756
specified in section 4301.353 or 4301.354 of the Revised Code, the	14757
board shall give notice by certified mail that it has received the	14758
petition to all liquor permit holders, if any, whose names appear	14759
on the list of affected permit holders filed by the petitioner as	14760
furnished by the division. Failure of the petitioner to supply the	14761
affidavit required by this section and a complete and accurate	14762
list of liquor permit holders as furnished by the division	14763
invalidates the entire petition. The board of elections shall	14764
provide to a permit holder who would be affected by a proposed	14765
local option election, on the permit holder's request, the names	14766
of the streets, and, if appropriate, the address numbers of	14767
residences and business establishments within the portion of the	14768
precinct that would be affected by the results of the election.	14769
The board may charge a reasonable fee for this information when	14770
provided to the petitioner and the permit holder.	14771

This division does not apply to an election held under	14772
section 4301.353 or 4301.354 of the Revised Code if the results of	14773
the election would not affect any permit holder.	14774

(B) Upon the presentation of a petition, not later than four	14775
p.m. of the ~~seventy-fifth~~ninetieth day before the day of a	14776
general or primary election, to the board of elections of the	14777
county where the precinct is located, designating whether it is a	14778
petition for an election for the submission of one or both of the	14779
questions specified in section 4301.353 of the Revised Code, or a	14780
petition for the submission of one or more of the questions	14781
specified in section 4301.354 of the Revised Code, designating the	14782
particular question or questions specified in section 4301.353 or	14783
4301.354 of the Revised Code that are to be submitted, and signed	14784
by the qualified electors of the precinct concerned, equal in	14785
number to thirty-five per cent of the total number of votes cast	14786
in the precinct concerned for the office of governor at the	14787
preceding general election for that office, the board shall submit	14788
the question or questions specified in the petition to the	14789
electors of the precinct concerned, on the day of the next general	14790
or primary election, whichever occurs first and shall proceed as	14791
follows:	14792

(1) Such board shall, not later than the ~~sixty-eighth~~	14793
seventy-eighth day before the day of the election for which the	14794
question or questions on the petition would qualify for submission	14795
to the electors of the precinct, examine and determine the	14796
sufficiency of the signatures and review, examine, and determine	14797
the validity of the petition and, in case of overlapping precinct	14798
petitions presented within that period, determine which of the	14799
petitions shall govern the further proceedings of the board. In	14800
the case where the board determines that two or more overlapping	14801
petitions are valid, the earlier filed petition shall govern. The	14802
board shall certify the sufficiency and validity of any petition	14803
determined to be valid. The board shall determine the validity of	14804
the petition as of the time of certification as described in this	14805
division.	14806

(2) If a petition is sufficient, and, in case of overlapping	14807
precinct petitions, after the board has determined the governing	14808
petition, the board to which the petition has been presented shall	14809
order the holding of a special election in the precinct for the	14810
submission of whichever of the questions specified in section	14811
4301.353 or 4301.354 of the Revised Code are designated in the	14812
petition, on the day of the next general or primary election,	14813
whichever occurs first.	14814

(C) All petitions filed with a board of elections under this	14815
section shall be open to public inspection under rules adopted by	14816
the board.	14817

(D) Protest against local option petitions may be filed by	14818
any elector eligible to vote on the question or questions	14819
described in the petitions or by a permit holder in the precinct	14820
as described in the petitions, not later than four p.m. of the	14821
~~sixty-fourth~~seventy-fourth day before the day of the general or	14822
primary election for which the petition qualified. The protest	14823
shall be in writing and shall be filed with the election officials	14824
with whom the petition was filed. Upon filing of the protest, the	14825
election officials with whom it is filed shall promptly fix the	14826
time for hearing it, and shall mail notice of the filing of the	14827
protest and the time and place for hearing it to the person who	14828
filed the petition and to the person who filed the protest. At the	14829
time and place fixed, the election officials shall hear the	14830
protest and determine the validity of the petition.	14831

Sec. 4301.333. (A) The privilege of local option conferred	14832
by section 4301.323 of the Revised Code may be exercised if, not	14833
later than four p.m. of the ~~seventy-fifth~~ninetieth day before the	14834
day of a general or primary election, a petition is presented to	14835
the board of elections of the county in which the precinct is	14836
situated by a petitioner who is one of the following:	14837

(1) An applicant for the issuance or transfer of a liquor	14838
permit at, or to, a particular location within the precinct;	14839

(2) The holder of a liquor permit at a particular location	14840
within the precinct;	14841

(3) A person who operates or seeks to operate a liquor agency	14842
store at a particular location within the precinct;	14843

(4) The designated agent for an applicant, liquor permit	14844
holder, or liquor agency store described in division (A)(1), (2),	14845
or (3) of this section.	14846

(B) The petition shall be signed by the electors of the	14847
precinct equal in number to at least thirty-five per cent of the	14848
total number of votes cast in the precinct for the office of	14849
governor at the preceding general election for that office and	14850
shall contain all of the following:	14851

(1) A notice that the petition is for the submission of the	14852
question or questions set forth in section 4301.355 of the Revised	14853
Code;	14854

(2) The name of the applicant for the issuance or transfer,	14855
or the holder, of the liquor permit or, if applicable, the name of	14856
the liquor agency store, including any trade or fictitious names	14857
under which the applicant, holder, or liquor agency store either	14858
intends to do or does business at the particular location;	14859

(3) The address and proposed use of the particular location	14860
within the election precinct to which the results of the question	14861
or questions specified in section 4301.355 of the Revised Code	14862
shall apply. For purposes of this division, "use" means all of the	14863
following:	14864

(a) The type of each liquor permit applied for by the	14865
applicant or held by the liquor permit holder as described in	14866
sections 4303.11 to 4303.183 of the Revised Code, including a	14867
description of the type of beer or intoxicating liquor sales	14868
authorized by each permit as provided in those sections;	14869

(b) If a liquor agency store, the fact that the business	14870
operated as a liquor agency store authorized to operate by this	14871
state;	14872

(c) A description of the general nature of the business of	14873
the applicant, liquor permit holder, or liquor agency store.	14874

(4) If the petition seeks approval of Sunday sales under	14875
question (B)(2) as set forth in section 4301.355 of the Revised	14876
Code, a statement indicating whether the hours of sale sought are	14877
between ten a.m. and midnight or between eleven a.m. and midnight.	14878

(C)(1) At the time the petitioner files the petition with the	14879
board of elections, the petitioner shall provide to the board both	14880
of the following:	14881

(a) An affidavit that is signed by the petitioner and that	14882
states the proposed use of the location following the election	14883
held to authorize the sale of beer or intoxicating liquor	14884
authorized by each permit as provided in sections 4303.11 to	14885
4303.183 of the Revised Code;	14886

(b) Written evidence of the designation of an agent by the	14887
applicant, liquor permit holder, or liquor agency store described	14888
in division (A)(1), (2), or (3) of this section for the purpose of	14889
petitioning for the local option election, if the petitioner is	14890
the designated agent of the applicant, liquor permit holder, or	14891
liquor agency store.	14892

(2) Failure to supply the affidavit, or the written evidence	14893
of the designation of the agent if the petitioner for the local	14894
option election is the agent of the applicant, liquor permit	14895
holder, or liquor agency store described in division (A)(1), (2),	14896
or (3) of this section, at the time the petition is filed	14897
invalidates the entire petition.	14898

(D) Not later than the ~~sixty-eighth~~seventy-eighth day before	14899
the day of the next general or primary election, whichever occurs	14900
first, the board shall examine and determine the sufficiency of	14901
the signatures and the validity of the petition. If the board	14902
finds that the petition contains sufficient signatures and in	14903
other respects is valid, it shall order the holding of an election	14904
in the precinct on the day of the next general or primary	14905
election, whichever occurs first, for the submission of the	14906
question or questions set forth in section 4301.355 of the Revised	14907
Code.	14908

(E) A petition filed with the board of elections under this	14909
section shall be open to public inspection under rules adopted by	14910
the board.	14911

(F) An elector who is eligible to vote on the question or	14912
questions set forth in section 4301.355 of the Revised Code may	14913
file, not later than four p.m. of the ~~sixty-fourth~~seventy-fourth	14914
day before the day of the election at which the question or	14915
questions will be submitted to the electors, a protest against a	14916
local option petition circulated and filed pursuant to this	14917
section. The protest shall be in writing and shall be filed with	14918
the election officials with whom the petition was filed. Upon the	14919
filing of the protest, the election officials with whom it is	14920
filed shall promptly establish a time and place for hearing the	14921
protest and shall mail notice of the time and place for the	14922
hearing to the applicant for, or the holder of, the liquor permit	14923
who is specified in the petition and to the elector who filed the	14924
protest. At the time and place established in the notice, the	14925
election officials shall hear the protest and determine the	14926
validity of the petition.	14927

Sec. 4301.334. (A) The privilege of local option conferred	14928
by section 4301.324 of the Revised Code may be exercised if, not	14929
later than four p.m. of the ~~seventy-fifth~~ninetieth day before the	14930
day of a general or primary election, a petition and other	14931
information required by division (B) of this section are presented	14932
to the board of elections of the county in which the community	14933
facility named in the petition is located. The petition shall be	14934
signed by electors of the municipal corporation or unincorporated	14935
area of the township in which the community facility is located	14936
equal in number to at least ten per cent of the total number of	14937
votes cast in the municipal corporation or unincorporated area of	14938
the township in which the community facility is located for the	14939
office of governor at the most recent general election for that	14940
office and shall contain both of the following:	14941

(1) A notice that the petition is for the submission of the	14942
question set forth in section 4301.356 of the Revised Code and a	14943
statement indicating whether the hours of Sunday sales sought in	14944
the local option election are between ten a.m. and midnight or	14945
between eleven a.m. and midnight;	14946

(2) The name and address of the community facility for which	14947
the local option election is sought and, if the community facility	14948
is a community entertainment district, the boundaries of the	14949
district.	14950

(B) Upon the request of a petitioner, a board of elections of	14951
a county shall furnish to the petitioner a copy of the	14952
instructions prepared by the secretary of state under division (P)	14953
of section 3501.05 of the Revised Code and, within fifteen days	14954
after the request, a certificate indicating the number of valid	14955
signatures that will be required on a petition to hold an election	14956
in the municipal corporation or unincorporated area of the	14957
township in which the community facility is located on the	14958
question specified in section 4301.356 of the Revised Code.	14959

The petitioner shall, not less than thirty days before the	14960
petition-filing deadline for an election on the question specified	14961
in section 4301.356 of the Revised Code, specify to the division	14962
of liquor control the name and address of the community facility	14963
for which the election is sought and, if the community facility is	14964
a community entertainment district, the boundaries of the	14965
district, the municipal corporation or unincorporated area of a	14966
township in which the election is sought, and the filing deadline.	14967
The division shall, within a reasonable period of time and not	14968
later than ten days before the filing deadline, supply the	14969
petitioner with the name and address of any permit holder for or	14970
within the community facility.	14971

The petitioner shall file the name and address of any permit	14972
holder who would be affected by the election at the time the	14973
petitioner files the petition with the board of elections. Within	14974
five days after receiving the petition, the board shall give	14975
notice by certified mail to any permit holder within the community	14976
facility that it has received the petition. Failure of the	14977
petitioner to supply the name and address of any permit holder for	14978
or within the community facility as furnished to the petitioner by	14979
the division invalidates the petition.	14980

(C) Not later than the ~~sixty-eighth~~seventy-eighth day before	14981
the day of the next general or primary election, whichever occurs	14982
first, the board shall examine and determine the sufficiency of	14983
the signatures on the petition. If the board finds that the	14984
petition is valid, it shall order the holding of an election in	14985
the municipal corporation or unincorporated area of a township on	14986
the day of the next general or primary election, whichever occurs	14987
first, for the submission of the question set forth in section	14988
4301.356 of the Revised Code.	14989

(D) A petition filed with a board of elections under this	14990
section shall be open to public inspection under rules adopted by	14991
the board.	14992

(E) An elector who is eligible to vote on the question set	14993
forth in section 4301.356 of the Revised Code or any permit holder	14994
for or within the community facility may, not later than four p.m.	14995
of the ~~sixty-fourth~~seventy-fourth day before the day of the	14996
election at which the question will be submitted to the electors,	14997
file a written protest against the local option petition with the	14998
board of elections with which the petition was filed. Upon the	14999
filing of the protest, the board shall promptly fix a time and	15000
place for hearing the protest and shall mail notice of the time	15001
and place to the person who filed the petition and to the person	15002
who filed the protest. At the time and place fixed, the board	15003
shall hear the protest and determine the validity of the petition.	15004

Sec. 4301.356. If a petition is filed under section 4301.334	15005
of the Revised Code for the submission of the question set forth	15006
in this section, an election shall be held in the municipal	15007
corporation or unincorporated area of a township as ordered by the	15008
board of elections under that section.	15009

Except as otherwise provided in this section, if the	15010
legislative authority of a municipal corporation in whose	15011
territory, or the board of township trustees of a township in	15012
whose unincorporated area, a community facility is located	15013
submits, not later than four p.m. of the ~~seventy-fifth~~ninetieth	15014
day before the day of a primary or general election, to the board	15015
of elections of the county in which the community facility is	15016
located an ordinance or resolution requesting the submission of	15017
the question set forth in this section to the electors of the	15018
municipal corporation or unincorporated area of the township, the	15019
board of elections shall order that an election be held on that	15020
question in the municipal corporation or the unincorporated area	15021
of the township on the day of the next primary or general	15022
election, whichever occurs first. The legislative authority or	15023
board of township trustees shall submit the name and address of	15024
any permit holder who would be affected by the results of the	15025
election to the board of elections at the same time it submits the	15026
ordinance or resolution. The board of elections, within five days	15027
after receiving the name and address, shall give notice by	15028
certified mail to each permit holder that it has received the	15029
ordinance or resolution. Failure of the legislative authority or	15030
board of township trustees to supply the name and address of each	15031
permit holder to the board of elections invalidates the effect of	15032
the ordinance or resolution.	15033

At the election, the following question shall be submitted to	15034
the electors of the municipal corporation or unincorporated area	15035
of a township:	15036

"Shall the sale of beer and intoxicating liquor be permitted	15037
on days of the week other than Sunday and between the hours of	15038
.......... (insert "ten a.m." or "eleven a.m.") and midnight on	15039
Sunday, at .......... (insert name of community facility), a	15040
community facility as defined by section 4301.01 of the Revised	15041
Code, and located at ........ (insert the address of the community	15042
facility and, if the community facility is a community	15043
entertainment district, the boundaries of the district, as set	15044
forth in the petition)?"	15045

The board of elections shall furnish printed ballots at the	15046
election as provided under section 3505.06 of the Revised Code,	15047
except that a separate ballot shall be used for the election under	15048
this section. The question set forth in this section shall be	15049
printed on each ballot, and the board shall insert in the question	15050
appropriate words to complete it, subject to the approval of the	15051
secretary of state. Votes shall be cast as provided under section	15052
3505.06 of the Revised Code.	15053

Sec. 4301.421. (A) For the purposes of section 307.696 of	15054
the Revised Code, to pay the expenses of administering the tax,	15055
and to pay any or all of the charge the board of elections makes	15056
against the county to hold the election on the question of levying	15057
the tax, or for those purposes and to provide revenues to the	15058
county for permanent improvements, the board of county	15059
commissioners may levy a tax on the sale of beer at a rate not to	15060
exceed sixteen cents per gallon, on the sale of cider at a rate	15061
not to exceed twenty-four cents per gallon, and on the sale of	15062
wine and mixed beverages at a rate not to exceed thirty-two cents	15063
per gallon. The tax shall be imposed on all beer, cider, wine, and	15064
mixed beverages sold for resale at retail in the county, and on	15065
all beer, cider, wine, and mixed beverages sold at retail in the	15066
county by the manufacturer, bottler, importer, or other person	15067
upon which the tax has not been paid. The tax shall not be levied	15068
on the sale of wine to be used for known sacramental purposes. The	15069
tax may be levied for any number of years not exceeding twenty.	15070
The tax shall be in addition to the taxes imposed by sections	15071
4301.42, 4301.43, 4301.432, and 4305.01 of the Revised Code. The	15072
tax shall not be considered a cost in any computation required	15073
under rules of the liquor control commission regulating minimum	15074
prices or mark-ups.	15075

Only one sale of the same article shall be used in computing,	15076
reporting, and paying the amount of tax due.	15077

The tax shall be levied pursuant to a resolution of the	15078
county commissioners approved by a majority of the electors in the	15079
county voting on the question of levying the tax, which resolution	15080
shall specify the rate of the tax, the number of years the tax	15081
will be levied, and the purposes for which the tax is levied. The	15082
election may be held on the date of a general election or special	15083
election held not sooner than ~~seventy-five~~ninety days after the	15084
date the board certifies its resolution to the board of elections.	15085
If approved by the electors, the tax shall take effect on the	15086
first day of the month specified in the resolution but not sooner	15087
than the first day of the month that is at least sixty days after	15088
the certification of the election results by the board of	15089
elections. A copy of the resolution levying the tax and the	15090
certification of the board of elections shall be certified to the	15091
tax commissioner at least sixty days prior to the date on which	15092
the tax is to become effective.	15093

A resolution under this section may be joined on the ballot	15094
as a single question with a resolution adopted under section	15095
307.697 or 5743.024 of the Revised Code to levy a tax for the same	15096
purposes and for the purpose of paying the expenses of	15097
administering the tax. The form of the ballot in an election held	15098
pursuant to this section shall be as prescribed in section 307.697	15099
of the Revised Code.	15100

(B) The board of county commissioners of a county in which a	15101
tax is imposed under this section on July 19, 1995, may levy a tax	15102
for the purpose of section 307.673 of the Revised Code regardless	15103
of whether or not the cooperative agreement authorized under that	15104
section has been entered into prior to the day the resolution	15105
adopted under division (B)(1) or (2) of this section is adopted,	15106
and for the purpose of reimbursing a county for costs incurred in	15107
the construction of a sports facility pursuant to an agreement	15108
entered into by the county under section 307.696 of the Revised	15109
Code. The tax shall be levied and approved in one of the manners	15110
prescribed by division (B)(1) or (2) of this section.	15111

(1) The tax may be levied pursuant to a resolution adopted by	15112
a majority of the members of the board of county commissioners not	15113
later than September 2, 1995. A board of county commissioners	15114
approving a tax under division (B)(1) of this section may approve	15115
a tax under division (D)(1) of section 307.697 or division (C)(1)	15116
of section 5743.024 of the Revised Code at the same time. Subject	15117
to the resolution being submitted to a referendum under sections	15118
305.31 to 305.41 of the Revised Code, the resolution shall take	15119
effect immediately, but the tax levied pursuant to the resolution	15120
shall not be levied prior to the day following the last day the	15121
tax levied pursuant to division (A) of this section may be levied.	15122

(2) The tax may be levied pursuant to a resolution adopted by	15123
a majority of the members of the board of county commissioners not	15124
later than September 2, 1995, and approved by a majority of the	15125
electors of the county voting on the question of levying the tax	15126
at the next succeeding general election following July 19, 1995.	15127
The board of county commissioners shall certify a copy of the	15128
resolution to the board of elections immediately upon adopting a	15129
resolution under division (D)(2) of this section, and the board of	15130
elections shall place the question of levying the tax on the	15131
ballot at that election. The form of the ballot shall be as	15132
prescribed by division (C) of section 307.697 of the Revised Code,	15133
except that the phrase "paying not more than one-half of the costs	15134
of providing a sports facility together with related redevelopment	15135
and economic development projects" shall be replaced by the phrase	15136
"paying the costs of constructing or renovating a sports facility	15137
and reimbursing a county for costs incurred by the county in the	15138
construction of a sports facility," and the phrase ", beginning	15139
.......... (here insert the earliest date the tax would take	15140
effect)" shall be appended after "years." A board of county	15141
commissioners submitting the question of a tax under division	15142
(B)(2) of this section may submit the question of a tax under	15143
division (D)(2) of section 307.697 or division (C)(2) of section	15144
5743.024 of the Revised Code as a single question, and the form of	15145
the ballot shall include each of the proposed taxes.	15146

If approved by a majority of electors voting on the question,	15147
the tax shall take effect on the day specified on the ballot,	15148
which shall not be earlier than the day following the last day the	15149
tax levied pursuant to division (A) of this section may be levied.	15150

The rate of a tax levied pursuant to division (B)(1) or (2)	15151
of this section shall not exceed the rate specified in division	15152
(A) of this section. A tax levied pursuant to division (B)(1) or	15153
(2) of this section may be levied for any number of years not	15154
exceeding twenty.	15155

A board of county commissioners adopting a resolution under	15156
division (B)(1) or (2) of this section shall certify a copy of the	15157
resolution to the tax commissioner immediately upon adoption of	15158
the resolution.	15159

(C) No tax shall be levied under this section on or after ~~the~~	15160
~~effective date of the amendment of this section by ....... of the~~	15161
~~127th general assembly~~September 23, 2008. This division does not	15162
prevent the collection of any tax levied under this section before	15163
that date so long as that tax remains effective.	15164

Sec. 4301.424. (A) For the purpose of section 351.26 of the	15165
Revised Code and to pay any or all of the charge the board of	15166
elections makes against the county to hold the election on the	15167
question of levying the tax, the board of county commissioners, in	15168
the manner prescribed by division (A) of section 351.26 of the	15169
Revised Code, may levy a tax on each gallon of spirituous liquor;	15170
on the sale of beer; and on the sale of wine and mixed beverages.	15171
The tax on spirituous liquor shall be imposed on spirituous liquor	15172
sold to or purchased by liquor permit holders for resale, and sold	15173
at retail by the division of liquor control, in the county at a	15174
rate not greater than three dollars per gallon; the tax on beer,	15175
wine, and mixed beverages shall be imposed on all beer, wine, and	15176
mixed beverages sold for resale at retail in the county, and on	15177
all beer, wine, and mixed beverages sold at retail in the county	15178
by the manufacturer, bottler, importer, or other person and upon	15179
which the tax has not been paid. The rate of the tax on beer shall	15180
not exceed sixteen cents per gallon, and the rate of the tax on	15181
wine and mixed beverages shall not exceed thirty-two cents per	15182
gallon. Only one sale of the same article shall be used in	15183
computing, reporting, and paying the amount of tax due. The tax	15184
may be levied for any number of years not exceeding twenty.	15185

The tax shall be levied pursuant to a resolution of the board	15186
of county commissioners adopted as prescribed by division (A) of	15187
section 351.26 of the Revised Code and approved by a majority of	15188
the electors in the county voting on the question of levying the	15189
tax. The resolution shall specify the rates of the tax, the number	15190
of years the tax will be levied, and the purposes for which the	15191
tax is levied. Such election may be held on the date of a general	15192
or special election held not sooner than ~~seventy-five~~ninety days	15193
after the date the board certifies its resolution to the board of	15194
elections. If approved by the electors, the tax takes effect on	15195
the first day of the month specified in the resolution but not	15196
sooner than the first day of the month that is at least sixty days	15197
after the certification of the election results by the board of	15198
elections. A copy of the resolution levying the tax shall be	15199
certified to the division of liquor control and the tax	15200
commissioner at least sixty days prior to the date on which the	15201
tax is to become effective.	15202

(B) A resolution under this section may be joined on the	15203
ballot as a single question with a resolution adopted under	15204
section 5743.026 of the Revised Code to levy a tax for the same	15205
purposes, and for the purpose of paying the expenses of	15206
administering that tax.	15207

(C) The form of the ballot in an election held on the	15208
question of levying a tax proposed pursuant to this section shall	15209
be as prescribed by section 351.26 of the Revised Code.	15210

(D) No tax shall be levied under this section on or after ~~the~~	15211
~~effective date of the amendment of this section by the capital~~	15212
~~appropriations act of the 127th general assembly~~September 23,	15213
2008. This division does not prevent the collection of any tax	15214
levied under this section before that date so long as that tax	15215
remains effective.	15216

Sec. 4303.29. (A) No permit, other than an H permit, shall	15217
be issued to a firm or partnership unless all the members of the	15218
firm or partnership are citizens of the United States. No permit,	15219
other than an H permit, shall be issued to an individual who is	15220
not a citizen of the United States. No permit, other than an E or	15221
H permit, shall be issued to any corporation organized under the	15222
laws of any country, territory, or state other than this state	15223
until it has furnished the division of liquor control with	15224
evidence that it has complied with the laws of this state relating	15225
to the transaction of business in this state.	15226

The division may refuse to issue any permit to or refuse to	15227
renew any permit of any person convicted of any felony that is	15228
reasonably related to the person's fitness to operate a liquor	15229
permit business in this state. No holder of a permit shall sell,	15230
assign, transfer, or pledge the permit without the written consent	15231
of the division.	15232

(B)(1) No D-3 permit shall be issued to any club unless the	15233
club has been continuously engaged in the activity specified in	15234
section 4303.15 of the Revised Code, as a qualification for that	15235
class of permit, for two years at the time the permit is issued.	15236

(2)(a) Subject to division (B)(2)(b) of this section, upon	15237
application by properly qualified persons, one C-1 and C-2 permit	15238
shall be issued for each one thousand population or part of that	15239
population, and one D-1 and D-2 permit shall be issued for each	15240
two thousand population or part of that population, in each	15241
municipal corporation and in the unincorporated area of each	15242
township.	15243

Subject to division (B)(2)(b) of this section, not more than	15244
one D-3, D-4, or D-5 permit shall be issued for each two thousand	15245
population or part of that population in any municipal corporation	15246
and in the unincorporated area of any township, except that, in	15247
any city of a population of fifty-five thousand or more, one D-3	15248
permit may be issued for each fifteen hundred population or part	15249
of that population.	15250

(b)(i) Division (B)(2)(a) of this section does not prohibit	15251
the transfer of location or the transfer of ownership and location	15252
of a C-1, C-2, D-1, D-2, D-3, or D-5 permit from a municipal	15253
corporation or the unincorporated area of a township in which the	15254
number of permits of that class exceeds the number of such permits	15255
authorized to be issued under division (B)(2)(a) of this section	15256
to an economic development project located in another municipal	15257
corporation or the unincorporated area of another township in	15258
which no additional permits of that class may be issued to the	15259
applicant under division (B)(2)(a) of this section, but the	15260
transfer of location or transfer of ownership and location of the	15261
permit may occur only if the applicant notifies the municipal	15262
corporation or township to which the location of the permit will	15263
be transferred regarding the transfer and that municipal	15264
corporation or township acknowledges in writing to the division of	15265
liquor control, at the time the application for the transfer of	15266
location or transfer of ownership and location of the permit is	15267
filed, that the transfer will be to an economic development	15268
project. This acknowledgment by the municipal corporation or	15269
township does not prohibit it from requesting a hearing under	15270
section 4303.26 of the Revised Code. The applicant is eligible to	15271
apply for and receive the transfer of location of the permit under	15272
division (B)(2)(b) of this section if all permits of that class	15273
that may be issued under division (B)(2)(a) of this section in the	15274
applicable municipal corporation or unincorporated area of the	15275
township have already been issued or if the number of applications	15276
filed for permits of that class in that municipal corporation or	15277
the unincorporated area of that township exceed the number of	15278
permits of that class that may be issued there under division	15279
(B)(2)(a) of this section.	15280

A permit transferred under division (B)(2)(b) of this section	15281
may be subsequently transferred to a different owner at the same	15282
location, or to the same owner or a different owner at a different	15283
location in the same municipal corporation or in the	15284
unincorporated area of the same township, as long as the same or	15285
new location meets the economic development project criteria set	15286
forth in this section.	15287

(ii) Factors that shall be used to determine the designation	15288
of an economic development project include, but are not limited	15289
to, architectural certification of the plans and the cost of the	15290
project, the number of jobs that will be created by the project,	15291
projected earnings of the project, projected tax revenues for the	15292
political subdivisions in which the project will be located, and	15293
the amount of financial investment in the project. The	15294
superintendent of liquor control shall determine whether the	15295
existing or proposed business that is seeking a permit described	15296
in division (B)(2)(b) of this section qualifies as an economic	15297
development project and, if the superintendent determines that it	15298
so qualifies, shall designate the business as an economic	15299
development project.	15300

(3) Nothing in this section shall be construed to restrict	15301
the issuance of a permit to a municipal corporation for use at a	15302
municipally owned airport at which commercial airline companies	15303
operate regularly scheduled flights on which space is available to	15304
the public. A municipal corporation applying for a permit for such	15305
a municipally owned airport is exempt, in regard to that	15306
application, from the population restrictions contained in this	15307
section and from population quota restrictions contained in any	15308
rule of the liquor control commission. A municipal corporation	15309
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a	15310
municipally owned airport is subject to section 4303.31 of the	15311
Revised Code.	15312

(4) Nothing in this section shall be construed to prohibit	15313
the issuance of a D permit to the board of trustees of a soldiers'	15314
memorial for a premises located at a soldiers' memorial	15315
established pursuant to Chapter 345. of the Revised Code. An	15316
application for a D permit by the board for those premises is	15317
exempt from the population restrictions contained in this section	15318
and from the population quota restrictions contained in any rule	15319
of the liquor control commission. The location of a D permit	15320
issued to the board for those premises shall not be transferred. A	15321
board of trustees of a soldiers' memorial applying for a D-1, D-2,	15322
D-3, D-4, or D-5 permit for the soldiers' memorial is subject to	15323
section 4303.31 of the Revised Code.	15324

(5) Nothing in this section shall be construed to restrict	15325
the issuance of a permit for a premises located at a golf course	15326
owned by a municipal corporation, township, or county, owned by a	15327
park district created under Chapter 1545. of the Revised Code, or	15328
owned by the state. The location of such a permit issued on or	15329
after September 26, 1984, for a premises located at such a golf	15330
course shall not be transferred. Any application for such a permit	15331
is exempt from the population quota restrictions contained in this	15332
section and from the population quota restrictions contained in	15333
any rule of the liquor control commission. A municipal	15334
corporation, township, county, park district, or state agency	15335
applying for a D-1, D-2, D-3, D-4, or D-5 permit for such a golf	15336
course is subject to section 4303.31 of the Revised Code.	15337

(6) As used in division (B)(6) of this section, "fair" has	15338
the same meaning as in section 991.01 of the Revised Code; "state	15339
fairgrounds" means the property that is held by the state for the	15340
purpose of conducting fairs, expositions, and exhibits and that is	15341
maintained and managed by the Ohio expositions commission under	15342
section 991.03 of the Revised Code; "capitol square" has the same	15343
meaning as in section 105.41 of the Revised Code; and "Ohio	15344
judicial center" means the site of the Ohio supreme court and its	15345
grounds.	15346

Nothing in this section shall be construed to restrict the	15347
issuance of one or more D permits to one or more applicants for	15348
all or a part of the state fairgrounds, capitol square, or the	15349
Ohio judicial center. An application for a D permit for the state	15350
fairgrounds, capitol square, or the Ohio judicial center is exempt	15351
from the population quota restrictions contained in this section	15352
and from the population quota restrictions contained in any rule	15353
of the liquor control commission. The location of a D permit	15354
issued for the state fairgrounds, capitol square, or the Ohio	15355
judicial center shall not be transferred. An applicant for a D-1,	15356
D-2, D-3, or D-5 permit for the state fairgrounds is not subject	15357
to section 4303.31 of the Revised Code.	15358

Pursuant to section 1711.09 of the Revised Code, the holder	15359
of a D permit issued for the state fairgrounds shall not deal in	15360
spirituous liquor at the state fairgrounds during, or for one week	15361
before or for three days after, any fair held at the state	15362
fairgrounds.	15363

(7) Nothing in this section shall be construed to prohibit	15364
the issuance of a D permit for a premises located at a zoological	15365
park at which sales have been approved in an election held under	15366
former section 4301.356 of the Revised Code. An application for a	15367
D permit for such a premises is exempt from the population	15368
restrictions contained in this section, from the population quota	15369
restrictions contained in any rule of the liquor control	15370
commission, and from section 4303.31 of the Revised Code. The	15371
location of a D permit issued for a premises at such a zoological	15372
park shall not be transferred, and no quota or other restrictions	15373
shall be placed on the number of D permits that may be issued for	15374
a premises at such a zoological park.	15375

(C)(1) No D-3, D-4, D-5, or D-5a permit shall be issued in	15376
any election precinct in any municipal corporation or in any	15377
election precinct in the unincorporated area of any township, in	15378
which at the November, 1933, election a majority of the electors	15379
voting thereon in the municipal corporation or in the	15380
unincorporated area of the township voted against the repeal of	15381
Section 9 of Article XV, Ohio Constitution, unless the sale of	15382
spirituous liquor by the glass is authorized by a majority vote of	15383
the electors voting on the question in the precinct at an election	15384
held pursuant to this section or by a majority vote of the	15385
electors of the precinct voting on question (C) at a special local	15386
option election held in the precinct pursuant to section 4301.35	15387
of the Revised Code. Upon the request of an elector, the board of	15388
elections of the county that encompasses the precinct shall	15389
furnish the elector with a copy of the instructions prepared by	15390
the secretary of state under division (P) of section 3501.05 of	15391
the Revised Code and, within fifteen days after the request, a	15392
certificate of the number of signatures required for a valid	15393
petition under this section.	15394

Upon the petition of thirty-five per cent of the total number	15395
of voters voting in any such precinct for the office of governor	15396
at the preceding general election, filed with the board of	15397
elections of the county in which such precinct is located not	15398
later than ~~seventy-five~~ninety days before a general election, the	15399
board shall prepare ballots and hold an election at such general	15400
election upon the question of allowing spirituous liquor to be	15401
sold by the glass in such precinct. The ballots shall be approved	15402
in form by the secretary of state. The results of the election	15403
shall be certified by the board to the secretary of state, who	15404
shall certify the results to the division.	15405

(2) No holder of a class D-3 permit issued for a boat or	15406
vessel shall sell spirituous liquor in any precinct, in which the	15407
election provided for in this section may be held, unless the sale	15408
of spirituous liquor by the drink has been authorized by vote of	15409
the electors as provided in this section or in section 4301.35 of	15410
the Revised Code.	15411

(D) Any holder of a C or D permit whose permit premises were	15412
purchased in 1986 or 1987 by the state or any state agency for	15413
highway purposes shall be issued the same permit at another	15414
location notwithstanding any quota restrictions contained in this	15415
chapter or in any rule of the liquor control commission.	15416

Sec. 4305.14. (A) The following questions regarding the sale	15417
of beer by holders of C or D permits may be presented to the	15418
qualified electors of an election precinct:	15419

(1) "Shall the sale of beer as defined in section 4305.08 of	15420
the Revised Code under permits which authorize sale for	15421
off-premises consumption only be permitted within this precinct?"	15422

(2) "Shall the sale of beer as defined in section 4305.08 of	15423
the Revised Code under permits which authorize sale for	15424
on-premises consumption only, and under permits which authorize	15425
sale for both on-premises and off-premises consumption, be	15426
permitted in this precinct?"	15427

The exact wording of the question as submitted and form of	15428
ballot as printed shall be determined by the board of elections in	15429
the county wherein the election is held, subject to approval of	15430
the secretary of state.	15431

Upon the request of an elector, a board of elections of a	15432
county that encompasses an election precinct shall furnish to the	15433
elector a copy of the instructions prepared by the secretary of	15434
state under division (P) of section 3501.05 of the Revised Code	15435
and, within fifteen days after the request, with a certificate	15436
indicating the number of valid signatures that will be required on	15437
a petition to hold a special election in that precinct on either	15438
or both of the questions specified in this section.	15439

The board shall provide to a petitioner, at the time the	15440
petitioner takes out a petition, the names of the streets and, if	15441
appropriate, the address numbers of residences and business	15442
establishments within the precinct in which the election is	15443
sought, and a form prescribed by the secretary of state for	15444
notifying affected permit holders of the circulation of a petition	15445
for an election for the submission of one or more of the questions	15446
specified in division (A) of this section. The petitioner shall,	15447
not less than ~~forty-five~~fifty-five days before the	15448
petition-filing deadline for an election provided for in this	15449
section, file with the division of liquor control the information	15450
regarding names of streets and, if appropriate, address numbers of	15451
residences and business establishments provided by the board of	15452
elections, and specify to the division the precinct that is	15453
concerned or that would be affected by the results of the election	15454
and the filing deadline. The division shall, within a reasonable	15455
period of time and not later than ~~fifteen~~twenty-five days before	15456
the filing deadline, supply the petitioner with a list of the	15457
names and addresses of permit holders who would be affected by the	15458
election. The list shall contain a heading with the following	15459
words: "liquor permit holders who would be affected by the	15460
question(s) set forth on a petition for a local option election."	15461

Within five days after receiving from the division the list	15462
of liquor permit holders who would be affected by the question or	15463
questions set forth on a petition for local option election, the	15464
petitioner shall, using the form provided by the board of	15465
elections, notify by certified mail each permit holder whose name	15466
appears on that list. The form for notifying affected permit	15467
holders shall require the petitioner to state the petitioner's	15468
name and street address and shall contain a statement that a	15469
petition is being circulated for an election for the submission of	15470
the question or questions specified in division (B) of this	15471
section. The form shall require the petitioner to state the	15472
question or questions to be submitted as they appear on the	15473
petition.	15474

The petitioner shall attach a copy of the list provided by	15475
the division to each petition paper. A part petition paper	15476
circulated at any time without the list of affected permit holders	15477
attached to it is invalid.	15478

At the time of filing the petition with the board of	15479
elections, the petitioner shall provide to the board of elections	15480
the list supplied by the division and an affidavit certifying that	15481
the petitioner notified all affected permit holders on the list in	15482
the manner and within the time required in this section and that,	15483
at the time each signer of the petition signed the petition, the	15484
petition paper contained a copy of the list of affected permit	15485
holders.	15486

Within five days after receiving a petition calling for an	15487
election for the submission of the question or questions set forth	15488
in this section, the board of elections shall give notice by	15489
certified mail that it has received the petition to all liquor	15490
permit holders whose names appear on the list of affected permit	15491
holders filed by the petitioner. Failure of the petitioner to	15492
supply the affidavit required by this section and a complete and	15493
accurate list of liquor permit holders invalidates the entire	15494
petition. The board of elections shall provide to a permit holder	15495
who would be affected by a proposed local option election, on the	15496
permit holder's request, the names of the streets, and, if	15497
appropriate, the address numbers of residences and business	15498
establishments within the precinct in which the election is sought	15499
and that would be affected by the results of the election. The	15500
board may charge a reasonable fee for this information when	15501
provided to the petitioner and the permit holder.	15502

Upon presentation not later than four p.m. of the	15503
~~seventy-fifth~~ninetieth day before the day of a general or primary	15504
election, of a petition to the board of elections of the county	15505
wherein such election is sought to be held, requesting the holding	15506
of such election on either or both of the questions specified in	15507
this section, signed by qualified electors of the precinct	15508
concerned equal in number to thirty-five per cent of the total	15509
number of votes cast in the precinct concerned for the office of	15510
governor at the preceding general election for that office, such	15511
board shall submit the question or questions specified in the	15512
petition to the electors of the precinct concerned, on the day of	15513
the next general or primary election, whichever occurs first.	15514

(B) The board shall proceed as follows:

15515

(1) Such board shall, upon the filing of a petition under	15516
this section, but not later than the ~~sixty-eighth~~seventy-eighth	15517
day before the day of the election for which the question or	15518
questions on the petition would qualify for submission to the	15519
electors of the precinct, examine and determine the sufficiency of	15520
the signatures and review, examine, and determine the validity of	15521
such petition and, in case of overlapping precinct petitions	15522
presented within that period, determine which of the petitions	15523
shall govern the further proceedings of the board. In the case	15524
where the board determines that two or more overlapping petitions	15525
are valid, the earlier petition shall govern. The board shall	15526
certify the sufficiency of signatures contained in the petition as	15527
of the time of filing and the validity of the petition as of the	15528
time of certification as described in division (C)(1) of this	15529
section if the board finds the petition to be both sufficient and	15530
valid.	15531

(2) If the petition contains sufficient signatures and is	15532
valid, and, in case of overlapping precinct petitions, after the	15533
board has determined the governing petition, the board shall order	15534
the holding of a special election in the precinct for the	15535
submission of the question or questions specified in the petition,	15536
on the day of the next general or primary election, whichever	15537
occurs first.	15538

(3) All petitions filed with a board of elections under this	15539
section shall be open to public inspection under rules adopted by	15540
the board.	15541

(C) Protest against a local option petition may be filed by	15542
any qualified elector eligible to vote on the question or	15543
questions specified in the petition or by a permit holder in the	15544
precinct as described in the petition, not later than four p.m. of	15545
the ~~sixty-fourth~~seventy-fourth day before the day of such general	15546
or primary election for which the petition qualified. Such protest	15547
shall be in writing and shall be filed with the election officials	15548
with whom the petition was filed. Upon filing of such protest the	15549
election officials with whom it is filed shall promptly fix the	15550
time for hearing it, and shall forthwith mail notice of the filing	15551
of the protest and the time for hearing it to the person who filed	15552
the petition which is protested and to the person who filed the	15553
protest. At the time and place fixed, the election officials shall	15554
hear the protest and determine the validity of the petition.	15555

(D) If a majority of the electors voting on the question in	15556
the precinct vote "yes" on question (1) or (2) as set forth in	15557
division (A) of this section, the sale of beer as specified in	15558
that question shall be permitted in the precinct and no subsequent	15559
election shall be held in the precinct under this section on the	15560
same question for a period of at least four years from the date of	15561
the most recent election.	15562

If a majority of the electors voting on the question in the	15563
precinct vote "no" on question (1) or (2) as set forth in division	15564
(A) of this section, no C or D permit holder shall sell beer as	15565
specified in that question within the precinct during the period	15566
the election is in effect and no subsequent election shall be held	15567
in the precinct under this section on the same question for a	15568
period of at least four years from the date of the most recent	15569
election.	15570

Sec. 4504.021. The question of repeal of a county permissive	15571
tax adopted as an emergency measure pursuant to section 4504.02,	15572
4504.15, or 4504.16 of the Revised Code may be initiated by filing	15573
with the board of elections of the county not less than	15574
~~seventy-five~~ninety days before the general election in any year a	15575
petition requesting that an election be held on such question.	15576
Such petition shall be signed by qualified electors residing in	15577
the county equal in number to ten per cent of those voting for	15578
governor at the most recent gubernatorial election.	15579

After determination by it that such petition is valid, the	15580
board of elections shall submit the question to the electors of	15581
the county at the next general election. The election shall be	15582
conducted, canvassed, and certified in the same manner as regular	15583
elections for county offices in the county. Notice of the election	15584
shall be published in a newspaper of general circulation in the	15585
district once a week for two consecutive weeks prior to the	15586
election and, if the board of elections operates and maintains a	15587
web site, notice of the election also shall be posted on that web	15588
site for thirty days prior to the election. The notice shall state	15589
the purpose, time, and place of the election. The form of the	15590
ballot cast at such election shall be prescribed by the secretary	15591
of state. The question covered by such petition shall be submitted	15592
as a separate proposition, but it may be printed on the same	15593
ballot with any other proposition submitted at the same election	15594
other than the election of officers. If a majority of the	15595
qualified electors voting on the question of repeal approve the	15596
repeal, the result of the election shall be certified immediately	15597
after the canvass by the board of elections to the county	15598
commissioners, who shall thereupon, after the current year, cease	15599
to levy the tax.	15600

Sec. 4504.15. For the purpose of paying the costs of	15601
enforcing and administering the tax provided for in this section;	15602
for the various purposes stated in section 4504.02 of the Revised	15603
Code; and to supplement revenue already available for those	15604
purposes, any county may, by resolution adopted by its board of	15605
county commissioners, levy an annual license tax, that shall be in	15606
addition to the tax levied by sections 4503.02, 4503.07, and	15607
4503.18 of the Revised Code, upon the operation of motor vehicles	15608
upon the public roads and highways. The tax shall be at the rate	15609
of five dollars per motor vehicle on all motor vehicles the	15610
district of registration of which, as defined in section 4503.10	15611
of the Revised Code, is located in the county levying the tax but	15612
is not located within any municipal corporation levying the tax	15613
authorized by section 4504.17 of the Revised Code, and shall be in	15614
addition to the taxes at the rates specified in sections 4503.04	15615
and 4503.16 of the Revised Code, subject to reductions in the	15616
manner provided in section 4503.11 of the Revised Code and the	15617
exemptions provided in sections 4503.16, 4503.17, 4503.171,	15618
4503.41, and 4503.43 of the Revised Code.	15619

Prior to the adoption of any resolution under this section,	15620
the board of county commissioners shall conduct two public	15621
hearings thereon, the second hearing to be not less than three nor	15622
more than ten days after the first. Notice of the date, time, and	15623
place of such hearings shall be given by publication in a	15624
newspaper of general circulation in the county once a week for two	15625
consecutive weeks, the second publication being not less than ten	15626
nor more than thirty days prior to the first hearing.	15627

No resolution under this section shall become effective	15628
sooner than thirty days following its adoption, and such	15629
resolution is subject to a referendum as provided in sections	15630
305.31 to 305.41 of the Revised Code, unless the resolution is	15631
adopted as an emergency measure necessary for the immediate	15632
preservation of the public peace, health, or safety, in which case	15633
it shall go into immediate effect. The emergency measure must	15634
receive an affirmative vote of all of the members of the board of	15635
county commissioners, and shall state the reasons for the	15636
necessity. A resolution may direct the board of elections to	15637
submit the question of levying the tax to the electors of the	15638
county at the next primary or general election occurring not less	15639
than ~~seventy-five~~ninety days after the resolution is certified to	15640
the board; no such resolution shall go into effect unless approved	15641
by a majority of those voting upon it. A county is not required to	15642
enact the tax authorized by section 4504.02 of the Revised Code in	15643
order to levy the tax authorized by this section, but no county	15644
may have in effect the tax authorized by this section if it	15645
repeals the tax authorized by section 4504.02 of the Revised Code	15646
after April 1, 1987.	15647

Sec. 4504.16. For the purpose of paying the costs of	15648
enforcing and administering the tax provided for in this section;	15649
for the various purposes stated in section 4504.02 of the Revised	15650
Code; and to supplement revenue already available for those	15651
purposes, any county that currently levies the tax authorized by	15652
section 4504.15 of the Revised Code may, by resolution adopted by	15653
its board of county commissioners, levy an annual license tax,	15654
that shall be in addition to the tax levied by that section and by	15655
sections 4503.02, 4503.07, and 4503.18 of the Revised Code, upon	15656
the operation of motor vehicles upon the public roads and	15657
highways. The tax shall be at the rate of five dollars per motor	15658
vehicle on all motor vehicles the district of registration of	15659
which, as defined in section 4503.10 of the Revised Code, is	15660
located in the county levying the tax but is not located within	15661
any municipal corporation levying the tax authorized by section	15662
4504.171 of the Revised Code, and shall be in addition to the	15663
taxes at the rates specified in sections 4503.04 and 4503.16 of	15664
the Revised Code, subject to reductions in the manner provided in	15665
section 4503.11 of the Revised Code and the exemptions provided in	15666
sections 4503.16, 4503.17, 4503.171, 4503.41, and 4503.43 of the	15667
Revised Code.	15668

Prior to the adoption of any resolution under this section,	15669
the board of county commissioners shall conduct two public	15670
hearings thereon, the second hearing to be not less than three nor	15671
more than ten days after the first. Notice of the date, time, and	15672
place of such hearings shall be given by publication in a	15673
newspaper of general circulation in the county once a week for two	15674
consecutive weeks, the second publication being not less than ten	15675
nor more than thirty days prior to the first hearing.	15676

No resolution under this section shall become effective	15677
sooner than thirty days following its adoption, and such	15678
resolution is subject to a referendum as provided in sections	15679
305.31 to 305.41 of the Revised Code, unless the resolution is	15680
adopted as an emergency measure necessary for the immediate	15681
preservation of the public peace, health, or safety, in which case	15682
it shall go into immediate effect. The emergency measure must	15683
receive an affirmative vote of all of the members of the board of	15684
county commissioners, and shall state the reasons for the	15685
necessity. A resolution may direct the board of elections to	15686
submit the question of levying the tax to the electors of the	15687
county at the next primary or general election occurring not less	15688
than ~~seventy-five~~ninety days after the resolution is certified to	15689
the board; no such resolution shall go into effect unless approved	15690
by a majority of those voting upon it.	15691

Nothing in this section or in section 4504.15 of the Revised	15692
Code shall be interpreted as preventing a county from levying the	15693
county motor vehicle license taxes authorized by such sections in	15694
a single resolution.	15695

Sec. 4504.21. (A) For the purpose of paying the costs and	15696
expenses of enforcing and administering the tax provided for in	15697
this section; for planning, constructing, reconstructing,	15698
improving, maintaining, and repairing roads, bridges, and	15699
culverts; for purchasing, erecting, and maintaining traffic signs,	15700
markers, lights, and signals; for paying debt service charges on	15701
obligations issued for those purposes; and to supplement revenue	15702
already available for those purposes, a transportation improvement	15703
district created in accordance with section 5540.02 of the Revised	15704
Code may levy an annual license tax upon the operation of motor	15705
vehicles on the public roads and highways in the territory of the	15706
district. The tax shall be levied in increments of five dollars	15707
and shall not exceed twenty dollars per motor vehicle on all motor	15708
vehicles the owners of which reside in the district and shall be	15709
in addition to all other taxes levied under this chapter, subject	15710
to reduction in the manner provided in division (B)(2) of section	15711
4503.11 of the Revised Code. The tax may be levied in all or part	15712
of the territory of the district.	15713

(B) The board of trustees of a transportation improvement	15714
district proposing to levy a motor vehicle license tax under this	15715
section shall put the question of the tax to the electors of the	15716
district or of that part of the district in which the tax would be	15717
levied. The election shall be held on the date of a primary or	15718
general election held not less than ~~seventy-five~~ninety days after	15719
the board of trustees certifies to the county board of elections	15720
its resolution proposing the tax. The resolution shall specify the	15721
rate of the tax. The board of elections shall submit the question	15722
of the tax to the electors at the primary or general election. The	15723
secretary of state shall prescribe the form of the ballot for the	15724
election. If approved by a majority of the electors voting on the	15725
question of the tax, the board of trustees shall levy the tax as	15726
provided in the resolution.	15727

(C) A transportation improvement district license tax levied	15728
under this section shall continue in effect until repealed, or	15729
until the dissolution of the transportation improvement district	15730
that levied it.	15731

(D) Money received by the registrar of motor vehicles	15732
pursuant to sections 4501.03 and 4504.09 of the Revised Code that	15733
consists of the taxes levied under this section shall be deposited	15734
in the auto registration distribution fund created by section	15735
4501.03 of the Revised Code and distributed to the transportation	15736
improvement district levying such tax. The registrar may assign to	15737
the transportation improvement district a unique code to	15738
facilitate the distribution of such money, which may be the same	15739
unique code assigned to a county under section 4501.03 of the	15740
Revised Code.	15741

Sec. 4928.20. (A) The legislative authority of a municipal	15742
corporation may adopt an ordinance, or the board of township	15743
trustees of a township or the board of county commissioners of a	15744
county may adopt a resolution, under which, on or after the	15745
starting date of competitive retail electric service, it may	15746
aggregate in accordance with this section the retail electrical	15747
loads located, respectively, within the municipal corporation,	15748
township, or unincorporated area of the county and, for that	15749
purpose, may enter into service agreements to facilitate for those	15750
loads the sale and purchase of electricity. The legislative	15751
authority or board also may exercise such authority jointly with	15752
any other such legislative authority or board. For customers that	15753
are not mercantile customers, an ordinance or resolution under	15754
this division shall specify whether the aggregation will occur	15755
only with the prior, affirmative consent of each person owning,	15756
occupying, controlling, or using an electric load center proposed	15757
to be aggregated or will occur automatically for all such persons	15758
pursuant to the opt-out requirements of division (D) of this	15759
section. The aggregation of mercantile customers shall occur only	15760
with the prior, affirmative consent of each such person owning,	15761
occupying, controlling, or using an electric load center proposed	15762
to be aggregated. Nothing in this division, however, authorizes	15763
the aggregation of the retail electric loads of an electric load	15764
center, as defined in section 4933.81 of the Revised Code, that is	15765
located in the certified territory of a nonprofit electric	15766
supplier under sections 4933.81 to 4933.90 of the Revised Code or	15767
an electric load center served by transmission or distribution	15768
facilities of a municipal electric utility.	15769

(B) If an ordinance or resolution adopted under division (A)	15770
of this section specifies that aggregation of customers that are	15771
not mercantile customers will occur automatically as described in	15772
that division, the ordinance or resolution shall direct the board	15773
of elections to submit the question of the authority to aggregate	15774
to the electors of the respective municipal corporation, township,	15775
or unincorporated area of a county at a special election on the	15776
day of the next primary or general election in the municipal	15777
corporation, township, or county. The legislative authority or	15778
board shall certify a copy of the ordinance or resolution to the	15779
board of elections not less than ~~seventy-five~~ninety days before	15780
the day of the special election. No ordinance or resolution	15781
adopted under division (A) of this section that provides for an	15782
election under this division shall take effect unless approved by	15783
a majority of the electors voting upon the ordinance or resolution	15784
at the election held pursuant to this division.	15785

(C) Upon the applicable requisite authority under divisions	15786
(A) and (B) of this section, the legislative authority or board	15787
shall develop a plan of operation and governance for the	15788
aggregation program so authorized. Before adopting a plan under	15789
this division, the legislative authority or board shall hold at	15790
least two public hearings on the plan. Before the first hearing,	15791
the legislative authority or board shall publish notice of the	15792
hearings once a week for two consecutive weeks in a newspaper of	15793
general circulation in the jurisdiction. The notice shall	15794
summarize the plan and state the date, time, and location of each	15795
hearing.	15796

(D) No legislative authority or board, pursuant to an	15797
ordinance or resolution under divisions (A) and (B) of this	15798
section that provides for automatic aggregation of customers that	15799
are not mercantile customers as described in division (A) of this	15800
section, shall aggregate the electrical load of any electric load	15801
center located within its jurisdiction unless it in advance	15802
clearly discloses to the person owning, occupying, controlling, or	15803
using the load center that the person will be enrolled	15804
automatically in the aggregation program and will remain so	15805
enrolled unless the person affirmatively elects by a stated	15806
procedure not to be so enrolled. The disclosure shall state	15807
prominently the rates, charges, and other terms and conditions of	15808
enrollment. The stated procedure shall allow any person enrolled	15809
in the aggregation program the opportunity to opt out of the	15810
program every three years, without paying a switching fee. Any	15811
such person that opts out before the commencement of the	15812
aggregation program pursuant to the stated procedure shall default	15813
to the standard service offer provided under section 4928.14 or	15814
division (D) of section 4928.35 of the Revised Code until the	15815
person chooses an alternative supplier.	15816

(E)(1) With respect to a governmental aggregation for a	15817
municipal corporation that is authorized pursuant to divisions (A)	15818
to (D) of this section, resolutions may be proposed by initiative	15819
or referendum petitions in accordance with sections 731.28 to	15820
731.41 of the Revised Code.	15821

(2) With respect to a governmental aggregation for a township	15822
or the unincorporated area of a county, which aggregation is	15823
authorized pursuant to divisions (A) to (D) of this section,	15824
resolutions may be proposed by initiative or referendum petitions	15825
in accordance with sections 731.28 to 731.40 of the Revised Code,	15826
except that:	15827

(a) The petitions shall be filed, respectively, with the	15828
township fiscal officer or the board of county commissioners, who	15829
shall perform those duties imposed under those sections upon the	15830
city auditor or village clerk.	15831

(b) The petitions shall contain the signatures of not less	15832
than ten per cent of the total number of electors in,	15833
respectively, the township or the unincorporated area of the	15834
county who voted for the office of governor at the preceding	15835
general election for that office in that area.	15836

(F) A governmental aggregator under division (A) of this	15837
section is not a public utility engaging in the wholesale purchase	15838
and resale of electricity, and provision of the aggregated service	15839
is not a wholesale utility transaction. A governmental aggregator	15840
shall be subject to supervision and regulation by the public	15841
utilities commission only to the extent of any competitive retail	15842
electric service it provides and commission authority under this	15843
chapter.	15844

(G) This section does not apply in the case of a municipal	15845
corporation that supplies such aggregated service to electric load	15846
centers to which its municipal electric utility also supplies a	15847
noncompetitive retail electric service through transmission or	15848
distribution facilities the utility singly or jointly owns or	15849
operates.	15850

(H) A governmental aggregator shall not include in its	15851
aggregation the accounts of any of the following:	15852

(1) A customer that has opted out of the aggregation;

15853

(2) A customer in contract with a certified electric services	15854
company;	15855

(3) A customer that has a special contract with an electric	15856
distribution utility;	15857

(4) A customer that is not located within the governmental	15858
aggregator's governmental boundaries;	15859

(5) Subject to division (C) of section 4928.21 of the Revised	15860
Code, a customer who appears on the "do not aggregate" list	15861
maintained under that section.	15862

(I) Customers that are part of a governmental aggregation	15863
under this section shall be responsible only for such portion of a	15864
surcharge under section 4928.144 of the Revised Code that is	15865
proportionate to the benefits, as determined by the commission,	15866
that electric load centers within the jurisdiction of the	15867
governmental aggregation as a group receive. The proportionate	15868
surcharge so established shall apply to each customer of the	15869
governmental aggregation while the customer is part of that	15870
aggregation. If a customer ceases being such a customer, the	15871
otherwise applicable surcharge shall apply. Nothing in this	15872
section shall result in less than full recovery by an electric	15873
distribution utility of any surcharge authorized under section	15874
4928.144 of the Revised Code.	15875

(J) On behalf of the customers that are part of a	15876
governmental aggregation under this section and by filing written	15877
notice with the public utilities commission, the legislative	15878
authority that formed or is forming that governmental aggregation	15879
may elect not to receive standby service within the meaning of	15880
division (B)(2)(d) of section 4928.143 of the Revised Code from an	15881
electric distribution utility in whose certified territory the	15882
governmental aggregation is located and that operates under an	15883
approved electric security plan under that section. Upon the	15884
filing of that notice, the electric distribution utility shall not	15885
charge any such customer to whom competitive retail electric	15886
generation service is provided by another supplier under the	15887
governmental aggregation for the standby service. Any such	15888
consumer that returns to the utility for competitive retail	15889
electric service shall pay the market price of power incurred by	15890
the utility to serve that consumer plus any amount attributable to	15891
the utility's cost of compliance with the alternative energy	15892
resource provisions of section 4928.64 of the Revised Code to	15893
serve the consumer. Such market price shall include, but not be	15894
limited to, capacity and energy charges; all charges associated	15895
with the provision of that power supply through the regional	15896
transmission organization, including, but not limited to,	15897
transmission, ancillary services, congestion, and settlement and	15898
administrative charges; and all other costs incurred by the	15899
utility that are associated with the procurement, provision, and	15900
administration of that power supply, as such costs may be approved	15901
by the commission. The period of time during which the market	15902
price and alternative energy resource amount shall be so assessed	15903
on the consumer shall be from the time the consumer so returns to	15904
the electric distribution utility until the expiration of the	15905
electric security plan. However, if that period of time is	15906
expected to be more than two years, the commission may reduce the	15907
time period to a period of not less than two years.	15908

(K) The commission shall adopt rules to encourage and promote	15909
large-scale governmental aggregation in this state. For that	15910
purpose, the commission shall conduct an immediate review of any	15911
rules it has adopted for the purpose of this section that are in	15912
effect on the effective date of the amendment of this section by	15913
S.B. 221 of the 127th general assembly, July 31, 2008. Further,	15914
within the context of an electric security plan under section	15915
4928.143 of the Revised Code, the commission shall consider the	15916
effect on large-scale governmental aggregation of any	15917
nonbypassable generation charges, however collected, that would be	15918
established under that plan, except any nonbypassable generation	15919
charges that relate to any cost incurred by the electric	15920
distribution utility, the deferral of which has been authorized by	15921
the commission prior to the effective date of the amendment of	15922
this section by S.B. 221 of the 127th general assembly, July 31,	15923
2008.	15924

Sec. 4929.26. (A)(1) The legislative authority of a	15925
municipal corporation may adopt an ordinance, or the board of	15926
township trustees of a township or the board of county	15927
commissioners of a county may adopt a resolution, under which, in	15928
accordance with this section and except as otherwise provided in	15929
division (A)(2) of this section, the legislative authority or	15930
board may aggregate automatically, subject to the opt-out	15931
requirements of division (D) of this section, competitive retail	15932
natural gas service for the retail natural gas loads that are	15933
located, respectively, within the municipal corporation, township,	15934
or unincorporated area of the county and for which there is a	15935
choice of supplier of that service as a result of revised	15936
schedules approved under division (C) of section 4929.29 of the	15937
Revised Code, a rule or order adopted or issued by the commission	15938
under Chapter 4905. of the Revised Code, or an exemption granted	15939
by the commission under sections 4929.04 to 4929.08 of the Revised	15940
Code. An ordinance or a resolution adopted under this section	15941
shall expressly state that it is adopted pursuant to the authority	15942
conferred by this section. The legislative authority or board also	15943
may exercise its authority under this section jointly with any	15944
other such legislative authority or board. For the purpose of the	15945
aggregation, the legislative authority or board may enter into	15946
service agreements to facilitate the sale and purchase of the	15947
service for the retail natural gas loads.	15948

(2)(a) No aggregation under an ordinance or resolution	15949
adopted under division (A)(1) of this section shall include the	15950
retail natural gas load of any person that meets any of the	15951
following criteria:	15952

(i) The person is both a distribution service customer and a	15953
mercantile customer on the date of commencement of service to the	15954
aggregated load, or the person becomes a distribution service	15955
customer after that date and also is a mercantile customer.	15956

(ii) The person is supplied with commodity sales service	15957
pursuant to a contract with a retail natural gas supplier that is	15958
in effect on the effective date of the ordinance or resolution.	15959

(iii) The person is supplied with commodity sales service as	15960
part of a retail natural gas load aggregation provided for	15961
pursuant to a rule or order adopted or issued by the commission	15962
under this chapter or Chapter 4905. of the Revised Code.	15963

(b) Nothing in division (A)(2)(a) of this section precludes a	15964
governmental aggregation under this section from permitting the	15965
retail natural gas load of a person described in division	15966
(A)(2)(a) of this section from being included in the aggregation	15967
upon the expiration of any contract or aggregation as described in	15968
division (A)(2)(a)(ii) or (iii) of this section or upon the person	15969
no longer being a customer as described in division (A)(2)(a)(i)	15970
of this section or qualifying to be included in an aggregation	15971
described under division (A)(2)(a)(iii) of this section.	15972

(B) An ordinance or resolution adopted under division (A) of	15973
this section shall direct the board of elections to submit the	15974
question of the authority to aggregate to the electors of the	15975
respective municipal corporation, township, or unincorporated area	15976
of a county at a special election on the day of the next primary	15977
or general election in the municipal corporation, township, or	15978
county. The legislative authority or board shall certify a copy of	15979
the ordinance or resolution to the board of elections not less	15980
than ~~seventy-five~~ninety days before the day of the special	15981
election. No ordinance or resolution adopted under division (A) of	15982
this section that provides for an election under this division	15983
shall take effect unless approved by a majority of the electors	15984
voting upon the ordinance or resolution at the election held	15985
pursuant to this division.	15986

(C) Upon the applicable requisite authority under divisions	15987
(A) and (B) of this section, the legislative authority or board	15988
shall develop a plan of operation and governance for the	15989
aggregation program so authorized. Before adopting a plan under	15990
this division, the legislative authority or board shall hold at	15991
least two public hearings on the plan. Before the first hearing,	15992
the legislative authority or board shall publish notice of the	15993
hearings once a week for two consecutive weeks in a newspaper of	15994
general circulation in the jurisdiction. The notice shall	15995
summarize the plan and state the date, time, and location of each	15996
hearing.	15997

(D) No legislative authority or board, pursuant to an	15998
ordinance or resolution under divisions (A) and (B) of this	15999
section, shall aggregate any retail natural gas load located	16000
within its jurisdiction unless it in advance clearly discloses to	16001
the person whose retail natural gas load is to be so aggregated	16002
that the person will be enrolled automatically in the aggregation	16003
and will remain so enrolled unless the person affirmatively elects	16004
by a stated procedure not to be so enrolled. The disclosure shall	16005
state prominently the rates, charges, and other terms and	16006
conditions of enrollment. The stated procedure shall allow any	16007
person enrolled in the aggregation the opportunity to opt out of	16008
the aggregation every two years, without paying a switching fee.	16009
Any such person that opts out of the aggregation pursuant to the	16010
stated procedure shall default to the natural gas company	16011
providing distribution service for the person's retail natural gas	16012
load, until the person chooses an alternative supplier.	16013

(E)(1) With respect to a governmental aggregation for a	16014
municipal corporation that is authorized pursuant to divisions (A)	16015
to (D) of this section, resolutions may be proposed by initiative	16016
or referendum petitions in accordance with sections 731.28 to	16017
731.41 of the Revised Code.	16018

(2) With respect to a governmental aggregation for a township	16019
or the unincorporated area of a county, which aggregation is	16020
authorized pursuant to divisions (A) to (D) of this section,	16021
resolutions may be proposed by initiative or referendum petitions	16022
in accordance with sections 731.28 to 731.40 of the Revised Code,	16023
except that:	16024

(a) The petitions shall be filed, respectively, with the	16025
township fiscal officer or the board of county commissioners, who	16026
shall perform those duties imposed under those sections upon the	16027
city auditor or village clerk.	16028

(b) The petitions shall contain the signatures of not less	16029
than ten per cent of the total number of electors in the township	16030
or the unincorporated area of the county, respectively, who voted	16031
for the office of governor at the preceding general election for	16032
that office in that area.	16033

(F) A governmental aggregator under division (A) of this	16034
section is not a public utility engaging in the wholesale purchase	16035
and resale of natural gas, and provision of the aggregated service	16036
is not a wholesale utility transaction. A governmental aggregator	16037
shall be subject to supervision and regulation by the public	16038
utilities commission only to the extent of any competitive retail	16039
natural gas service it provides and commission authority under	16040
this chapter.	16041

Sec. 4931.51. (A)(1) For the purpose of paying the costs of	16042
establishing, equipping, and furnishing one or more public safety	16043
answering points as part of a countywide 9-1-1 system effective	16044
under division (B) of section 4931.44 of the Revised Code and	16045
paying the expense of administering and enforcing this section,	16046
the board of county commissioners of a county, in accordance with	16047
this section, may fix and impose, on each lot or parcel of real	16048
property in the county that is owned by a person, municipal	16049
corporation, township, or other political subdivision and is	16050
improved, or is in the process of being improved, reasonable	16051
charges to be paid by each such owner. The charges shall be	16052
sufficient to pay only the estimated allowed costs and shall be	16053
equal in amount for all such lots or parcels.	16054

(2) For the purpose of paying the costs of operating and	16055
maintaining the answering points and paying the expense of	16056
administering and enforcing this section, the board, in accordance	16057
with this section, may fix and impose reasonable charges to be	16058
paid by each owner, as provided in division (A)(1) of this	16059
section, that shall be sufficient to pay only the estimated	16060
allowed costs and shall be equal in amount for all such lots or	16061
parcels. The board may fix and impose charges under this division	16062
pursuant to a resolution adopted for the purposes of both	16063
divisions (A)(1) and (2) of this section or pursuant to a	16064
resolution adopted solely for the purpose of division (A)(2) of	16065
this section, and charges imposed under division (A)(2) of this	16066
section may be separately imposed or combined with charges imposed	16067
under division (A)(1) of this section.	16068

(B) Any board adopting a resolution under this section	16069
pursuant to a final plan initiating the establishment of a 9-1-1	16070
system or pursuant to an amendment to a final plan shall adopt the	16071
resolution within sixty days after the board receives the final	16072
plan for the 9-1-1 system pursuant to division (C) of section	16073
4931.43 of the Revised Code. The board by resolution may change	16074
any charge imposed under this section whenever the board considers	16075
it advisable. Any resolution adopted under this section shall	16076
declare whether securities will be issued under Chapter 133. of	16077
the Revised Code in anticipation of the collection of unpaid	16078
special assessments levied under this section.	16079

(C) The board shall adopt a resolution under this section at	16080
a public meeting held in accordance with section 121.22 of the	16081
Revised Code. Additionally, the board, before adopting any such	16082
resolution, shall hold at least two public hearings on the	16083
proposed charges. Prior to the first hearing, the board shall	16084
publish notice of the hearings once a week for two consecutive	16085
weeks in a newspaper of general circulation in the county. The	16086
notice shall include a listing of the charges proposed in the	16087
resolution and the date, time, and location of each of the	16088
hearings. The board shall hear any person who wishes to testify on	16089
the charges or the resolution.	16090

(D) No resolution adopted under this section shall be	16091
effective sooner than thirty days following its adoption nor shall	16092
any such resolution be adopted as an emergency measure. The	16093
resolution is subject to a referendum in accordance with sections	16094
305.31 to 305.41 of the Revised Code unless, in the resolution,	16095
the board of county commissioners directs the board of elections	16096
of the county to submit the question of imposing the charges to	16097
the electors of the county at the next primary or general election	16098
in the county occurring not less than ~~seventy-five~~ninety days	16099
after the resolution is certified to the board. No resolution	16100
shall go into effect unless approved by a majority of those voting	16101
upon it in any election allowed under this division.	16102

(E) To collect charges imposed under division (A) of this	16103
section, the board of county commissioners shall certify them to	16104
the county auditor of the county who then shall place them upon	16105
the real property duplicate against the properties to be assessed,	16106
as provided in division (A) of this section. Each assessment shall	16107
bear interest at the same rate that securities issued in	16108
anticipation of the collection of the assessments bear, is a lien	16109
on the property assessed from the date placed upon the real	16110
property duplicate by the auditor, and shall be collected in the	16111
same manner as other taxes.	16112

(F) All money collected by or on behalf of a county under	16113
this section shall be paid to the county treasurer of the county	16114
and kept in a separate and distinct fund to the credit of the	16115
county. The fund shall be used to pay the costs allowed in	16116
division (A) of this section and specified in the resolution	16117
adopted under that division. In no case shall any surplus so	16118
collected be expended for other than the use and benefit of the	16119
county.	16120

Sec. 4931.52. (A) This section applies only to a county that	16121
meets both of the following conditions:	16122

(1) A final plan for a countywide 9-1-1 system either has not	16123
been approved in the county under section 4931.44 of the Revised	16124
Code or has been approved but has not been put into operation	16125
because of a lack of funding;	16126

(2) The board of county commissioners, at least once, has	16127
submitted to the electors of the county the question of raising	16128
funds for a 9-1-1 system under section 4931.51, 5705.19, or	16129
5739.026 of the Revised Code, and a majority of the electors has	16130
disapproved the question each time it was submitted.	16131

(B) A board of county commissioners may adopt a resolution	16132
imposing a monthly charge on telephone access lines to pay for the	16133
equipment costs of establishing and maintaining no more than three	16134
public safety answering points of a countywide 9-1-1 system, which	16135
public safety answering points shall be only twenty-four-hour	16136
dispatching points already existing in the county. The resolution	16137
shall state the amount of the charge, which shall not exceed fifty	16138
cents per month, and the month the charge will first be imposed,	16139
which shall be no earlier than four months after the special	16140
election held pursuant to this section. Each residential and	16141
business telephone company customer within the area served by the	16142
9-1-1 system shall pay the monthly charge for each of its	16143
residential or business customer access lines or their equivalent.	16144

Before adopting a resolution under this division, the board	16145
of county commissioners shall hold at least two public hearings on	16146
the proposed charge. Before the first hearing, the board shall	16147
publish notice of the hearings once a week for two consecutive	16148
weeks in a newspaper of general circulation in the county. The	16149
notice shall state the amount of the proposed charge, an	16150
explanation of the necessity for the charge, and the date, time,	16151
and location of each of the hearings.	16152

(C) A resolution adopted under division (B) of this section	16153
shall direct the board of elections to submit the question of	16154
imposing the charge to the electors of the county at a special	16155
election on the day of the next primary or general election in the	16156
county. The board of county commissioners shall certify a copy of	16157
the resolution to the board of elections not less than	16158
~~seventy-five~~ninety days before the day of the special election.	16159
No resolution adopted under division (B) of this section shall	16160
take effect unless approved by a majority of the electors voting	16161
upon the resolution at an election held pursuant to this section.	16162

In any year, the board of county commissioners may impose a	16163
lesser charge than the amount originally approved by the electors.	16164
The board may change the amount of the charge no more than once a	16165
year. The board may not impose a charge greater than the amount	16166
approved by the electors without first holding an election on the	16167
question of the greater charge.	16168

(D) Money raised from a monthly charge on telephone access	16169
lines under this section shall be deposited into a special fund	16170
created in the county treasury by the board of county	16171
commissioners pursuant to section 5705.12 of the Revised Code, to	16172
be used only for the necessary equipment costs of establishing and	16173
maintaining no more than three public safety answering points of a	16174
countywide 9-1-1 system pursuant to a resolution adopted under	16175
division (B) of this section. In complying with this division, any	16176
county may seek the assistance of the public utilities commission	16177
with regard to operating and maintaining a 9-1-1 system.	16178

(E) Pursuant to the voter approval required by division (C)	16179
of this section, the final plan for a countywide 9-1-1 system that	16180
will be funded through a monthly charge imposed in accordance with	16181
this section shall be amended by the existing 9-1-1 planning	16182
committee, and the amendment of such a final plan is not an	16183
amendment of a final plan for the purpose of division (A) of	16184
section 4931.45 of the Revised Code.	16185

Sec. 4931.53. (A) This section applies only to a county that	16186
has a final plan for a countywide 9-1-1 system that either has not	16187
been approved in the county under section 4931.44 of the Revised	16188
Code or has been approved but has not been put into operation	16189
because of a lack of funding.	16190

(B) A board of county commissioners may adopt a resolution	16191
imposing a monthly charge on telephone access lines to pay for the	16192
operating and equipment costs of establishing and maintaining no	16193
more than one public safety answering point of a countywide 9-1-1	16194
system. The resolution shall state the amount of the charge, which	16195
shall not exceed fifty cents per month, and the month the charge	16196
will first be imposed, which shall be no earlier than four months	16197
after the special election held pursuant to this section. Each	16198
residential and business telephone company customer within the	16199
area of the county served by the 9-1-1 system shall pay the	16200
monthly charge for each of its residential or business customer	16201
access lines or their equivalent.	16202

Before adopting a resolution under this division, the board	16203
of county commissioners shall hold at least two public hearings on	16204
the proposed charge. Before the first hearing, the board shall	16205
publish notice of the hearings once a week for two consecutive	16206
weeks in a newspaper of general circulation in the county. The	16207
notice shall state the amount of the proposed charge, an	16208
explanation of the necessity for the charge, and the date, time,	16209
and location of each of the hearings.	16210

(C) A resolution adopted under division (B) of this section	16211
shall direct the board of elections to submit the question of	16212
imposing the charge to the electors of the county at a special	16213
election on the day of the next primary or general election in the	16214
county. The board of county commissioners shall certify a copy of	16215
the resolution to the board of elections not less than	16216
~~seventy-five~~ninety days before the day of the special election.	16217
No resolution adopted under division (B) of this section shall	16218
take effect unless approved by a majority of the electors voting	16219
upon the resolution at an election held pursuant to this section.	16220

In any year, the board of county commissioners may impose a	16221
lesser charge than the amount originally approved by the electors.	16222
The board may change the amount of the charge no more than once a	16223
year. The board shall not impose a charge greater than the amount	16224
approved by the electors without first holding an election on the	16225
question of the greater charge.	16226

(D) Money raised from a monthly charge on telephone access	16227
lines under this section shall be deposited into a special fund	16228
created in the county treasury by the board of county	16229
commissioners pursuant to section 5705.12 of the Revised Code, to	16230
be used only for the necessary operating and equipment costs of	16231
establishing and maintaining no more than one public safety	16232
answering point of a countywide 9-1-1 system pursuant to a	16233
resolution adopted under division (B) of this section. In	16234
complying with this division, any county may seek the assistance	16235
of the public utilities commission with regard to operating and	16236
maintaining a 9-1-1 system.	16237

(E) Nothing in sections 4931.40 to 4931.53 of the Revised	16238
Code precludes a final plan adopted in accordance with those	16239
sections from being amended to provide that, by agreement included	16240
in the plan, a public safety answering point of another countywide	16241
9-1-1 system is the public safety answering point of a countywide	16242
9-1-1 system funded through a monthly charge imposed in accordance	16243
with this section. In that event, the county for which the public	16244
safety answering point is provided shall be deemed the subdivision	16245
operating the public safety answering point for purposes of	16246
sections 4931.40 to 4931.53 of the Revised Code, except that, for	16247
the purpose of division (D) of section 4931.41 of the Revised	16248
Code, the county shall pay only so much of the costs associated	16249
with establishing, equipping, furnishing, operating, or	16250
maintaining the public safety answering point specified in the	16251
agreement included in the final plan.	16252

(F) Pursuant to the voter approval required by division (C)	16253
of this section, the final plan for a countywide 9-1-1 system that	16254
will be funded through a monthly charge imposed in accordance with	16255
this section, or that will be amended to include an agreement	16256
described in division (E) of this section, shall be amended by the	16257
existing 9-1-1 planning committee, and the amendment of such a	16258
final plan is not an amendment of a final plan for the purpose of	16259
division (A) of section 4931.45 of the Revised Code.	16260

Sec. 4951.44. The officials in charge of the general	16261
election shall arrange, provide for, and conduct the submission of	16262
the question of a grant as provided in section 4951.43 of the	16263
Revised Code to such electors. The question whether the grant	16264
shall be made shall be submitted to the electors of such city at	16265
the succeeding general election occurring more than ~~seventy-five~~	16266
ninety days after the expiration of the sixty days provided in	16267
such section. If the grant is for the construction of elevated	16268
tracks, the ballots shall read "Elevated Railroad Grant--Yes",	16269
"Elevated Railroad Grant--No". If the grant is for the	16270
construction of underground tracks, the ballots shall read	16271
"Underground Railroad Grant--Yes", "Underground Railroad	16272
Grant--No". If the grant is for the construction of partly	16273
elevated and partly underground tracks, the ballots shall read	16274
"Elevated and Underground Railroad Grant--Yes", "Elevated and	16275
Underground Railroad Grant--No". If at such election a majority of	16276
the votes cast on such question is against such grant, such grant	16277
is void.	16278

Sec. 4955.05. The officials in charge of general elections,	16279
in accordance with the laws relating to elections, shall arrange	16280
for and conduct the submission of the question referred to in	16281
section 4955.04 of the Revised Code to the electors. The question	16282
whether the grant shall be made shall be submitted to the electors	16283
of such municipal corporation at the succeeding general election	16284
occurring more than ~~seventy-five~~ninety days after the expiration	16285
of the sixty days referred to in such section. The ballots at such	16286
election shall read "Elevated Railroad Grant--Yes;" "Elevated	16287
Railroad Grant--No." If at the election a majority of the votes	16288
cast on such question is against the grant, it shall be void.	16289

Sec. 5705.19. This section does not apply to school	16290
districts or county school financing districts.	16291

The taxing authority of any subdivision at any time and in	16292
any year, by vote of two-thirds of all the members of the taxing	16293
authority, may declare by resolution and certify the resolution to	16294
the board of elections not less than ~~seventy-five~~ninety days	16295
before the election upon which it will be voted that the amount of	16296
taxes that may be raised within the ten-mill limitation will be	16297
insufficient to provide for the necessary requirements of the	16298
subdivision and that it is necessary to levy a tax in excess of	16299
that limitation for any of the following purposes:	16300

(A) For current expenses of the subdivision, except that the	16301
total levy for current expenses of a detention facility district	16302
or district organized under section 2151.65 of the Revised Code	16303
shall not exceed two mills and that the total levy for current	16304
expenses of a combined district organized under sections 2151.65	16305
and 2152.41 of the Revised Code shall not exceed four mills;	16306

(B) For the payment of debt charges on certain described	16307
bonds, notes, or certificates of indebtedness of the subdivision	16308
issued subsequent to January 1, 1925;	16309

(C) For the debt charges on all bonds, notes, and	16310
certificates of indebtedness issued and authorized to be issued	16311
prior to January 1, 1925;	16312

(D) For a public library of, or supported by, the subdivision	16313
under whatever law organized or authorized to be supported;	16314

(E) For a municipal university, not to exceed two mills over	16315
the limitation of one mill prescribed in section 3349.13 of the	16316
Revised Code;	16317

(F) For the construction or acquisition of any specific	16318
permanent improvement or class of improvements that the taxing	16319
authority of the subdivision may include in a single bond issue;	16320

(G) For the general construction, reconstruction,	16321
resurfacing, and repair of streets, roads, and bridges in	16322
municipal corporations, counties, or townships;	16323

(H) For parks and recreational purposes;

16324

(I) For the purpose of providing and maintaining fire	16325
apparatus, appliances, buildings, or sites therefor, or sources of	16326
water supply and materials therefor, or the establishment and	16327
maintenance of lines of fire alarm telegraph, or the payment of	16328
permanent, part-time, or volunteer firefighters or firefighting	16329
companies to operate the same, including the payment of the	16330
firefighter employers' contribution required under section 742.34	16331
of the Revised Code, or the purchase of ambulance equipment, or	16332
the provision of ambulance, paramedic, or other emergency medical	16333
services operated by a fire department or firefighting company;	16334

(J) For the purpose of providing and maintaining motor	16335
vehicles, communications, other equipment, buildings, and sites	16336
for such buildings used directly in the operation of a police	16337
department, or the payment of salaries of permanent police	16338
personnel, including the payment of the police officer employers'	16339
contribution required under section 742.33 of the Revised Code, or	16340
the payment of the costs incurred by townships as a result of	16341
contracts made with other political subdivisions in order to	16342
obtain police protection, or the provision of ambulance or	16343
emergency medical services operated by a police department;	16344

(K) For the maintenance and operation of a county home or	16345
detention facility;	16346

(L) For community mental retardation and developmental	16347
disabilities programs and services pursuant to Chapter 5126. of	16348
the Revised Code, except that the procedure for such levies shall	16349
be as provided in section 5705.222 of the Revised Code;	16350

(M) For regional planning;

16351

(N) For a county's share of the cost of maintaining and	16352
operating schools, district detention facilities, forestry camps,	16353
or other facilities, or any combination thereof, established under	16354
section 2151.65 or 2152.41 of the Revised Code or both of those	16355
sections;	16356

(O) For providing for flood defense, providing and	16357
maintaining a flood wall or pumps, and other purposes to prevent	16358
floods;	16359

(P) For maintaining and operating sewage disposal plants and	16360
facilities;	16361

(Q) For the purpose of purchasing, acquiring, constructing,	16362
enlarging, improving, equipping, repairing, maintaining, or	16363
operating, or any combination of the foregoing, a county transit	16364
system pursuant to sections 306.01 to 306.13 of the Revised Code,	16365
or of making any payment to a board of county commissioners	16366
operating a transit system or a county transit board pursuant to	16367
section 306.06 of the Revised Code;	16368

(R) For the subdivision's share of the cost of acquiring or	16369
constructing any schools, forestry camps, detention facilities, or	16370
other facilities, or any combination thereof, under section	16371
2151.65 or 2152.41 of the Revised Code or both of those sections;	16372

(S) For the prevention, control, and abatement of air	16373
pollution;	16374

(T) For maintaining and operating cemeteries;

16375

(U) For providing ambulance service, emergency medical	16376
service, or both;	16377

(V) For providing for the collection and disposal of garbage	16378
or refuse, including yard waste;	16379

(W) For the payment of the police officer employers'	16380
contribution or the firefighter employers' contribution required	16381
under sections 742.33 and 742.34 of the Revised Code;	16382

(X) For the construction and maintenance of a drainage	16383
improvement pursuant to section 6131.52 of the Revised Code;	16384

(Y) For providing or maintaining senior citizens services or	16385
facilities as authorized by section 307.694, 307.85, 505.70, or	16386
505.706 or division (EE) of section 717.01 of the Revised Code;	16387

(Z) For the provision and maintenance of zoological park	16388
services and facilities as authorized under section 307.76 of the	16389
Revised Code;	16390

(AA) For the maintenance and operation of a free public	16391
museum of art, science, or history;	16392

(BB) For the establishment and operation of a 9-1-1 system,	16393
as defined in section 4931.40 of the Revised Code;	16394

(CC) For the purpose of acquiring, rehabilitating, or	16395
developing rail property or rail service. As used in this	16396
division, "rail property" and "rail service" have the same	16397
meanings as in section 4981.01 of the Revised Code. This division	16398
applies only to a county, township, or municipal corporation.	16399

(DD) For the purpose of acquiring property for, constructing,	16400
operating, and maintaining community centers as provided for in	16401
section 755.16 of the Revised Code;	16402

(EE) For the creation and operation of an office or joint	16403
office of economic development, for any economic development	16404
purpose of the office, and to otherwise provide for the	16405
establishment and operation of a program of economic development	16406
pursuant to sections 307.07 and 307.64 of the Revised Code, or to	16407
the extent that the expenses of a county land reutilization	16408
corporation organized under Chapter 1724. of the Revised Code are	16409
found by the board of county commissioners to constitute the	16410
promotion of economic development, for the payment of such	16411
operations and expenses;	16412

(FF) For the purpose of acquiring, establishing,	16413
constructing, improving, equipping, maintaining, or operating, or	16414
any combination of the foregoing, a township airport, landing	16415
field, or other air navigation facility pursuant to section 505.15	16416
of the Revised Code;	16417

(GG) For the payment of costs incurred by a township as a	16418
result of a contract made with a county pursuant to section	16419
505.263 of the Revised Code in order to pay all or any part of the	16420
cost of constructing, maintaining, repairing, or operating a water	16421
supply improvement;	16422

(HH) For a board of township trustees to acquire, other than	16423
by appropriation, an ownership interest in land, water, or	16424
wetlands, or to restore or maintain land, water, or wetlands in	16425
which the board has an ownership interest, not for purposes of	16426
recreation, but for the purposes of protecting and preserving the	16427
natural, scenic, open, or wooded condition of the land, water, or	16428
wetlands against modification or encroachment resulting from	16429
occupation, development, or other use, which may be styled as	16430
protecting or preserving "greenspace" in the resolution, notice of	16431
election, or ballot form. Except as otherwise provided in this	16432
division, land is not acquired for purposes of recreation, even if	16433
the land is used for recreational purposes, so long as no	16434
building, structure, or fixture used for recreational purposes is	16435
permanently attached or affixed to the land. Except as otherwise	16436
provided in this division, land that previously has been acquired	16437
in a township for these greenspace purposes may subsequently be	16438
used for recreational purposes if the board of township trustees	16439
adopts a resolution approving that use and no building, structure,	16440
or fixture used for recreational purposes is permanently attached	16441
or affixed to the land. The authorization to use greenspace land	16442
for recreational use does not apply to land located in a township	16443
that had a population, at the time it passed its first greenspace	16444
levy, of more than thirty-eight thousand within a county that had	16445
a population, at that time, of at least eight hundred sixty	16446
thousand.	16447

(II) For the support by a county of a crime victim assistance	16448
program that is provided and maintained by a county agency or a	16449
private, nonprofit corporation or association under section 307.62	16450
of the Revised Code;	16451

(JJ) For any or all of the purposes set forth in divisions	16452
(I) and (J) of this section. This division applies only to a	16453
township.	16454

(KK) For a countywide public safety communications system	16455
under section 307.63 of the Revised Code. This division applies	16456
only to counties.	16457

(LL) For the support by a county of criminal justice services	16458
under section 307.45 of the Revised Code;	16459

(MM) For the purpose of maintaining and operating a jail or	16460
other detention facility as defined in section 2921.01 of the	16461
Revised Code;	16462

(NN) For purchasing, maintaining, or improving, or any	16463
combination of the foregoing, real estate on which to hold	16464
agricultural fairs. This division applies only to a county.	16465

(OO) For constructing, rehabilitating, repairing, or	16466
maintaining sidewalks, walkways, trails, bicycle pathways, or	16467
similar improvements, or acquiring ownership interests in land	16468
necessary for the foregoing improvements;	16469

(PP) For both of the purposes set forth in divisions (G) and	16470
(OO) of this section.	16471

(QQ) For both of the purposes set forth in divisions (H) and	16472
(HH) of this section. This division applies only to a township.	16473

(RR) For the legislative authority of a municipal	16474
corporation, board of county commissioners of a county, or board	16475
of township trustees of a township to acquire agricultural	16476
easements, as defined in section 5301.67 of the Revised Code, and	16477
to supervise and enforce the easements.	16478

(SS) For both of the purposes set forth in divisions (BB) and	16479
(KK) of this section. This division applies only to a county.	16480

(TT) For the maintenance and operation of a facility that is	16481
organized in whole or in part to promote the sciences and natural	16482
history under section 307.761 of the Revised Code.	16483

(UU) For the creation and operation of a county land	16484
reutilization corporation and for any programs or activities of	16485
the corporation found by the board of directors of the corporation	16486
to be consistent with the purposes for which the corporation is	16487
organized.	16488

The resolution shall be confined to the purpose or purposes	16489
described in one division of this section, to which the revenue	16490
derived therefrom shall be applied. The existence in any other	16491
division of this section of authority to levy a tax for any part	16492
or all of the same purpose or purposes does not preclude the use	16493
of such revenues for any part of the purpose or purposes of the	16494
division under which the resolution is adopted.	16495

The resolution shall specify the amount of the increase in	16496
rate that it is necessary to levy, the purpose of that increase in	16497
rate, and the number of years during which the increase in rate	16498
shall be in effect, which may or may not include a levy upon the	16499
duplicate of the current year. The number of years may be any	16500
number not exceeding five, except as follows:	16501

(1) When the additional rate is for the payment of debt	16502
charges, the increased rate shall be for the life of the	16503
indebtedness.	16504

(2) When the additional rate is for any of the following, the	16505
increased rate shall be for a continuing period of time:	16506

(a) For the current expenses for a detention facility	16507
district, a district organized under section 2151.65 of the	16508
Revised Code, or a combined district organized under sections	16509
2151.65 and 2152.41 of the Revised Code;	16510

(b) For providing a county's share of the cost of maintaining	16511
and operating schools, district detention facilities, forestry	16512
camps, or other facilities, or any combination thereof,	16513
established under section 2151.65 or 2152.41 of the Revised Code	16514
or under both of those sections.	16515

(3) When the additional rate is for either of the following,	16516
the increased rate may be for a continuing period of time:	16517

(a) For the purposes set forth in division (I), (J), (U), or	16518
(KK) of this section;	16519

(b) For the maintenance and operation of a joint recreation	16520
district.	16521

(4) When the increase is for the purpose or purposes set	16522
forth in division (D), (G), (H), (CC), or (PP) of this section,	16523
the tax levy may be for any specified number of years or for a	16524
continuing period of time, as set forth in the resolution.	16525

(5) When the additional rate is for the purpose described in	16526
division (Z) of this section, the increased rate shall be for any	16527
number of years not exceeding ten.	16528

A levy for one of the purposes set forth in division (G),	16529
(I), (J), or (U) of this section may be reduced pursuant to	16530
section 5705.261 or 5705.31 of the Revised Code. A levy for one of	16531
the purposes set forth in division (G), (I), (J), or (U) of this	16532
section may also be terminated or permanently reduced by the	16533
taxing authority if it adopts a resolution stating that the	16534
continuance of the levy is unnecessary and the levy shall be	16535
terminated or that the millage is excessive and the levy shall be	16536
decreased by a designated amount.	16537

A resolution of a detention facility district, a district	16538
organized under section 2151.65 of the Revised Code, or a combined	16539
district organized under both sections 2151.65 and 2152.41 of the	16540
Revised Code may include both current expenses and other purposes,	16541
provided that the resolution shall apportion the annual rate of	16542
levy between the current expenses and the other purpose or	16543
purposes. The apportionment need not be the same for each year of	16544
the levy, but the respective portions of the rate actually levied	16545
each year for the current expenses and the other purpose or	16546
purposes shall be limited by the apportionment.	16547

Whenever a board of county commissioners, acting either as	16548
the taxing authority of its county or as the taxing authority of a	16549
sewer district or subdistrict created under Chapter 6117. of the	16550
Revised Code, by resolution declares it necessary to levy a tax in	16551
excess of the ten-mill limitation for the purpose of constructing,	16552
improving, or extending sewage disposal plants or sewage systems,	16553
the tax may be in effect for any number of years not exceeding	16554
twenty, and the proceeds of the tax, notwithstanding the general	16555
provisions of this section, may be used to pay debt charges on any	16556
obligations issued and outstanding on behalf of the subdivision	16557
for the purposes enumerated in this paragraph, provided that any	16558
such obligations have been specifically described in the	16559
resolution.	16560

The resolution shall go into immediate effect upon its	16561
passage, and no publication of the resolution is necessary other	16562
than that provided for in the notice of election.	16563

When the electors of a subdivision have approved a tax levy	16564
under this section, the taxing authority of the subdivision may	16565
anticipate a fraction of the proceeds of the levy and issue	16566
anticipation notes in accordance with section 5705.191 or 5705.193	16567
of the Revised Code.	16568

Sec. 5705.191. The taxing authority of any subdivision,	16569
other than the board of education of a school district or the	16570
taxing authority of a county school financing district, by a vote	16571
of two-thirds of all its members, may declare by resolution that	16572
the amount of taxes that may be raised within the ten-mill	16573
limitation by levies on the current tax duplicate will be	16574
insufficient to provide an adequate amount for the necessary	16575
requirements of the subdivision, and that it is necessary to levy	16576
a tax in excess of such limitation for any of the purposes in	16577
section 5705.19 of the Revised Code, or to supplement the general	16578
fund for the purpose of making appropriations for one or more of	16579
the following purposes: public assistance, human or social	16580
services, relief, welfare, hospitalization, health, and support of	16581
general hospitals, and that the question of such additional tax	16582
levy shall be submitted to the electors of the subdivision at a	16583
general, primary, or special election to be held at a time therein	16584
specified. Such resolution shall not include a levy on the current	16585
tax list and duplicate unless such election is to be held at or	16586
prior to the general election day of the current tax year. Such	16587
resolution shall conform to the requirements of section 5705.19 of	16588
the Revised Code, except that a levy to supplement the general	16589
fund for the purposes of public assistance, human or social	16590
services, relief, welfare, hospitalization, health, or the support	16591
of general or tuberculosis hospitals may not be for a longer	16592
period than ten years. All other levies under this section may not	16593
be for a longer period than five years unless a longer period is	16594
permitted by section 5705.19 of the Revised Code, and the	16595
resolution shall specify the date of holding such election, which	16596
shall not be earlier than ~~seventy-five~~ninety days after the	16597
adoption and certification of such resolution. The resolution	16598
shall go into immediate effect upon its passage and no publication	16599
of the same is necessary other than that provided for in the	16600
notice of election. A copy of such resolution, immediately after	16601
its passage, shall be certified to the board of elections of the	16602
proper county or counties in the manner provided by section	16603
5705.25 of the Revised Code, and such section shall govern the	16604
arrangements for the submission of such question and other matters	16605
with respect to such election, to which section 5705.25 of the	16606
Revised Code refers, excepting that such election shall be held on	16607
the date specified in the resolution, which shall be consistent	16608
with the requirements of section 3501.01 of the Revised Code,	16609
provided that only one special election for the submission of such	16610
question may be held in any one calendar year and provided that a	16611
special election may be held upon the same day a primary election	16612
is held. Publication of notice of that election shall be made in	16613
one or more newspapers of general circulation in the county once a	16614
week for two consecutive weeks prior to the election, and, if the	16615
board of elections operates and maintains a web site, the board of	16616
elections shall post notice of the election on its web site for	16617
thirty days prior to the election.	16618

If a majority of the electors voting on the question vote in	16619
favor thereof, the taxing authority of the subdivision may make	16620
the necessary levy within such subdivision at the additional rate	16621
or at any lesser rate outside the ten-mill limitation on the tax	16622
list and duplicate for the purpose stated in the resolution. Such	16623
tax levy shall be included in the next annual tax budget that is	16624
certified to the county budget commission.	16625

After the approval of such a levy by the electors, the taxing	16626
authority of the subdivision may anticipate a fraction of the	16627
proceeds of such levy and issue anticipation notes. In the case of	16628
a continuing levy that is not levied for the purpose of current	16629
expenses, notes may be issued at any time after approval of the	16630
levy in an amount not more than fifty per cent of the total	16631
estimated proceeds of the levy for the succeeding ten years, less	16632
an amount equal to the fraction of the proceeds of the levy	16633
previously anticipated by the issuance of anticipation notes. In	16634
the case of a levy for a fixed period that is not for the purpose	16635
of current expenses, notes may be issued at any time after	16636
approval of the levy in an amount not more than fifty per cent of	16637
the total estimated proceeds of the levy throughout the remaining	16638
life of the levy, less an amount equal to the fraction of the	16639
proceeds of the levy previously anticipated by the issuance of	16640
anticipation notes. In the case of a levy for current expenses,	16641
notes may be issued after the approval of the levy by the electors	16642
and prior to the time when the first tax collection from the levy	16643
can be made. Such notes may be issued in an amount not more than	16644
fifty per cent of the total estimated proceeds of the levy	16645
throughout the term of the levy in the case of a levy for a fixed	16646
period, or fifty per cent of the total estimated proceeds for the	16647
first ten years of the levy in the case of a continuing levy.	16648

No anticipation notes that increase the net indebtedness of a	16649
county may be issued without the prior consent of the board of	16650
county commissioners of that county. The notes shall be issued as	16651
provided in section 133.24 of the Revised Code, shall have	16652
principal payments during each year after the year of their	16653
issuance over a period not exceeding the life of the levy	16654
anticipated, and may have a principal payment in the year of their	16655
issuance.	16656

"Taxing authority" and "subdivision" have the same meanings	16657
as in section 5705.01 of the Revised Code.	16658

This section is supplemental to and not in derogation of	16659
sections 5705.20, 5705.21, and 5705.22 of the Revised Code.	16660

Sec. 5705.195. Within five days after the resolution is	16661
certified to the county auditor as provided by section 5705.194 of	16662
the Revised Code, the auditor shall calculate and certify to the	16663
taxing authority the annual levy, expressed in dollars and cents	16664
for each one hundred dollars of valuation as well as in mills for	16665
each one dollar of valuation, throughout the life of the levy	16666
which will be required to produce the annual amount set forth in	16667
the resolution assuming that the amount of the tax list of such	16668
subdivision remains throughout the life of the levy the same as	16669
the amount of the tax list for the current year, and if this is	16670
not determined, the estimated amount submitted by the auditor to	16671
the county budget commission. When considering the tangible	16672
personal property component of the tax valuation of the	16673
subdivision, the county auditor shall take into account the	16674
assessment percentages prescribed in section 5711.22 of the	16675
Revised Code. The tax commissioner may issue rules, orders, or	16676
instructions directing how the assessment percentages must be	16677
utilized.	16678

Upon receiving the certification from the county auditor, if	16679
the taxing authority desires to proceed with the submission of the	16680
question it shall, not less than ~~seventy-five~~ninety days before	16681
the day of such election, certify its resolution, together with	16682
the amount of the average tax levy, expressed in dollars and cents	16683
for each one hundred dollars of valuation as well as in mills for	16684
each one dollar of valuation, estimated by the auditor, and the	16685
number of years the levy is to run to the board of elections of	16686
the county which shall prepare the ballots and make other	16687
necessary arrangements for the submission of the question to the	16688
voters of the subdivision.	16689

Sec. 5705.199. (A) At any time the board of education of a	16690
city, local, exempted village, cooperative education, or joint	16691
vocational school district, by a vote of two-thirds of all its	16692
members, may declare by resolution that the revenue that will be	16693
raised by all tax levies that the district is authorized to	16694
impose, when combined with state and federal revenues, will be	16695
insufficient to provide for the necessary requirements of the	16696
school district, and that it is therefore necessary to levy a tax	16697
in excess of the ten-mill limitation for the purpose of providing	16698
for the necessary requirements of the school district. Such a levy	16699
shall be proposed as a substitute for all or a portion of one or	16700
more existing levies imposed under sections 5705.194 to 5705.197	16701
of the Revised Code or under this section, by levying a tax as	16702
follows:	16703

(1) In the initial year the levy is in effect, the levy shall	16704
be in a specified amount of money equal to the aggregate annual	16705
dollar amount of proceeds derived from the levy or levies, or	16706
portion thereof, being substituted.	16707

(2) In each subsequent year the levy is in effect, the levy	16708
shall be in a specified amount of money equal to the sum of the	16709
following:	16710

(a) The dollar amount of the proceeds derived from the levy	16711
in the prior year; and	16712

(b) The dollar amount equal to the product of the total	16713
taxable value of all taxable real property in the school district	16714
in the then-current year, excluding carryover property as defined	16715
in section 319.301 of the Revised Code, multiplied by the annual	16716
levy, expressed in mills for each one dollar of valuation, that	16717
was required to produce the annual dollar amount of the levy under	16718
this section in the prior year; provided, that the amount under	16719
division (A)(2)(b) of this section shall not be less than zero.	16720

(B) The resolution proposing the substitute levy shall	16721
specify the annual dollar amount the levy is to produce in its	16722
initial year; the first calendar year in which the levy will be	16723
due; and the term of the levy expressed in years, which may be any	16724
number not exceeding ten, or for a continuing period of time. The	16725
resolution shall specify the date of holding the election, which	16726
shall not be earlier than ~~seventy-five~~ninety days after	16727
certification of the resolution to the board of elections, and	16728
which shall be consistent with the requirements of section 3501.01	16729
of the Revised Code. If two or more existing levies are to be	16730
included in a single substitute levy, but are not scheduled to	16731
expire in the same year, the resolution shall specify that the	16732
existing levies to be substituted shall not be levied after the	16733
year preceding the year in which the substitute levy is first	16734
imposed.	16735

The resolution shall go into immediate effect upon its	16736
passage, and no publication of the resolution shall be necessary	16737
other than that provided for in the notice of election. A copy of	16738
the resolution shall immediately after its passage be certified to	16739
the county auditor in the manner provided by section 5705.195 of	16740
the Revised Code, and sections 5705.194 and 5705.196 of the	16741
Revised Code shall govern the arrangements for the submission of	16742
the question and other matters concerning the notice of election	16743
and the election, except as may be provided otherwise in this	16744
section.	16745

(C) The form of the ballot to be used at the election on the	16746
question of a levy under this section shall be as follows:	16747

"Shall a tax levy substituting for an existing levy be	16748
imposed by the .......... (here insert name of school district)	16749
for the purpose of providing for the necessary requirements of the	16750
school district in the initial sum of .......... (here insert the	16751
annual dollar amount the levy is to produce in its initial year),	16752
and a levy of taxes be made outside of the ten-mill limitation	16753
estimated by the county auditor to require .......... (here insert	16754
number of mills) mills for each one dollar of valuation, which	16755
amounts to .......... (here insert rate expressed in dollars and	16756
cents) for each one hundred dollars of valuation for the initial	16757
year of the tax, for a period of .......... (here insert the	16758
number of years the levy is to be imposed, or that it will be	16759
levied for a continuing period of time), commencing in ..........	16760
(first year the tax is to be levied), first due in calendar year	16761
.......... (first calendar year in which the tax shall be due),	16762
with the sum of such tax to increase only if and as new land or	16763
real property improvements not previously taxed by the school	16764
district are added to its tax list?	16765

16766

		FOR THE TAX LEVY			16767
		AGAINST THE TAX LEVY	"		16768

16769

If the levy submitted is a proposal to substitute all or a	16770
portion of more than one existing levy, the form of the ballot may	16771
be changed so long as the ballot reflects the number of levies to	16772
be substituted and that none of the existing levies to be	16773
substituted will be levied after the year preceding the year in	16774
which the substitute levy is first imposed. The form of the ballot	16775
shall be modified by substituting the statement "Shall a tax levy	16776
substituting for an existing levy" with "Shall a tax levy	16777
substituting for existing levies" and adding the following	16778
statement after "added to its tax list?" and before "For the Tax	16779
Levy":	16780

"If approved, any remaining tax years on any of the	16781
.......... (here insert the number of existing levies) existing	16782
levies will not be collected after .......... (here insert the	16783
current tax year or, if not the current tax year, the applicable	16784
tax year)."	16785

(D) The submission of questions to the electors under this	16786
section is subject to the limitation on the number of election	16787
dates established by section 5705.214 of the Revised Code.	16788

(E) If a majority of the electors voting on the question so	16789
submitted in an election vote in favor of the levy, the board of	16790
education may make the necessary levy within the school district	16791
at the rate and for the purpose stated in the resolution. The tax	16792
levy shall be included in the next tax budget that is certified to	16793
the county budget commission.	16794

(F) A levy for a continuing period of time may be decreased	16795
pursuant to section 5705.261 of the Revised Code.	16796

(G) A levy under this section substituting for all or a	16797
portion of one or more existing levies imposed under sections	16798
5705.194 to 5705.197 of the Revised Code or under this section	16799
shall be treated as having renewed the levy or levies being	16800
substituted for purposes of the payments made under sections	16801
5751.20 to 5751.22 of the Revised Code.	16802

(H) After the approval of a levy on the current tax list and	16803
duplicate, and prior to the time when the first tax collection	16804
from the levy can be made, the board of education may anticipate a	16805
fraction of the proceeds of the levy and issue anticipation notes	16806
in a principal amount not exceeding fifty per cent of the total	16807
estimated proceeds of the levy to be collected during the first	16808
year of the levy. The notes shall be issued as provided in section	16809
133.24 of the Revised Code, shall have principal payments during	16810
each year after the year of their issuance over a period not to	16811
exceed five years, and may have a principal payment in the year of	16812
their issuance.	16813

Sec. 5705.20. The board of county commissioners of any	16814
county, in any year, after providing the normal and customary	16815
percentage of the total general fund appropriations for the	16816
support of the tuberculosis treatment specified under section	16817
339.73 of the Revised Code or for the support of tuberculosis	16818
clinics established pursuant to section 339.76 of the Revised	16819
Code, by vote of two-thirds of all the members of said board may	16820
declare by resolution that the amount of taxes which may be raised	16821
within the ten-mill limitation will be insufficient to provide an	16822
adequate amount for that support, and that it is necessary to levy	16823
a tax in excess of the ten-mill limitation to supplement such	16824
general fund appropriations for such purpose, but the total levy	16825
for this purpose shall not exceed sixty-five one hundredths of a	16826
mill.	16827

Such resolution shall conform to section 5705.19 of the	16828
Revised Code and be certified to the board of elections not less	16829
than ~~seventy-five~~ninety days before the general election and	16830
submitted in the manner provided in section 5705.25 of the Revised	16831
Code.	16832

If the majority of electors voting on a levy to supplement	16833
general fund appropriations for the support of the tuberculosis	16834
treatment specified under section 339.73 of the Revised Code or	16835
for the support of tuberculosis clinics established pursuant to	16836
section 339.76 of the Revised Code, vote in favor thereof, the	16837
board of said county may levy a tax within such county at the	16838
additional rate in excess of the ten-mill limitation during the	16839
period and for the purpose stated in the resolution or at any less	16840
rate or for any of said years.	16841

If a tax was levied under this section for the support of	16842
tuberculosis clinics before ~~the effective date of this amendment~~	16843
October 10, 2000, the levy may be renewed for that purpose on or	16844
after ~~the effective date of this amendment~~October 10, 2000, in	16845
accordance with section 5705.25 of the Revised Code.	16846

Sec. 5705.21. (A) At any time, the board of education of any	16847
city, local, exempted village, cooperative education, or joint	16848
vocational school district, by a vote of two-thirds of all its	16849
members, may declare by resolution that the amount of taxes which	16850
may be raised within the ten-mill limitation by levies on the	16851
current tax duplicate will be insufficient to provide an adequate	16852
amount for the necessary requirements of the school district, that	16853
it is necessary to levy a tax in excess of such limitation for one	16854
of the purposes specified in division (A), (D), (F), (H), or (DD)	16855
of section 5705.19 of the Revised Code, for general permanent	16856
improvements, for the purpose of operating a cultural center, or	16857
for the purpose of providing education technology, and that the	16858
question of such additional tax levy shall be submitted to the	16859
electors of the school district at a special election on a day to	16860
be specified in the resolution.	16861

As used in this section, "cultural center" means a	16862
freestanding building, separate from a public school building,	16863
that is open to the public for educational, musical, artistic, and	16864
cultural purposes; "education technology" means, but is not	16865
limited to, computer hardware, equipment, materials, and	16866
accessories, equipment used for two-way audio or video, and	16867
software; and "general permanent improvements" means permanent	16868
improvements without regard to the limitation of division (F) of	16869
section 5705.19 of the Revised Code that the improvements be a	16870
specific improvement or a class of improvements that may be	16871
included in a single bond issue.	16872

The submission of questions to the electors under this	16873
section is subject to the limitation on the number of election	16874
dates established by section 5705.214 of the Revised Code.	16875

(B) Such resolution shall be confined to a single purpose and	16876
shall specify the amount of the increase in rate that it is	16877
necessary to levy, the purpose of the levy, and the number of	16878
years during which the increase in rate shall be in effect. The	16879
number of years may be any number not exceeding five or, if the	16880
levy is for current expenses of the district or for general	16881
permanent improvements, for a continuing period of time. The	16882
resolution shall specify the date of holding such election, which	16883
shall not be earlier than ~~seventy-five~~ninety days after the	16884
adoption and certification of the resolution and which shall be	16885
consistent with the requirements of section 3501.01 of the Revised	16886
Code.	16887

The resolution may propose to renew one or more existing	16888
levies imposed under this section or to increase or decrease a	16889
single levy imposed under this section. If the board of education	16890
imposes one or more existing levies for the purpose specified in	16891
division (F) of section 5705.19 of the Revised Code, the	16892
resolution may propose to renew one or more of those existing	16893
levies, or to increase or decrease a single such existing levy,	16894
for the purpose of general permanent improvements. If the	16895
resolution proposes to renew two or more existing levies, the	16896
levies shall be levied for the same purpose. The resolution shall	16897
identify those levies and the rates at which they are levied. The	16898
resolution also shall specify that the existing levies shall not	16899
be extended on the tax lists after the year preceding the year in	16900
which the renewal levy is first imposed, regardless of the years	16901
for which those levies originally were authorized to be levied.	16902

The resolution shall go into immediate effect upon its	16903
passage, and no publication of the resolution shall be necessary	16904
other than that provided for in the notice of election. A copy of	16905
the resolution shall immediately after its passing be certified to	16906
the board of elections of the proper county in the manner provided	16907
by section 5705.25 of the Revised Code, and that section shall	16908
govern the arrangements for the submission of such question and	16909
other matters concerning such election, to which that section	16910
refers, except that such election shall be held on the date	16911
specified in the resolution. Publication of notice of that	16912
election shall be made in one or more newspapers of general	16913
circulation in the county once a week for two consecutive weeks	16914
prior to the election, and, if the board of elections operates and	16915
maintains a web site, the board of elections shall post notice of	16916
the election on its web site for thirty days prior to the	16917
election. If a majority of the electors voting on the question so	16918
submitted in an election vote in favor of the levy, the board of	16919
education may make the necessary levy within the school district	16920
at the additional rate, or at any lesser rate in excess of the	16921
ten-mill limitation on the tax list, for the purpose stated in the	16922
resolution. A levy for a continuing period of time may be reduced	16923
pursuant to section 5705.261 of the Revised Code. The tax levy	16924
shall be included in the next tax budget that is certified to the	16925
county budget commission.	16926

(C)(1) After the approval of a levy on the current tax list	16927
and duplicate for current expenses, for recreational purposes, for	16928
community centers provided for in section 755.16 of the Revised	16929
Code, or for a public library of the district and prior to the	16930
time when the first tax collection from the levy can be made, the	16931
board of education may anticipate a fraction of the proceeds of	16932
the levy and issue anticipation notes in a principal amount not	16933
exceeding fifty per cent of the total estimated proceeds of the	16934
levy to be collected during the first year of the levy.	16935

(2) After the approval of a levy for general permanent	16936
improvements for a specified number of years, or for permanent	16937
improvements having the purpose specified in division (F) of	16938
section 5705.19 of the Revised Code, the board of education may	16939
anticipate a fraction of the proceeds of the levy and issue	16940
anticipation notes in a principal amount not exceeding fifty per	16941
cent of the total estimated proceeds of the levy remaining to be	16942
collected in each year over a period of five years after the	16943
issuance of the notes.	16944

The notes shall be issued as provided in section 133.24 of	16945
the Revised Code, shall have principal payments during each year	16946
after the year of their issuance over a period not to exceed five	16947
years, and may have a principal payment in the year of their	16948
issuance.	16949

(3) After approval of a levy for general permanent	16950
improvements for a continuing period of time, the board of	16951
education may anticipate a fraction of the proceeds of the levy	16952
and issue anticipation notes in a principal amount not exceeding	16953
fifty per cent of the total estimated proceeds of the levy to be	16954
collected in each year over a specified period of years, not	16955
exceeding ten, after the issuance of the notes.	16956

The notes shall be issued as provided in section 133.24 of	16957
the Revised Code, shall have principal payments during each year	16958
after the year of their issuance over a period not to exceed ten	16959
years, and may have a principal payment in the year of their	16960
issuance.	16961

Sec. 5705.211. (A) As used in this section:

16962

(1) "Adjusted charge-off increase" for a tax year means two	16963
per cent of the cumulative carryover property value increase. If	16964
the cumulative carryover property value increase is computed on	16965
the basis of a school district's recognized valuation for a fiscal	16966
year before fiscal year 2014, the adjusted charge-off increase	16967
shall be adjusted to account for the greater charge-off rates	16968
prescribed for such fiscal years under sections 3317.022 and	16969
3306.13 of the Revised Code.	16970

(2) "Cumulative carryover property value increase" means the	16971
sum of the increases in carryover value certified under division	16972
(B)(2) of section 3317.015 of the Revised Code and included in a	16973
school district's total taxable value in the computation of	16974
recognized valuation under division (B) of that section for all	16975
fiscal years from the fiscal year that ends in the first tax year	16976
a levy under this section is extended on the tax list of real and	16977
public utility property until and including the fiscal year that	16978
ends in the current tax year.	16979

(3) "Taxes charged and payable" means the taxes charged and	16980
payable from a tax levy extended on the real and public utility	16981
property tax list and the general list of personal property before	16982
any reduction under section 319.302, 323.152, or 323.158 of the	16983
Revised Code.	16984

(B) The board of education of a city, local, or exempted	16985
village school district may adopt a resolution proposing the levy	16986
of a tax in excess of the ten-mill limitation for the purpose of	16987
paying the current operating expenses of the district. If the	16988
resolution is approved as provided in division (D) of this	16989
section, the tax may be levied at such a rate each tax year that	16990
the total taxes charged and payable from the levy equals the	16991
adjusted charge-off increase for the tax year or equals a lesser	16992
amount as prescribed under division (C) of this section. The tax	16993
may be levied for a continuing period of time or for a specific	16994
number of years, but not fewer than five years, as provided in the	16995
resolution. The tax may not be placed on the tax list for a tax	16996
year beginning before the first day of January following adoption	16997
of the resolution. A board of education may not adopt a resolution	16998
under this section proposing to levy a tax under this section	16999
concurrently with any other tax levied by the board under this	17000
section.	17001

(C) After the first year a tax is levied under this section,	17002
the rate of the tax in any year shall not exceed the rate,	17003
estimated by the county auditor, that would cause the sums levied	17004
from the tax against carryover property to exceed one hundred four	17005
per cent of the sums levied from the tax against carryover	17006
property in the preceding year. A board of education imposing a	17007
tax under this section may specify in the resolution imposing the	17008
tax that the percentage shall be less than one hundred four per	17009
cent, but the percentage shall not be less than one hundred per	17010
cent. At any time after a resolution adopted under this section is	17011
approved by a majority of electors as provided in division (D) of	17012
this section, the board of education, by resolution, may decrease	17013
the percentage specified in the resolution levying the tax.	17014

(D) A resolution adopted under this section shall state that	17015
the purpose of the tax is to pay current operating expenses of the	17016
district, and shall specify the first year in which the tax is to	17017
be levied, the number of years the tax will be levied or that it	17018
will be levied for a continuing period of time, and the election	17019
at which the question of the tax is to appear on the ballot, which	17020
shall be a general or special election consistent with the	17021
requirements of section 3501.01 of the Revised Code. If the board	17022
of education specifies a percentage less than one hundred four per	17023
cent pursuant to division (C) of this section, the percentage	17024
shall be specified in the resolution.	17025

Upon adoption of the resolution, the board of education may	17026
certify a copy of the resolution to the proper county board of	17027
elections. The copy of the resolution shall be certified to the	17028
board of elections not later than ~~seventy-five~~ninety days before	17029
the day of the election at which the question of the tax is to	17030
appear on the ballot. Upon receiving a timely certified copy of	17031
such a resolution, the board of elections shall make the necessary	17032
arrangements for the submission of the question to the electors of	17033
the school district, and the election shall be conducted,	17034
canvassed, and certified in the same manner as regular elections	17035
in the school district for the election of members of the board of	17036
education. Notice of the election shall be published in one or	17037
more newspapers of general circulation in the school district once	17038
per week for four consecutive weeks. The notice shall state that	17039
the purpose of the tax is for the current operating expenses of	17040
the school district, the first year the tax is to be levied, the	17041
number of years the tax is to be levied or that it is to be levied	17042
for a continuing period of time, that the tax is to be levied each	17043
year in an amount estimated to offset decreases in state base cost	17044
funding caused by appreciation in real estate values, and that the	17045
estimated additional tax in any year shall not exceed the previous	17046
year's by more than four per cent, or a lesser percentage	17047
specified in the resolution levying the tax, except for increases	17048
caused by the addition of new taxable property.	17049

The question shall be submitted as a separate proposition but	17050
may be printed on the same ballot with any other proposition	17051
submitted at the same election other than the election of	17052
officers.	17053

The form of the ballot shall be substantially as follows:

17054

"An additional tax for the benefit of (name of school	17055
district) for the purpose of paying the current operating expenses	17056
of the district, for .......... (number of years or for continuing	17057
period of time), at a rate sufficient to offset any reduction in	17058
basic state funding caused by appreciation in real estate values?	17059
This levy will permit variable annual growth in revenue up to	17060
.......... (amount specified by school district) per cent for the	17061
duration of the levy.	17062

17063

		For the tax levy			17064
		Against the tax levy	"		17065

17066

If a majority of the electors of the school district voting	17067
on the question vote in favor of the question, the board of	17068
elections shall certify the results of the election to the board	17069
of education and to the tax commissioner immediately after the	17070
canvass.	17071

(E) When preparing any estimate of the contemplated receipts	17072
from a tax levied pursuant to this section for the purposes of	17073
sections 5705.28 to 5705.40 of the Revised Code, and in preparing	17074
to certify the tax under section 5705.34 of the Revised Code, a	17075
board of education authorized to levy such a tax shall use	17076
information supplied by the department of education to determine	17077
the adjusted charge-off increase for the tax year for which that	17078
certification is made. If the board levied a tax under this	17079
section in the preceding tax year, the sum to be certified for	17080
collection from the tax shall not exceed the sum that would exceed	17081
the limitation imposed under division (C) of this section. At the	17082
request of the board of education or the treasurer of the school	17083
district, the county auditor shall assist the board of education	17084
in determining the rate or sum that may be levied under this	17085
section.	17086

The board of education shall certify the sum authorized to be	17087
levied to the county auditor, and, for the purpose of the county	17088
auditor determining the rate at which the tax is to be levied in	17089
the tax year, the sum so certified shall be the sum to be raised	17090
by the tax unless the sum exceeds the limitation imposed by	17091
division (C) of this section. A tax levied pursuant to this	17092
section shall not be levied at a rate in excess of the rate	17093
estimated by the county auditor to produce the sum certified by	17094
the board of education before the reductions under sections	17095
319.302, 323.152, and 323.158 of the Revised Code. Notwithstanding	17096
section 5705.34 of the Revised Code, a board of education	17097
authorized to levy a tax under this section shall certify the tax	17098
to the county auditor before the first day of October of the tax	17099
year in which the tax is to be levied, or at a later date as	17100
approved by the tax commissioner.	17101

Sec. 5705.212. (A)(1) The board of education of any school	17102
district, at any time and by a vote of two-thirds of all of its	17103
members, may declare by resolution that the amount of taxes that	17104
may be raised within the ten-mill limitation will be insufficient	17105
to provide an adequate amount for the present and future	17106
requirements of the school district, that it is necessary to levy	17107
not more than five taxes in excess of that limitation for current	17108
expenses, and that each of the proposed taxes first will be levied	17109
in a different year, over a specified period of time. The board	17110
shall identify the taxes proposed under this section as follows:	17111
the first tax to be levied shall be called the "original tax."	17112
Each tax subsequently levied shall be called an "incremental tax."	17113
The rate of each incremental tax shall be identical, but the rates	17114
of such incremental taxes need not be the same as the rate of the	17115
original tax. The resolution also shall state that the question of	17116
these additional taxes shall be submitted to the electors of the	17117
school district at a special election. The resolution shall	17118
specify separately for each tax proposed: the amount of the	17119
increase in rate that it is necessary to levy, expressed	17120
separately for the original tax and each incremental tax; that the	17121
purpose of the levy is for current expenses; the number of years	17122
during which the original tax shall be in effect; a specification	17123
that the last year in which the original tax is in effect shall	17124
also be the last year in which each incremental tax shall be in	17125
effect; and the year in which each tax first is proposed to be	17126
levied. The original tax may be levied for any number of years not	17127
exceeding ten, or for a continuing period of time. The resolution	17128
shall specify the date of holding the special election, which	17129
shall not be earlier than ~~seventy-five~~ninety days after the	17130
adoption and certification of the resolution and shall be	17131
consistent with the requirements of section 3501.01 of the Revised	17132
Code.	17133

(2) The board of education, by a vote of two-thirds of all of	17134
its members, may adopt a resolution proposing to renew taxes	17135
levied other than for a continuing period of time under division	17136
(A)(1) of this section. Such a resolution shall provide for	17137
levying a tax and specify all of the following:	17138

(a) That the tax shall be called and designated on the ballot	17139
as a renewal levy;	17140

(b) The rate of the renewal tax, which shall be a single rate	17141
that combines the rate of the original tax and each incremental	17142
tax into a single rate. The rate of the renewal tax shall not	17143
exceed the aggregate rate of the original and incremental taxes.	17144

(c) The number of years, not to exceed ten, that the renewal	17145
tax will be levied, or that it will be levied for a continuing	17146
period of time;	17147

(d) That the purpose of the renewal levy is for current	17148
expenses;	17149

(e) Subject to the certification and notification	17150
requirements of section 5705.251 of the Revised Code, that the	17151
question of the renewal levy shall be submitted to the electors of	17152
the school district at the general election held during the last	17153
year the original tax may be extended on the real and public	17154
utility property tax list and duplicate or at a special election	17155
held during the ensuing year.	17156

(3) A resolution adopted under division (A)(1) or (2) of this	17157
section shall go into immediate effect upon its adoption and no	17158
publication of the resolution is necessary other than that	17159
provided for in the notice of election. Immediately after its	17160
adoption, a copy of the resolution shall be certified to the board	17161
of elections of the proper county in the manner provided by	17162
division (A) of section 5705.251 of the Revised Code, and that	17163
division shall govern the arrangements for the submission of the	17164
question and other matters concerning the election to which that	17165
section refers. The election shall be held on the date specified	17166
in the resolution. If a majority of the electors voting on the	17167
question so submitted in an election vote in favor of the taxes or	17168
a renewal tax, the board of education, if the original or a	17169
renewal tax is authorized to be levied for the current year,	17170
immediately may make the necessary levy within the school district	17171
at the authorized rate, or at any lesser rate in excess of the	17172
ten-mill limitation, for the purpose stated in the resolution. No	17173
tax shall be imposed prior to the year specified in the resolution	17174
as the year in which it is first proposed to be levied. The rate	17175
of the original tax and the rate of each incremental tax shall be	17176
cumulative, so that the aggregate rate levied in any year is the	17177
sum of the rates of both the original tax and all incremental	17178
taxes levied in or prior to that year under the same proposal. A	17179
tax levied for a continuing period of time under this section may	17180
be reduced pursuant to section 5705.261 of the Revised Code.	17181

(4) The submission of questions to the electors under this	17182
section is subject to the limitation on the number of election	17183
dates established by section 5705.214 of the Revised Code.	17184

(B) Notwithstanding sections 133.30 and 133.301 of the	17185
Revised Code, after the approval of a tax to be levied in the	17186
current or the succeeding year and prior to the time when the	17187
first tax collection from that levy can be made, the board of	17188
education may anticipate a fraction of the proceeds of the levy	17189
and issue anticipation notes in an amount not to exceed fifty per	17190
cent of the total estimated proceeds of the levy to be collected	17191
during the first year of the levy. The notes shall be sold as	17192
provided in Chapter 133. of the Revised Code. If anticipation	17193
notes are issued, they shall mature serially and in substantially	17194
equal amounts during each year over a period not to exceed five	17195
years; and the amount necessary to pay the interest and principal	17196
as the anticipation notes mature shall be deemed appropriated for	17197
those purposes from the levy, and appropriations from the levy by	17198
the board of education shall be limited each fiscal year to the	17199
balance available in excess of that amount.	17200

If the auditor of state has certified a deficit pursuant to	17201
section 3313.483 of the Revised Code, the notes authorized under	17202
this section may be sold in accordance with Chapter 133. of the	17203
Revised Code, except that the board may sell the notes after	17204
providing a reasonable opportunity for competitive bidding.	17205

Sec. 5705.213. (A)(1) The board of education of any school	17206
district, at any time and by a vote of two-thirds of all of its	17207
members, may declare by resolution that the amount of taxes that	17208
may be raised within the ten-mill limitation will be insufficient	17209
to provide an adequate amount for the present and future	17210
requirements of the school district and that it is necessary to	17211
levy a tax in excess of that limitation for current expenses. The	17212
resolution also shall state that the question of the additional	17213
tax shall be submitted to the electors of the school district at a	17214
special election. The resolution shall specify, for each year the	17215
levy is in effect, the amount of money that the levy is proposed	17216
to raise, which may, for years after the first year the levy is	17217
made, be expressed in terms of a dollar or percentage increase	17218
over the prior year's amount. The resolution also shall specify	17219
that the purpose of the levy is for current expenses, the number	17220
of years during which the tax shall be in effect which may be for	17221
any number of years not exceeding ten, and the year in which the	17222
tax first is proposed to be levied. The resolution shall specify	17223
the date of holding the special election, which shall not be	17224
earlier than ~~eighty~~ninety-five days after the adoption and	17225
certification of the resolution to the county auditor and not	17226
earlier than ~~seventy-five~~ninety days after certification to the	17227
board of elections. The date of the election shall be consistent	17228
with the requirements of section 3501.01 of the Revised Code.	17229

(2) The board of education, by a vote of two-thirds of all of	17230
its members, may adopt a resolution proposing to renew a tax	17231
levied under division (A)(1) of this section. Such a resolution	17232
shall provide for levying a tax and specify all of the following:	17233

(a) That the tax shall be called and designated on the ballot	17234
as a renewal levy;	17235

(b) The amount of the renewal tax, which shall be no more	17236
than the amount of tax levied during the last year the tax being	17237
renewed is authorized to be in effect;	17238

(c) The number of years, not to exceed ten, that the renewal	17239
tax will be levied, or that it will be levied for a continuing	17240
period of time;	17241

(d) That the purpose of the renewal levy is for current	17242
expenses;	17243

(e) Subject to the certification and notification	17244
requirements of section 5705.251 of the Revised Code, that the	17245
question of the renewal levy shall be submitted to the electors of	17246
the school district at the general election held during the last	17247
year the tax being renewed may be extended on the real and public	17248
utility property tax list and duplicate or at a special election	17249
held during the ensuing year.	17250

(3) A resolution adopted under division (A)(1) or (2) of this	17251
section shall go into immediate effect upon its adoption and no	17252
publication of the resolution is necessary other than that	17253
provided for in the notice of election. Immediately after its	17254
adoption, a copy of the resolution shall be certified to the	17255
county auditor of the proper county, who shall, within five days,	17256
calculate and certify to the board of education the estimated	17257
levy, for the first year, and for each subsequent year for which	17258
the tax is proposed to be in effect. The estimates shall be made	17259
both in mills for each dollar of valuation, and in dollars and	17260
cents for each one hundred dollars of valuation. In making the	17261
estimates, the auditor shall assume that the amount of the tax	17262
list remains throughout the life of the levy, the same as the tax	17263
list for the current year. If the tax list for the current year is	17264
not determined, the auditor shall base ~~his~~the auditor's estimates	17265
on the estimated amount of the tax list for the current year as	17266
submitted to the county budget commission.	17267

If the board desires to proceed with the submission of the	17268
question, it shall certify its resolution, with the estimated tax	17269
levy expressed in mills and dollars and cents per hundred dollars	17270
of valuation for each year that the tax is proposed to be in	17271
effect, to the board of elections of the proper county in the	17272
manner provided by division (A) of section 5705.251 of the Revised	17273
Code. Section 5705.251 of the Revised Code shall govern the	17274
arrangements for the submission of the question and other matters	17275
concerning the election to which that section refers. The election	17276
shall be held on the date specified in the resolution. If a	17277
majority of the electors voting on the question so submitted in an	17278
election vote in favor of the tax, and if the tax is authorized to	17279
be levied for the current year, the board of education immediately	17280
may make the additional levy necessary to raise the amount	17281
specified in the resolution or a lesser amount for the purpose	17282
stated in the resolution.	17283

(4) The submission of questions to the electors under this	17284
section is subject to the limitation on the number of election	17285
dates established by section 5705.214 of the Revised Code.	17286

(B) Notwithstanding sections 133.30 and 133.301 of the	17287
Revised Code, after the approval of a tax to be levied in the	17288
current or the succeeding year and prior to the time when the	17289
first tax collection from that levy can be made, the board of	17290
education may anticipate a fraction of the proceeds of the levy	17291
and issue anticipation notes in an amount not to exceed fifty per	17292
cent of the total estimated proceeds of the levy to be collected	17293
during the first year of the levy. The notes shall be sold as	17294
provided in Chapter 133. of the Revised Code. If anticipation	17295
notes are issued, they shall mature serially and in substantially	17296
equal amounts during each year over a period not to exceed five	17297
years; and the amount necessary to pay the interest and principal	17298
as the anticipation notes mature shall be deemed appropriated for	17299
those purposes from the levy, and appropriations from the levy by	17300
the board of education shall be limited each fiscal year to the	17301
balance available in excess of that amount.	17302

If the auditor of state has certified a deficit pursuant to	17303
section 3313.483 of the Revised Code, the notes authorized under	17304
this section may be sold in accordance with Chapter 133. of the	17305
Revised Code, except that the board may sell the notes after	17306
providing a reasonable opportunity for competitive bidding.	17307

Sec. 5705.217. (A) The board of education of a city, local,	17308
or exempted village school district, at any time by a vote of	17309
two-thirds of all its members, may declare by resolution that the	17310
amount of taxes that can be raised within the ten-mill limitation	17311
will be insufficient to provide an adequate amount for the present	17312
and future requirements of the school district; that it is	17313
necessary to levy an additional tax in excess of that limitation	17314
for the purposes of providing funds for current operating expenses	17315
and for the acquisition, construction, enlargement, renovation,	17316
and financing of permanent improvements; and that the question of	17317
the tax shall be submitted to the electors of the district at a	17318
special election. The tax may be levied for a specified number of	17319
years not exceeding five or, if the tax is for current operating	17320
expenses or for general, on-going permanent improvements, for a	17321
continuing period of time. The resolution shall specify the	17322
proposed tax rate, the first year the tax will be levied, and the	17323
number of years it will be levied, or that it will be levied for a	17324
continuing period of time. The resolution shall apportion the	17325
annual rate of the tax between current operating expenses and	17326
permanent improvements. The apportionment may but need not be the	17327
same for each year of the tax, but the respective portions of the	17328
rate actually levied each year for current operating expenses and	17329
permanent improvements shall be limited by the apportionment.	17330

The resolution shall specify the date of holding the special	17331
election, which shall not be earlier than ~~seventy-five~~ninety days	17332
after certification of the resolution to the board of elections	17333
and shall be consistent with the requirements of section 3501.01	17334
of the Revised Code. The resolution shall go into immediate effect	17335
upon its passage, and no publication of it is necessary other than	17336
that provided in the notice of election. The board of education	17337
shall certify a copy of the resolution to the board of elections	17338
immediately after its adoption. Section 5705.25 of the Revised	17339
Code governs the arrangements and form of the ballot for the	17340
submission of the question to the electors.	17341

If a majority of the electors voting on the question vote in	17342
favor of the tax, the board of education may make the levy at the	17343
additional rate, or at any lesser rate in excess of the ten-mill	17344
limitation. If the tax is for a continuing period of time, it may	17345
be decreased in accordance with section 5705.261 of the Revised	17346
Code.	17347

(B)(1) After the approval of a tax for current operating	17348
expenses under this section and prior to the time the first	17349
collection and distribution from the levy can be made, the board	17350
of education may anticipate a fraction of the proceeds of such	17351
levy and issue anticipation notes in a principal amount not	17352
exceeding fifty per cent of the total estimated proceeds of the	17353
tax to be collected during the first year of the levy.	17354

(2) After the approval of a tax under this section for	17355
permanent improvements having a specific purpose, the board of	17356
education may anticipate a fraction of the proceeds of such tax	17357
and issue anticipation notes in a principal amount not exceeding	17358
fifty per cent of the total estimated proceeds of the tax	17359
remaining to be collected in each year over a period of five years	17360
after issuance of the notes.	17361

(3) After the approval of a tax for general, on-going	17362
permanent improvements under this section, the board of education	17363
may anticipate a fraction of the proceeds of such tax and issue	17364
anticipation notes in a principal amount not exceeding fifty per	17365
cent of the total estimated proceeds of the tax to be collected in	17366
each year over a specified period of years, not exceeding ten,	17367
after issuance of the notes.	17368

Anticipation notes under this section shall be issued as	17369
provided in section 133.24 of the Revised Code. Notes issued under	17370
division (B)(1) or (2) of this section shall have principal	17371
payments during each year after the year of their issuance over a	17372
period not to exceed five years, and may have a principal payment	17373
in the year of their issuance. Notes issued under division (B)(3)	17374
of this section shall have principal payments during each year	17375
after the year of their issuance over a period not to exceed ten	17376
years, and may have a principal payment in the year of their	17377
issuance.	17378

(C) The submission of a question to the electors under this	17379
section is subject to the limitation on the number of elections	17380
that can be held in a year under section 5705.214 of the Revised	17381
Code.	17382

Sec. 5705.218. (A) The board of education of a city, local,	17383
or exempted village school district, at any time by a vote of	17384
two-thirds of all its members, may declare by resolution that it	17385
may be necessary for the school district to issue general	17386
obligation bonds for permanent improvements. The resolution shall	17387
state all of the following:	17388

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

17389

(2) The date of the special election at which the question	17390
shall be submitted to the electors;	17391

(3) The amount, approximate date, estimated rate of interest,	17392
and maximum number of years over which the principal of the bonds	17393
may be paid;	17394

(4) The necessity of levying a tax outside the ten-mill	17395
limitation to pay debt charges on the bonds and any anticipatory	17396
securities.	17397

On adoption of the resolution, the board shall certify a copy	17398
of it to the county auditor. The county auditor promptly shall	17399
estimate and certify to the board the average annual property tax	17400
rate required throughout the stated maturity of the bonds to pay	17401
debt charges on the bonds, in the same manner as under division	17402
(C) of section 133.18 of the Revised Code.	17403

(B) After receiving the county auditor's certification under	17404
division (A) of this section, the board of education of the city,	17405
local, or exempted village school district, by a vote of	17406
two-thirds of all its members, may declare by resolution that the	17407
amount of taxes that can be raised within the ten-mill limitation	17408
will be insufficient to provide an adequate amount for the present	17409
and future requirements of the school district; that it is	17410
necessary to issue general obligation bonds of the school district	17411
for permanent improvements and to levy an additional tax in excess	17412
of the ten-mill limitation to pay debt charges on the bonds and	17413
any anticipatory securities; that it is necessary for a specified	17414
number of years or for a continuing period of time to levy	17415
additional taxes in excess of the ten-mill limitation to provide	17416
funds for the acquisition, construction, enlargement, renovation,	17417
and financing of permanent improvements or to pay for current	17418
operating expenses, or both; and that the question of the bonds	17419
and taxes shall be submitted to the electors of the school	17420
district at a special election, which shall not be earlier than	17421
~~seventy-five~~ninety days after certification of the resolution to	17422
the board of elections, and the date of which shall be consistent	17423
with section 3501.01 of the Revised Code. The resolution shall	17424
specify all of the following:	17425

(1) The county auditor's estimate of the average annual	17426
property tax rate required throughout the stated maturity of the	17427
bonds to pay debt charges on the bonds;	17428

(2) The proposed rate of the tax, if any, for current	17429
operating expenses, the first year the tax will be levied, and the	17430
number of years it will be levied, or that it will be levied for a	17431
continuing period of time;	17432

(3) The proposed rate of the tax, if any, for permanent	17433
improvements, the first year the tax will be levied, and the	17434
number of years it will be levied, or that it will be levied for a	17435
continuing period of time.	17436

The resolution shall apportion the annual rate of the tax	17437
between current operating expenses and permanent improvements, if	17438
both taxes are proposed. The apportionment may but need not be the	17439
same for each year of the tax, but the respective portions of the	17440
rate actually levied each year for current operating expenses and	17441
permanent improvements shall be limited by the apportionment. The	17442
resolution shall go into immediate effect upon its passage, and no	17443
publication of it is necessary other than that provided in the	17444
notice of election. The board of education shall certify a copy of	17445
the resolution, along with copies of the auditor's estimate and	17446
its resolution under division (A) of this section, to the board of	17447
elections immediately after its adoption.	17448

(C) The board of elections shall make the arrangements for	17449
the submission of the question to the electors of the school	17450
district, and the election shall be conducted, canvassed, and	17451
certified in the same manner as regular elections in the district	17452
for the election of county officers. The resolution shall be put	17453
before the electors as one ballot question, with a favorable vote	17454
indicating approval of the bond issue, the levy to pay debt	17455
charges on the bonds and any anticipatory securities, the current	17456
operating expenses levy, and the permanent improvements levy, if	17457
either or both levies are proposed. The board of elections shall	17458
publish notice of the election in one or more newspapers of	17459
general circulation in the school district once a week for two	17460
consecutive weeks prior to the election, and, if a board of	17461
elections operates and maintains a web site, that board also shall	17462
post notice of the election on its web site for thirty days prior	17463
to the election. The notice of election shall state all of the	17464
following:	17465

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

17466

(2) The permanent improvements for which the bonds are to be	17467
issued;	17468

(3) The maximum number of years over which the principal of	17469
the bonds may be paid;	17470

(4) The estimated additional average annual property tax rate	17471
to pay the debt charges on the bonds, as certified by the county	17472
auditor;	17473

(5) The proposed rate of the additional tax, if any, for	17474
current operating expenses;	17475

(6) The number of years the current operating expenses tax	17476
will be in effect, or that it will be in effect for a continuing	17477
period of time;	17478

(7) The proposed rate of the additional tax, if any, for	17479
permanent improvements;	17480

(8) The number of years the permanent improvements tax will	17481
be in effect, or that it will be in effect for a continuing period	17482
of time;	17483

(9) The time and place of the special election.

17484

(D) The form of the ballot for an election under this section	17485
is as follows:	17486

"Shall the .......... school district be authorized to do the	17487
following:	17488

(1) Issue bonds for the purpose of .......... in the	17489
principal amount of $......, to be repaid annually over a maximum	17490
period of ...... years, and levy a property tax outside the	17491
ten-mill limitation, estimated by the county auditor to average	17492
over the bond repayment period ...... mills for each one dollar of	17493
tax valuation, which amounts to ...... (rate expressed in cents or	17494
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	17495
tax valuation, to pay the annual debt charges on the bonds, and to	17496
pay debt charges on any notes issued in anticipation of those	17497
bonds?"	17498

If either a levy for permanent improvements or a levy for	17499
current operating expenses is proposed, or both are proposed, the	17500
ballot also shall contain the following language, as appropriate:	17501

"(2) Levy an additional property tax to provide funds for the	17502
acquisition, construction, enlargement, renovation, and financing	17503
of permanent improvements at a rate not exceeding ....... mills	17504
for each one dollar of tax valuation, which amounts to .......	17505
(rate expressed in cents or dollars and cents) for each $100 of	17506
tax valuation, for ...... (number of years of the levy, or a	17507
continuing period of time)?	17508

(3) Levy an additional property tax to pay current operating	17509
expenses at a rate not exceeding ....... mills for each one dollar	17510
of tax valuation, which amounts to ....... (rate expressed in	17511
cents or dollars and cents) for each $100 of tax valuation, for	17512
....... (number of years of the levy, or a continuing period of	17513
time)?	17514

17515

		FOR THE BOND ISSUE AND LEVY (OR LEVIES)			17516
		AGAINST THE BOND ISSUE AND LEVY (OR LEVIES)	"		17517

17518

(E) The board of elections promptly shall certify the results	17519
of the election to the tax commissioner and the county auditor of	17520
the county in which the school district is located. If a majority	17521
of the electors voting on the question vote for it, the board of	17522
education may proceed with issuance of the bonds and with the levy	17523
and collection of the property tax or taxes at the additional rate	17524
or any lesser rate in excess of the ten-mill limitation. Any	17525
securities issued by the board of education under this section are	17526
Chapter 133. securities, as that term is defined in section 133.01	17527
of the Revised Code.	17528

(F)(1) After the approval of a tax for current operating	17529
expenses under this section and prior to the time the first	17530
collection and distribution from the levy can be made, the board	17531
of education may anticipate a fraction of the proceeds of such	17532
levy and issue anticipation notes in a principal amount not	17533
exceeding fifty per cent of the total estimated proceeds of the	17534
tax to be collected during the first year of the levy.	17535

(2) After the approval of a tax under this section for	17536
permanent improvements having a specific purpose, the board of	17537
education may anticipate a fraction of the proceeds of such tax	17538
and issue anticipation notes in a principal amount not exceeding	17539
fifty per cent of the total estimated proceeds of the tax	17540
remaining to be collected in each year over a period of five years	17541
after issuance of the notes.	17542

(3) After the approval of a tax for general, on-going	17543
permanent improvements under this section, the board of education	17544
may anticipate a fraction of the proceeds of such tax and issue	17545
anticipation notes in a principal amount not exceeding fifty per	17546
cent of the total estimated proceeds of the tax to be collected in	17547
each year over a specified period of years, not exceeding ten,	17548
after issuance of the notes.	17549

Anticipation notes under this section shall be issued as	17550
provided in section 133.24 of the Revised Code. Notes issued under	17551
division (F)(1) or (2) of this section shall have principal	17552
payments during each year after the year of their issuance over a	17553
period not to exceed five years, and may have a principal payment	17554
in the year of their issuance. Notes issued under division (F)(3)	17555
of this section shall have principal payments during each year	17556
after the year of their issuance over a period not to exceed ten	17557
years, and may have a principal payment in the year of their	17558
issuance.	17559

(G) A tax for current operating expenses or for permanent	17560
improvements levied under this section for a specified number of	17561
years may be renewed or replaced in the same manner as a tax for	17562
current operating expenses or for permanent improvements levied	17563
under section 5705.21 of the Revised Code. A tax for current	17564
operating expenses or for permanent improvements levied under this	17565
section for a continuing period of time may be decreased in	17566
accordance with section 5705.261 of the Revised Code.	17567

(H) The submission of a question to the electors under this	17568
section is subject to the limitation on the number of elections	17569
that can be held in a year under section 5705.214 of the Revised	17570
Code.	17571

(I) A school district board of education proposing a ballot	17572
measure under this section to generate local resources for a	17573
project under the school building assistance expedited local	17574
partnership program under section 3318.36 of the Revised Code may	17575
combine the questions under division (D) of this section with a	17576
question for the levy of a property tax to generate moneys for	17577
maintenance of the classroom facilities acquired under that	17578
project as prescribed in section 3318.361 of the Revised Code.	17579

Sec. 5705.219. (A) As used in this section:

17580

(1) "Eligible school district" means a city, local, or	17581
exempted village school district in which the taxes charged and	17582
payable for current expenses on residential/agricultural real	17583
property in the tax year preceding the year in which the levy	17584
authorized by this section will be submitted for elector approval	17585
or rejection are greater than two per cent of the taxable value of	17586
the residential/agricultural real property.	17587

(2) "Residential/agricultural real property" and	17588
"nonresidential/agricultural real property" means the property	17589
classified as such under section 5713.041 of the Revised Code.	17590

(3) "Effective tax rate" and "taxes charged and payable" have	17591
the same meanings as in division (B) of section 319.301 of the	17592
Revised Code.	17593

(B) On or after January 1, 2010, but before January 1, 2015,	17594
the board of education of an eligible school district, by a vote	17595
of two-thirds of all its members, may adopt a resolution proposing	17596
to convert existing levies imposed for the purpose of current	17597
expenses into a levy raising a specified amount of tax money by	17598
repealing all or a portion of one or more of those existing levies	17599
and imposing a levy in excess of the ten-mill limitation that will	17600
raise a specified amount of money for current expenses of the	17601
district.	17602

The board of education shall certify a copy of the resolution	17603
to the tax commissioner not later than ~~ninety~~one hundred five	17604
days before the election upon which the repeal and levy authorized	17605
by this section will be proposed to the electors. Within ten days	17606
after receiving the copy of the resolution, the tax commissioner	17607
shall determine each of the following and certify the	17608
determinations to the board of education:	17609

(1) The dollar amount to be raised by the proposed levy,	17610
which shall be the product of:	17611

(a) The difference between the aggregate effective tax rate	17612
for residential/agricultural real property for the tax year	17613
preceding the year in which the repeal and levy will be proposed	17614
to the electors and twenty mills per dollar of taxable value;	17615

(b) The total taxable value of all property on the tax list	17616
of real and public utility property for the tax year preceding the	17617
year in which the repeal and levy will be proposed to the	17618
electors.	17619

(2) The estimated tax rate of the proposed levy.

17620

(3) The existing levies and any portion of an existing levy	17621
to be repealed upon approval of the question. Levies shall be	17622
repealed in reverse chronological order from most recently imposed	17623
to least recently imposed until the sum of the effective tax rates	17624
repealed for residential/agricultural real property is equal to	17625
the difference calculated in division (B)(1)(a) of this section.	17626

(4) The sum of the following:

17627

(a) The total taxable value of nonresidential/agricultural	17628
real property for the tax year preceding the year in which the	17629
repeal and levy will be proposed to the electors multiplied by the	17630
difference between (i) the aggregate effective tax rate for	17631
nonresidential/agricultural real property for the existing levies	17632
and any portion of an existing levy to be repealed and (ii) the	17633
amount determined under division (B)(1)(a) of this section, but	17634
not less than zero;	17635

(b) The total taxable value of public utility tangible	17636
personal property for the tax year preceding the year in which the	17637
repeal and levy will be proposed to the electors multiplied by the	17638
difference between (i) the aggregate voted tax rate for the	17639
existing levies and any portion of an existing levy to be repealed	17640
and (ii) the amount determined under division (B)(1)(a) of this	17641
section, but not less than zero.	17642

(C) Upon receipt of the certification from the tax	17643
commissioner under division (B) of this section, a majority of the	17644
members of the board of education may adopt a resolution proposing	17645
the repeal of the existing levies as identified in the	17646
certification and the imposition of a levy in excess of the	17647
ten-mill limitation that will raise annually the amount certified	17648
by the commissioner. If the board determines that the tax should	17649
be for an amount less than that certified by the commissioner, the	17650
board may request that the commissioner redetermine the rate under	17651
division (B)(2) of this section on the basis of the lesser amount	17652
the levy is to raise as specified by the board. The amount	17653
certified under division (B)(4) and the levies to be repealed as	17654
certified under division (B)(3) of this section shall not be	17655
redetermined. Within ten days after receiving a timely request	17656
specifying the lesser amount to be raised by the levy, the	17657
commissioner shall redetermine the rate and recertify it to the	17658
board as otherwise provided in division (B) of this section. Only	17659
one such request may be made by the board of education of an	17660
eligible school district.	17661

The resolution shall state the first calendar year in which	17662
the levy will be due; the existing levies and any portion of an	17663
existing levy that will be repealed, as certified by the	17664
commissioner; the term of the levy expressed in years, which may	17665
be any number not exceeding ten, or that it will be levied for a	17666
continuing period of time; and the date of the election, which	17667
shall be the date of a primary or general election.	17668

Immediately upon its passage, the resolution shall go into	17669
effect and shall be certified by the board of education to the	17670
county auditor of the proper county. The county auditor and the	17671
board of education shall proceed as required under section	17672
5705.195 of the Revised Code. No publication of the resolution is	17673
necessary other than that provided for in the notice of election.	17674
Section 5705.196 of the Revised Code shall govern the matters	17675
concerning the election. The submission of a question to the	17676
electors under this section is subject to the limitation on the	17677
number of election dates established by section 5705.214 of the	17678
Revised Code.	17679

(D) The form of the ballot to be used at the election	17680
provided for in this section shall be as follows:	17681

"Shall the existing levy of .......... (insert the voted	17682
millage rate of the levy to be repealed), currently being charged	17683
against residential and agricultural property by the ..........	17684
(insert the name of school district) at a rate of ..........	17685
(insert the residential/agricultural real property effective tax	17686
rate of the levy being repealed) for the purpose of ..........	17687
(insert the purpose of the existing levy) be repealed, and shall a	17688
levy be imposed by the .......... (insert the name of school	17689
district) in excess of the ten-mill limitation for the necessary	17690
requirements of the school district in the sum of ..........	17691
(insert the annual amount the levy is to produce), estimated by	17692
the tax commissioner to require .......... (insert the number of	17693
mills) mills for each one dollar of valuation, which amounts to	17694
.......... (insert the rate expressed in dollars and cents) for	17695
each one hundred dollars of valuation for the initial year of the	17696
tax, for a period of .......... (insert the number of years the	17697
levy is to be imposed, or that it will be levied for a continuing	17698
period of time), commencing in .......... (insert the first year	17699
the tax is to be levied), first due in calendar year ..........	17700
(insert the first calendar year in which the tax shall be due)?	17701

17702

		FOR THE REPEAL AND TAX			17703
		AGAINST THE REPEAL AND TAX	"		17704

17705

If the question submitted is a proposal to repeal all or a	17706
portion of more than one existing levy, the form of the ballot	17707
shall be modified by substituting the statement "shall the	17708
existing levy of" with "shall existing levies of" and inserting	17709
the aggregate voted and aggregate effective tax rates to be	17710
repealed.	17711

(E) If a majority of the electors voting on the question	17712
submitted in an election vote in favor of the repeal and levy, the	17713
result shall be certified immediately after the canvass by the	17714
board of elections to the board of education. The board of	17715
education may make the levy necessary to raise the amount	17716
specified in the resolution for the purpose stated in the	17717
resolution and shall certify it to the county auditor, who shall	17718
extend it on the current year tax lists for collection. After the	17719
first year, the levy shall be included in the annual tax budget	17720
that is certified to the county budget commission.	17721

(F) A levy imposed under this section for a continuing period	17722
of time may be decreased or repealed pursuant to section 5705.261	17723
of the Revised Code. If a levy imposed under this section is	17724
decreased, the amount calculated under division (B)(4) of this	17725
section and paid under section 5705.2110 of the Revised Code shall	17726
be decreased by the same proportion as the levy is decreased. If	17727
the levy is repealed, no further payments shall be made to the	17728
district under that section.	17729

(G) At any time, the board of education, by a vote of	17730
two-thirds of all of its members, may adopt a resolution to renew	17731
a tax levied under this section. The resolution shall provide for	17732
levying the tax and specifically all of the following:	17733

(1) That the tax shall be called, and designated on the	17734
ballot as, a renewal levy;	17735

(2) The amount of the renewal tax, which shall be no more	17736
than the amount of tax previously collected;	17737

(3) The number of years, not to exceed ten, that the renewal	17738
tax will be levied, or that it will be levied for a continuing	17739
period of time;	17740

(4) That the purpose of the renewal tax is for current	17741
expenses.	17742

The board shall certify a copy of the resolution to the board	17743
of elections not later than ~~seventy-five~~ninety days before the	17744
date of the election at which the question is to be submitted,	17745
which shall be the date of a primary or general election.	17746

(H) The form of the ballot to be used at the election on the	17747
question of renewing a levy under this section shall be as	17748
follows:	17749

"Shall a tax levy renewing an existing levy of ..........	17750
(insert the annual dollar amount the levy is to produce each	17751
year), estimated to require .......... (insert the number of	17752
mills) mills for each one dollar of valuation be imposed by the	17753
.......... (insert the name of school district) for the purpose of	17754
current expenses for a period of .......... (insert the number of	17755
years the levy is to be imposed, or that it will be levied for a	17756
continuing period of time), commencing in .......... (insert the	17757
first year the tax is to be levied), first due in calendar year	17758
.......... (insert the first calendar year in which the tax shall	17759
be due)?	17760

17761

		FOR THE RENEWAL OF THE TAX LEVY			17762
		AGAINST THE RENEWAL OF THE TAX LEVY	"		17763

17764

If the levy submitted is to be for less than the amount of	17765
money previously collected, the form of the ballot shall be	17766
modified to add "and reducing" after "renewing" and to add before	17767
"estimated to require" the statement "be approved at a tax rate	17768
necessary to produce .......... (insert the lower annual dollar	17769
amount the levy is to produce each year)."	17770

Sec. 5705.2111. (A) If the board of directors of a regional	17771
student education district created under section 3313.83 of the	17772
Revised Code desires to levy a tax in excess of the ten-mill	17773
limitation throughout the district for the purpose of funding the	17774
services to be provided by the district to students enrolled in	17775
the school districts of which the district is composed and their	17776
immediate family members, the board shall propose the levy to each	17777
of the boards of education of those school districts. The proposal	17778
shall specify the rate or amount of the tax, the number of years	17779
the tax will be levied or that it will be levied for a continuing	17780
period of time, and that the aggregate rate of the tax shall not	17781
exceed three mills per dollar of taxable value in the regional	17782
student education district.	17783

(B)(1) If a majority of the boards of education of the school	17784
districts of which the regional student education district is	17785
composed approves the proposal for the tax levy, the board of	17786
directors of the regional student education district may adopt a	17787
resolution approved by a majority of the board's full membership	17788
declaring the necessity of levying the proposed tax in excess of	17789
the ten-mill limitation throughout the district for the purpose of	17790
funding the services to be provided by the district to students	17791
enrolled in the school districts of which the district is composed	17792
and their immediate family members. The resolution shall provide	17793
for the question of the tax to be submitted to the electors of the	17794
district at a general, primary, or special election on a day to be	17795
specified in the resolution that is consistent with the	17796
requirements of section 3501.01 of the Revised Code and that	17797
occurs at least ~~seventy-five~~ninety days after the resolution is	17798
certified to the board of elections. The resolution shall specify	17799
the rate or amount of the tax and the number of years the tax will	17800
be levied or that the tax will be levied for a continuing period	17801
of time. The aggregate rate of tax levied by a regional student	17802
education district under this section at any time shall not exceed	17803
three mills per dollar of taxable value in the district. A tax	17804
levied under this section may be renewed, subject to section	17805
5705.25 of the Revised Code, or replaced as provided in section	17806
5705.192 of the Revised Code.	17807

(2) The resolution shall take effect immediately upon	17808
passage, and no publication of the resolution is necessary other	17809
than that provided in the notice of election. The resolution shall	17810
be certified and submitted in the manner provided under section	17811
5705.25 of the Revised Code, and that section governs the	17812
arrangements governing submission of the question and other	17813
matters concerning the election.	17814

Sec. 5705.22. The board of county commissioners of any	17815
county, at any time and in any year, after providing the normal	17816
and customary percentages of the total general fund appropriations	17817
for the support of county hospitals, by vote of two-thirds of all	17818
members of said board, may declare by resolution that the amount	17819
of taxes which may be raised within the ten-mill limitation will	17820
be insufficient to provide an adequate amount for the support of	17821
county hospitals, and that it is necessary to levy a tax in excess	17822
of the ten-mill limitation to supplement such general fund	17823
appropriations for such purpose, but the total levy for this	17824
purpose shall not exceed sixty-five one hundredths of a mill.	17825

Such resolution shall conform to the requirements of section	17826
5705.19 of the Revised Code, and shall be certified to the board	17827
of elections not less than ~~seventy-five~~ninety days before the	17828
general election and submitted in the manner provided in section	17829
5705.25 of the Revised Code.	17830

If the majority of electors voting on a levy to supplement	17831
the general fund appropriations for the support of county	17832
hospitals vote in favor of the levy, the board of said county may	17833
levy a tax within such county at the additional rate in excess of	17834
the ten-mill limitation during the period for the purpose stated	17835
in the resolution or at any less rate or for any of the said	17836
years.	17837

Sec. 5705.221. (A) At any time, the board of county	17838
commissioners of any county by a majority vote of the full	17839
membership may declare by resolution and certify to the board of	17840
elections of the county that the amount of taxes which may be	17841
raised within the ten-mill limitation by levies on the current tax	17842
duplicate will be insufficient to provide the necessary	17843
requirements of the county's alcohol, drug addiction, and mental	17844
health service district established pursuant to Chapter 340. of	17845
the Revised Code, or the county's contribution to a joint-county	17846
district of which the county is a part, and that it is necessary	17847
to levy a tax in excess of such limitation for the operation of	17848
alcohol and drug addiction programs and mental health programs and	17849
the acquisition, construction, renovation, financing, maintenance,	17850
and operation of alcohol and drug addiction facilities and mental	17851
health facilities.	17852

Such resolution shall conform to section 5705.19 of the	17853
Revised Code, except that the increased rate may be in effect for	17854
any number of years not exceeding ten.	17855

The resolution shall be certified and submitted in the manner	17856
provided in section 5705.25 of the Revised Code, except that it	17857
may be placed on the ballot in any election, and shall be	17858
certified to the board of elections not less than ~~seventy-five~~	17859
ninety days before the election at which it will be voted upon.	17860

If the majority of the electors voting on a levy to	17861
supplement general fund appropriations for the support of the	17862
comprehensive alcohol and drug addiction and mental health program	17863
vote in favor of the levy, the board may levy a tax within the	17864
county at the additional rate outside the ten-mill limitation	17865
during the specified or continuing period, for the purpose stated	17866
in the resolution.	17867

(B) When electors have approved a tax levy under this	17868
section, the board of county commissioners may anticipate a	17869
fraction of the proceeds of the levy and, from time to time, issue	17870
anticipation notes in accordance with section 5705.191 or 5705.193	17871
of the Revised Code.	17872

(C) The county auditor who is the fiscal officer of the	17873
alcohol, drug addiction, and mental health service district, upon	17874
receipt of a resolution from the board of alcohol, drug addiction,	17875
and mental health services, shall establish for the district a	17876
capital improvements account or a reserve balance account, or	17877
both, as specified in the resolution. The capital improvements	17878
account shall be a contingency fund for the necessary acquisition,	17879
replacement, renovation, or construction of facilities and movable	17880
and fixed equipment. Upon the request of the board, funds not	17881
needed to pay for current expenses may be appropriated to the	17882
capital improvements account, in amounts such that the account	17883
does not exceed twenty-five per cent of the replacement value of	17884
all capital facilities and equipment currently used by the board	17885
for programs and services. Other funds which are available for	17886
current capital expenses from federal, state, or local sources may	17887
also be appropriated to this account.	17888

The reserve balance account shall contain those funds that	17889
are not needed to pay for current operating expenses and not	17890
deposited in the capital improvements account but that will be	17891
needed to pay for operating expenses in the future. Upon the	17892
request of a board, such funds shall be appropriated to the	17893
reserve balance account. Payments from the capital improvements	17894
account and the reserve balance account shall be made by the	17895
county treasurer who is the custodian of funds for the district	17896
upon warrants issued by the county auditor who is the fiscal	17897
officer of the district pursuant to orders of the board.	17898

Sec. 5705.222. (A) At any time the board of county	17899
commissioners of any county by a majority vote of the full	17900
membership may declare by resolution and certify to the board of	17901
elections of the county that the amount of taxes which may be	17902
raised within the ten-mill limitation by levies on the current tax	17903
duplicate will be insufficient to provide the necessary	17904
requirements of the county board of developmental disabilities	17905
established pursuant to Chapter 5126. of the Revised Code and that	17906
it is necessary to levy a tax in excess of such limitation for the	17907
operation of programs and services by county boards of	17908
developmental disabilities and for the acquisition, construction,	17909
renovation, financing, maintenance, and operation of mental	17910
retardation and developmental disabilities facilities.	17911

Such resolution shall conform to section 5705.19 of the	17912
Revised Code, except that the increased rate may be in effect for	17913
any number of years not exceeding ten or for a continuing period	17914
of time.	17915

The resolution shall be certified and submitted in the manner	17916
provided in section 5705.25 of the Revised Code, except that it	17917
may be placed on the ballot in any election, and shall be	17918
certified to the board of elections not less than ~~seventy-five~~	17919
ninety days before the election at which it will be voted upon.	17920

If the majority of the electors voting on a levy for the	17921
support of the programs and services of the county board of	17922
developmental disabilities vote in favor of the levy, the board of	17923
county commissioners may levy a tax within the county at the	17924
additional rate outside the ten-mill limitation during the	17925
specified or continuing period, for the purpose stated in the	17926
resolution. The county board of developmental disabilities, within	17927
its budget and with the approval of the board of county	17928
commissioners through annual appropriations, shall use the	17929
proceeds of a levy approved under this section solely for the	17930
purposes authorized by this section.	17931

(B) When electors have approved a tax levy under this	17932
section, the county commissioners may anticipate a fraction of the	17933
proceeds of the levy and issue anticipation notes in accordance	17934
with section 5705.191 or 5705.193 of the Revised Code.	17935

(C) The county auditor, upon receipt of a resolution from the	17936
county board of developmental disabilities, shall establish a	17937
capital improvements account or a reserve balance account, or	17938
both, as specified in the resolution. The capital improvements	17939
account shall be a contingency account for the necessary	17940
acquisition, replacement, renovation, or construction of	17941
facilities and movable and fixed equipment. Upon the request of	17942
the county board of developmental disabilities, moneys not needed	17943
to pay for current expenses may be appropriated to this account,	17944
in amounts such that this account does not exceed twenty-five per	17945
cent of the replacement value of all capital facilities and	17946
equipment currently used by the county board of developmental	17947
disabilities for mental retardation and developmental disabilities	17948
programs and services. Other moneys available for current capital	17949
expenses from federal, state, or local sources may also be	17950
appropriated to this account.	17951

The reserve balance account shall contain those moneys that	17952
are not needed to pay for current operating expenses and not	17953
deposited in the capital improvements account but that will be	17954
needed to pay for operating expenses in the future. Upon the	17955
request of a county board of developmental disabilities, the board	17956
of county commissioners may appropriate moneys to the reserve	17957
balance account.	17958

Sec. 5705.23. The board of library trustees of any county,	17959
municipal corporation, school district, or township public library	17960
by a vote of two-thirds of all its members may at any time declare	17961
by resolution that the amount of taxes which may be raised within	17962
the ten-mill limitation by levies on the current tax duplicate	17963
will be insufficient to provide an adequate amount for the	17964
necessary requirements of the public library, that it is necessary	17965
to levy a tax in excess of such limitation for current expenses of	17966
the public library or for the construction of any specific	17967
permanent improvement or class of improvements which the board of	17968
library trustees is authorized to make or acquire and which could	17969
be included in a single issue of bonds, and that the question of	17970
such additional tax levy shall be submitted by the taxing	17971
authority of the political subdivision to whose jurisdiction the	17972
board is subject, to the electors of the subdivision, or, if the	17973
resolution so states, to the electors residing within the	17974
boundaries of the library district, as defined by the state	17975
library board pursuant to section 3375.01 of the Revised Code, on	17976
the day specified by division (E) of section 3501.01 of the	17977
Revised Code for the holding of a primary election or at an	17978
election on another day to be specified in the resolution. No more	17979
than two elections shall be held under authority of this section	17980
in any one calendar year. Such resolution shall conform to section	17981
5705.19 of the Revised Code, except that the tax levy may be in	17982
effect for any specified number of years or for a continuing	17983
period of time, as set forth in the resolution, and the resolution	17984
shall specify the date of holding the election, which shall not be	17985
earlier than ~~seventy-five~~ninety days after the adoption and	17986
certification of the resolution to the taxing authority of the	17987
political subdivision to whose jurisdiction the board is subject,	17988
and which shall be consistent with the requirements of section	17989
3501.01 of the Revised Code. The resolution shall not include a	17990
levy on the current tax list and duplicate unless the election is	17991
to be held at or prior to the first Tuesday after the first Monday	17992
in November of the current tax year.	17993

Upon receipt of the resolution, the taxing authority of the	17994
political subdivision to whose jurisdiction the board is subject	17995
shall adopt a resolution providing for the submission of such	17996
additional tax levy to the electors of the subdivision, or, if the	17997
resolution so states, to the electors residing within the	17998
boundaries of the library district, as defined by the state	17999
library board pursuant to section 3375.01 of the Revised Code, on	18000
the date specified in the resolution of the board of library	18001
trustees. The resolution adopted by the taxing authority shall	18002
otherwise conform to the resolution certified to it by the board.	18003
The resolution of the taxing authority shall be certified to the	18004
board of elections of the proper county not less than ~~seventy-five~~	18005
ninety days before the date of such election. Such resolution	18006
shall go into immediate effect upon its passage, and no	18007
publication of the resolution shall be necessary other than that	18008
provided in the notice of election. Section 5705.25 of the Revised	18009
Code shall govern the arrangements for the submission of such	18010
question and other matters concerning the election, to which that	18011
section refers, except that if the resolution so states, the	18012
question shall be submitted to the electors residing within the	18013
boundaries of the library district, as defined by the state	18014
library board pursuant to section 3375.01 of the Revised Code, and	18015
except that such election shall be held on the date specified in	18016
the resolution. If a majority of the electors voting on the	18017
question so submitted in an election vote in favor of such levy,	18018
the taxing authority may forthwith make the necessary levy within	18019
the subdivision or within the boundaries of the library district,	18020
as defined by the state library board pursuant to section 3375.01	18021
of the Revised Code, at the additional rate in excess of the	18022
ten-mill limitation on the tax list, for the purpose stated in	18023
such resolutions. Such tax levy shall be included in the next	18024
annual tax budget that is certified to the county budget	18025
commission. The proceeds of any library levy in excess of the	18026
ten-mill limitation shall be used for purposes of the board in	18027
accordance with the law applicable to the board.	18028

After the approval of a levy on the current tax list and	18029
duplicate to provide an increase in current expenses, and prior to	18030
the time when the first tax collection from such levy can be made,	18031
the taxing authority at the request of the board of library	18032
trustees may anticipate a fraction of the proceeds of such levy	18033
and issue anticipation notes in an amount not exceeding fifty per	18034
cent of the total estimated proceeds of the levy to be collected	18035
during the first year of the levy.	18036

After the approval of a levy to provide revenues for the	18037
construction or acquisition of any specific permanent improvement	18038
or class of improvements, the taxing authority at the request of	18039
the board of library trustees may anticipate a fraction of the	18040
proceeds of such levy and issue anticipation notes in a principal	18041
amount not exceeding fifty per cent of the total estimated	18042
proceeds of the levy to be collected in each year over a period of	18043
ten years after the issuance of such notes.	18044

The notes shall be issued as provided in section 133.24 of	18045
the Revised Code, shall have principal payments during each year	18046
after the year of their issuance over a period not to exceed ten	18047
years, and may have a principal payment in the year of their	18048
issuance.	18049

When a board of public library trustees of a county library	18050
district, appointed under section 3375.22 of the Revised Code,	18051
requests the submission of such special levy, the taxing authority	18052
shall submit the levy to the voters of the county library district	18053
only. For the purposes of this section, and of the board of public	18054
library trustees only, the words "electors of the subdivision," as	18055
used in this section and in section 5705.25 of the Revised Code,	18056
mean "electors of the county library district." Any levy approved	18057
by the electors of the county library district shall be made	18058
within the county library district only.	18059

Sec. 5705.24. The board of county commissioners of any	18060
county, at any time and in any year, after providing the normal	18061
and customary percentage of the total general fund appropriations	18062
for the support of children services and the care and placement of	18063
children, by vote of two-thirds of all the members of said board	18064
may declare by resolution that the amount of taxes which may be	18065
raised within the ten-mill limitation will be insufficient to	18066
provide an adequate amount for the support of such children	18067
services, and that it is necessary to levy a tax in excess of the	18068
ten-mill limitation to supplement such general fund appropriations	18069
for such purpose. Taxes collected from a levy imposed under this	18070
section may be expended for any operating or capital improvement	18071
expenditure necessary for the support of children services and the	18072
care and placement of children.	18073

Such resolution shall conform to the requirements of section	18074
5705.19 of the Revised Code, except that the levy may be for any	18075
number of years not exceeding ten. The resolution shall be	18076
certified to the board of elections not less than ~~seventy-five~~	18077
ninety days before the general, primary, or special election upon	18078
which it will be voted, and be submitted in the manner provided in	18079
section 5705.25 of the Revised Code, except that it may be placed	18080
on the ballot in any such election.	18081

If the majority of the electors voting on a levy to	18082
supplement general fund appropriations for the support of children	18083
services and the care and placement of children vote in favor	18084
thereof, the board may levy a tax within such county at the	18085
additional rate outside the ten-mill limitation during the period	18086
and for the purpose stated in the resolution or at any less rate	18087
or for any of the said years.	18088

After the approval of such levy and prior to the time when	18089
the first tax collection from such levy can be made, the board of	18090
county commissioners may anticipate a fraction of the proceeds of	18091
such levy and issue anticipation notes in a principal amount not	18092
to exceed fifty per cent of the total estimated proceeds of the	18093
levy throughout its life.	18094

Such notes shall be issued as provided in section 133.24 of	18095
the Revised Code, shall have principal payments during each year	18096
after the year of their issuance over a period not exceeding the	18097
life of the levy, and may have a principal payment in the year of	18098
their issuance.	18099

Sec. 5705.25. (A) A copy of any resolution adopted as	18100
provided in section 5705.19 or 5705.2111 of the Revised Code shall	18101
be certified by the taxing authority to the board of elections of	18102
the proper county not less than ~~seventy-five~~ninety days before	18103
the general election in any year, and the board shall submit the	18104
proposal to the electors of the subdivision at the succeeding	18105
November election. Except as otherwise provided in this division,	18106
a resolution to renew an existing levy, regardless of the section	18107
of the Revised Code under which the tax was imposed, shall not be	18108
placed on the ballot unless the question is submitted at the	18109
general election held during the last year the tax to be renewed	18110
or replaced may be extended on the real and public utility	18111
property tax list and duplicate, or at any election held in the	18112
ensuing year. The limitation of the foregoing sentence does not	18113
apply to a resolution to renew and increase or to renew part of an	18114
existing levy that was imposed under section 5705.191 of the	18115
Revised Code to supplement the general fund for the purpose of	18116
making appropriations for one or more of the following purposes:	18117
for public assistance, human or social services, relief, welfare,	18118
hospitalization, health, and support of general hospitals. The	18119
limitation of the second preceding sentence also does not apply to	18120
a resolution that proposes to renew two or more existing levies	18121
imposed under section 5705.21 of the Revised Code, in which case	18122
the question shall be submitted on the date of the general or	18123
primary election held during the last year at least one of the	18124
levies to be renewed may be extended on the real and public	18125
utility property tax list and duplicate, or at any election held	18126
during the ensuing year. For purposes of this section, a levy	18127
shall be considered to be an "existing levy" through the year	18128
following the last year it can be placed on that tax list and	18129
duplicate.	18130

The board shall make the necessary arrangements for the	18131
submission of such questions to the electors of such subdivision,	18132
and the election shall be conducted, canvassed, and certified in	18133
the same manner as regular elections in such subdivision for the	18134
election of county officers. Notice of the election shall be	18135
published in a newspaper of general circulation in the subdivision	18136
once a week for two consecutive weeks prior to the election, and,	18137
if the board of elections operates and maintains a web site, the	18138
board of elections shall post notice of the election on its web	18139
site for thirty days prior to the election. The notice shall state	18140
the purpose, the proposed increase in rate expressed in dollars	18141
and cents for each one hundred dollars of valuation as well as in	18142
mills for each one dollar of valuation, the number of years during	18143
which the increase will be in effect, the first month and year in	18144
which the tax will be levied, and the time and place of the	18145
election.	18146

(B) The form of the ballots cast at an election held pursuant	18147
to division (A) of this section shall be as follows:	18148

"An additional tax for the benefit of (name of subdivision or	18149
public library) .......... for the purpose of (purpose stated in	18150
the resolution) .......... at a rate not exceeding ...... mills	18151
for each one dollar of valuation, which amounts to (rate expressed	18152
in dollars and cents) ............ for each one hundred dollars of	18153
valuation, for ...... (life of indebtedness or number of years the	18154
levy is to run).	18155

18156

		For the Tax Levy			18157
		Against the Tax Levy	"		18158

18159

(C) If the levy is to be in effect for a continuing period of	18160
time, the notice of election and the form of ballot shall so state	18161
instead of setting forth a specified number of years for the levy.	18162

If the tax is to be placed on the current tax list, the form	18163
of the ballot shall be modified by adding, after the statement of	18164
the number of years the levy is to run, the phrase ", commencing	18165
in .......... (first year the tax is to be levied), first due in	18166
calendar year .......... (first calendar year in which the tax	18167
shall be due)."	18168

If the levy submitted is a proposal to renew, increase, or	18169
decrease an existing levy, the form of the ballot specified in	18170
division (B) of this section may be changed by substituting for	18171
the words "An additional" at the beginning of the form, the words	18172
"A renewal of a" in case of a proposal to renew an existing levy	18173
in the same amount; the words "A renewal of ........ mills and an	18174
increase of ...... mills to constitute a" in the case of an	18175
increase; or the words "A renewal of part of an existing levy,	18176
being a reduction of ...... mills, to constitute a" in the case of	18177
a decrease in the proposed levy.	18178

If the levy submitted is a proposal to renew two or more	18179
existing levies imposed under section 5705.21 of the Revised Code,	18180
the form of the ballot specified in division (B) of this section	18181
shall be modified by substituting for the words "an additional	18182
tax" the words "a renewal of ....(insert the number of levies to	18183
be renewed) existing taxes."	18184

The question covered by such resolution shall be submitted as	18185
a separate proposition but may be printed on the same ballot with	18186
any other proposition submitted at the same election, other than	18187
the election of officers. More than one such question may be	18188
submitted at the same election.	18189

(D) A levy voted in excess of the ten-mill limitation under	18190
this section shall be certified to the tax commissioner. In the	18191
first year of the levy, it shall be extended on the tax lists	18192
after the February settlement succeeding the election. If the	18193
additional tax is to be placed upon the tax list of the current	18194
year, as specified in the resolution providing for its submission,	18195
the result of the election shall be certified immediately after	18196
the canvass by the board of elections to the taxing authority, who	18197
shall make the necessary levy and certify it to the county	18198
auditor, who shall extend it on the tax lists for collection.	18199
After the first year, the tax levy shall be included in the annual	18200
tax budget that is certified to the county budget commission.	18201

Sec. 5705.251. (A) A copy of a resolution adopted under	18202
section 5705.212 or 5705.213 of the Revised Code shall be	18203
certified by the board of education to the board of elections of	18204
the proper county not less than ~~seventy-five~~ninety days before	18205
the date of the election specified in the resolution, and the	18206
board of elections shall submit the proposal to the electors of	18207
the school district at a special election to be held on that date.	18208
The board of elections shall make the necessary arrangements for	18209
the submission of the question or questions to the electors of the	18210
school district, and the election shall be conducted, canvassed,	18211
and certified in the same manner as regular elections in the	18212
school district for the election of county officers. Notice of the	18213
election shall be published in a newspaper of general circulation	18214
in the subdivision once a week for two consecutive weeks prior to	18215
the election, and, if the board of elections operates and	18216
maintains a web site, the board of elections shall post notice of	18217
the election on its web site for thirty days prior to the	18218
election.	18219

(1) In the case of a resolution adopted under section	18220
5705.212 of the Revised Code, the notice shall state separately,	18221
for each tax being proposed, the purpose; the proposed increase in	18222
rate, expressed in dollars and cents for each one hundred dollars	18223
of valuation as well as in mills for each one dollar of valuation;	18224
the number of years during which the increase will be in effect;	18225
and the first calendar year in which the tax will be due. For an	18226
election on the question of a renewal levy, the notice shall state	18227
the purpose; the proposed rate, expressed in dollars and cents for	18228
each one hundred dollars of valuation as well as in mills for each	18229
one dollar of valuation; and the number of years the tax will be	18230
in effect.	18231

(2) In the case of a resolution adopted under section	18232
5705.213 of the Revised Code, the notice shall state the purpose;	18233
the amount proposed to be raised by the tax in the first year it	18234
is levied; the estimated average additional tax rate for the first	18235
year it is proposed to be levied, expressed in mills for each one	18236
dollar of valuation and in dollars and cents for each one hundred	18237
dollars of valuation; the number of years during which the	18238
increase will be in effect; and the first calendar year in which	18239
the tax will be due. The notice also shall state the amount by	18240
which the amount to be raised by the tax may be increased in each	18241
year after the first year. The amount of the allowable increase	18242
may be expressed in terms of a dollar increase over, or a	18243
percentage of, the amount raised by the tax in the immediately	18244
preceding year. For an election on the question of a renewal levy,	18245
the notice shall state the purpose; the amount proposed to be	18246
raised by the tax; the estimated tax rate, expressed in mills for	18247
each one dollar of valuation and in dollars and cents for each one	18248
hundred dollars of valuation; and the number of years the tax will	18249
be in effect.	18250

In any case, the notice also shall state the time and place	18251
of the election.	18252

(B) The form of the ballot in an election on taxes proposed	18253
under section 5705.212 of the Revised Code shall be as follows:	18254

"Shall the .......... school district be authorized to levy	18255
taxes for current expenses, the aggregate rate of which may	18256
increase in ...... (number) increment(s) of not more than ......	18257
mill(s) for each dollar of valuation, from an original rate of	18258
...... mill(s) for each dollar of valuation, which amounts to	18259
...... (rate expressed in dollars and cents) for each one hundred	18260
dollars of valuation, to a maximum rate of ...... mill(s) for each	18261
dollar of valuation, which amounts to ...... (rate expressed in	18262
dollars and cents) for each one hundred dollars of valuation? The	18263
original tax is first proposed to be levied in ...... (the first	18264
year of the tax), and the incremental tax in ...... (the first	18265
year of the increment) (if more than one incremental tax is	18266
proposed in the resolution, the first year that each incremental	18267
tax is proposed to be levied shall be stated in the preceding	18268
format, and the increments shall be referred to as the first,	18269
second, third, or fourth increment, depending on their number).	18270
The aggregate rate of tax so authorized will .......... (insert	18271
either, "expire with the original rate of tax which shall be in	18272
effect for ...... years" or "be in effect for a continuing period	18273
of time").	18274

18275

		FOR THE TAX LEVIES			18276
		AGAINST THE TAX LEVIES	"		18277

18278

The form of the ballot in an election on the question of a	18279
renewal levy under section 5705.212 of the Revised Code shall be	18280
as follows:	18281

"Shall the ......... school district be authorized to renew a	18282
tax for current expenses at a rate not exceeding ......... mills	18283
for each dollar of valuation, which amounts to ......... (rate	18284
expressed in dollars and cents) for each one hundred dollars of	18285
valuation, for .......... (number of years the levy shall be in	18286
effect, or a continuing period of time)?	18287

18288

		FOR THE TAX LEVY			18289
		AGAINST THE TAX LEVY	"		18290

18291

If the tax is to be placed on the current tax list, the form	18292
of the ballot shall be modified by adding, after the statement of	18293
the number of years the levy is to be in effect, the phrase ",	18294
commencing in .......... (first year the tax is to be levied),	18295
first due in calendar year .......... (first calendar year in	18296
which the tax shall be due)."	18297

(C) The form of the ballot in an election on a tax proposed	18298
under section 5705.213 of the Revised Code shall be as follows:	18299

"Shall the ........ school district be authorized to levy the	18300
following tax for current expenses? The tax will first be levied	18301
in ...... (year) to raise ...... (dollars). In the ...... (number	18302
of years) following years, the tax will increase by not more than	18303
...... (per cent or dollar amount of increase) each year, so that,	18304
during ...... (last year of the tax), the tax will raise	18305
approximately ...... (dollars). The county auditor estimates that	18306
the rate of the tax per dollar of valuation will be ......	18307
mill(s), which amounts to $..... per one hundred dollars of	18308
valuation, both during ...... (first year of the tax) and ......	18309
mill(s), which amounts to $...... per one hundred dollars of	18310
valuation, during ...... (last year of the tax). The tax will not	18311
be levied after ...... (year).	18312

18313

		FOR THE TAX LEVY			18314
		AGAINST THE TAX LEVY	"		18315

18316

The form of the ballot in an election on the question of a	18317
renewal levy under section 5705.213 of the Revised Code shall be	18318
as follows:	18319

"Shall the ......... school district be authorized to renew a	18320
tax for current expenses which will raise ......... (dollars),	18321
estimated by the county auditor to be ......... mills for each	18322
dollar of valuation, which amounts to ......... (rate expressed in	18323
dollars and cents) for each one hundred dollars of valuation? The	18324
tax shall be in effect for ......... (the number of years the levy	18325
shall be in effect, or a continuing period of time).	18326

18327

		FOR THE TAX LEVY			18328
		AGAINST THE TAX LEVY	"		18329

18330

If the tax is to be placed on the current tax list, the form	18331
of the ballot shall be modified by adding, after the statement of	18332
the number of years the levy is to be in effect, the phrase ",	18333
commencing in .......... (first year the tax is to be levied),	18334
first due in calendar year .......... (first calendar year in	18335
which the tax shall be due)."	18336

(D) The question covered by a resolution adopted under	18337
section 5705.212 or 5705.213 of the Revised Code shall be	18338
submitted as a separate question, but may be printed on the same	18339
ballot with any other question submitted at the same election,	18340
other than the election of officers. More than one question may be	18341
submitted at the same election.	18342

(E) Taxes voted in excess of the ten-mill limitation under	18343
division (B) or (C) of this section shall be certified to the tax	18344
commissioner. If an additional tax is to be placed upon the tax	18345
list of the current year, as specified in the resolution providing	18346
for its submission, the result of the election shall be certified	18347
immediately after the canvass by the board of elections to the	18348
board of education. The board of education immediately shall make	18349
the necessary levy and certify it to the county auditor, who shall	18350
extend it on the tax list for collection. After the first year,	18351
the levy shall be included in the annual tax budget that is	18352
certified to the county budget commission.	18353

Sec. 5705.261. The question of decrease of an increased rate	18354
of levy approved for a continuing period of time by the voters of	18355
a subdivision may be initiated by the filing of a petition with	18356
the board of elections of the proper county not less than	18357
~~seventy-five~~ninety days before the general election in any year	18358
requesting that an election be held on such question. Such	18359
petition shall state the amount of the proposed decrease in the	18360
rate of levy and shall be signed by qualified electors residing in	18361
the subdivision equal in number to at least ten per cent of the	18362
total number of votes cast in the subdivision for the office of	18363
governor at the most recent general election for that office. Only	18364
one such petition may be filed during each five-year period	18365
following the election at which the voters approved the increased	18366
rate for a continuing period of time.	18367

After determination by it that such petition is valid, the	18368
board of elections shall submit the question to the electors of	18369
the district at the succeeding general election. The election	18370
shall be conducted, canvassed, and certified in the same manner as	18371
regular elections in such subdivision for county offices. Notice	18372
of the election shall be published in a newspaper of general	18373
circulation in the district once a week for two consecutive weeks	18374
prior to the election, and, if the board of elections operates and	18375
maintains a web site, the board of elections shall post notice of	18376
the election on its web site for thirty days prior to the	18377
election. The notice shall state the purpose, the amount of the	18378
proposed decrease in rate, and the time and place of the election.	18379
The form of the ballot cast at such election shall be prescribed	18380
by the secretary of state. The question covered by such petition	18381
shall be submitted as a separate proposition but it may be printed	18382
on the same ballot with any other propositions submitted at the	18383
same election other than the election of officers. If a majority	18384
of the qualified electors voting on the question of a decrease at	18385
such election approve the proposed decrease in rate, the result of	18386
the election shall be certified immediately after the canvass by	18387
the board of elections to the subdivision's taxing authority,	18388
which shall thereupon, after the current year, cease to levy such	18389
increased rate or levy such tax at such reduced rate upon the	18390
duplicate of the subdivision. If notes have been issued in	18391
anticipation of the collection of such levy, the taxing authority	18392
shall continue to levy and collect under authority of the election	18393
authorizing the original levy such amounts as will be sufficient	18394
to pay the principal of and interest on such anticipation notes as	18395
the same fall due.	18396

Sec. 5705.27. There is hereby created in each county a	18397
county budget commission consisting of the county auditor, the	18398
county treasurer, and the prosecuting attorney. Upon petition	18399
filed with the board of elections, signed by the number of	18400
electors of the county equal in amount to three per cent of the	18401
total number of votes cast for governor at the most recent	18402
election therefor, there shall be submitted to the electors of the	18403
county at the next general election occurring not sooner than	18404
~~seventy-five~~ninety days after the filing of the petition, the	18405
question "Shall the county budget commission consist of two	18406
additional members to be elected from the county?" Provision shall	18407
be made on the ballot for the election from the county at large of	18408
two additional members of the county budget commission who shall	18409
be electors of the county if a majority of the electors voting on	18410
the question shall have voted in the affirmative. In such	18411
counties, where the electors have voted in the affirmative, the	18412
county budget commission shall consist of such two elected members	18413
in addition to the county auditor, the county treasurer and the	18414
prosecuting attorney. Such members, who shall not hold any other	18415
public office, shall serve for a term of four years. The	18416
commission shall meet at the office of the county auditor in each	18417
county on the first Monday in February and on the first Monday in	18418
August, annually, and shall complete its work on or before the	18419
first day of September, annually, unless for good cause the tax	18420
commissioner extends the time for completing the work. A majority	18421
of members shall constitute a quorum, provided that no action of	18422
the commission shall be valid unless agreed to by a majority of	18423
the members of the commission. The auditor shall be the secretary	18424
of the commission and shall keep a full and accurate record of all	18425
proceedings. The auditor shall appoint such messengers and clerks	18426
as the commission deems necessary, and the budget commissioners	18427
shall be allowed their actual and necessary expenses. The elected	18428
members of the commission shall also receive twenty dollars for	18429
each day in attendance at commission meetings and in discharge of	18430
official duties. Any vacancy among such elected members shall be	18431
filled by the presiding judge of the court of common pleas. In	18432
adjusting the rates of taxation and fixing the amount of taxes to	18433
be levied each year, the commissioners shall be governed by the	18434
amount of the taxable property shown on the auditor's tax list for	18435
the current year; provided that if the auditor's tax list has not	18436
been completed, the auditor shall estimate, as nearly as	18437
practicable, the amount of the taxable property for such year, and	18438
such officers shall be governed by such estimate.	18439

In any county in which two members of the commission are	18440
elected, upon petition filed with the board of elections, signed	18441
by the number of electors of the county equal in amount to three	18442
per cent of the votes cast for governor at the most recent	18443
election therefor, there shall be submitted to the electors of the	18444
county at the next general election occurring not sooner than	18445
~~seventy-five~~ninety days after the filing of the petition, the	18446
question "Shall the elected members be eliminated from the county	18447
budget commission?" If the majority of the electors voting thereon	18448
shall have voted in the affirmative, the county budget commission	18449
shall consist solely of the county auditor, the county treasurer,	18450
and the prosecuting attorney.	18451

Sec. 5705.71. (A) The electors of a county may initiate the	18452
question of a tax levy for support of senior citizens services or	18453
facilities by the filing of a petition with the board of elections	18454
of that county not less than ~~seventy-five~~ninety days before the	18455
date of any primary or general election requesting that an	18456
election be held on such question. The petition shall be signed by	18457
at least ten per cent of the qualified electors residing in the	18458
county and voting for the office of governor at the last general	18459
election.	18460

(B) The petition shall state the purpose for which the senior	18461
citizens tax levy is being proposed, shall specify the amount of	18462
the proposed increase in rate, the period of time during which the	18463
increase is to be in effect, and whether the levy is to be imposed	18464
in the current year. The number of years may be any number not	18465
exceeding five, except that when the additional rate is for the	18466
payment of debt charges the increased rate shall be for the life	18467
of the indebtedness.	18468

(C) After determination by it that such petition is valid,	18469
the board of elections shall submit the question to the electors	18470
of the county at the succeeding primary or general election.	18471

(D) The election shall be conducted, canvassed, and certified	18472
in the same manner as regular elections in such county for county	18473
offices. Notice of the election shall be published in a newspaper	18474
of general circulation in the county once a week for two	18475
consecutive weeks prior to the election, and, if the board of	18476
elections operates and maintains a web site, the board of	18477
elections shall post notice of the election on its web site for	18478
thirty days prior to the election. The notice shall state the	18479
purpose, the amount of the proposed increase in rate, and the time	18480
and place of the election.	18481

(E) The form of the ballot cast at such election shall be	18482
prescribed by the secretary of state. If the tax is to be placed	18483
on the tax list of the current tax year, the form of the ballot	18484
shall include a statement to that effect and shall indicate the	18485
first calendar year the tax will be due. The question covered by	18486
such petition shall be submitted as a separate proposition but it	18487
may be printed on the same ballot with any other propositions	18488
submitted at the same election other than the election of	18489
officers.	18490

(F) If a majority of electors voting on the question vote in	18491
favor of the levy, the board of county commissioners shall levy a	18492
tax, for the period and the purpose stated within the petition. If	18493
the tax is to be placed upon the tax list of the current year, as	18494
specified in the petition, the result of the election shall be	18495
certified immediately after the canvass by the board of elections	18496
to the board of county commissioners, which shall forthwith make	18497
the necessary levy and certify it to the county auditor, who shall	18498
extend it on the tax list for collection. After the first year,	18499
the tax levy shall be included in the annual tax budget that is	18500
certified to the county budget commission.	18501

Sec. 5739.021. (A) For the purpose of providing additional	18502
general revenues for the county or supporting criminal and	18503
administrative justice services in the county, or both, and to pay	18504
the expenses of administering such levy, any county may levy a tax	18505
at the rate of not more than one per cent at any multiple of	18506
one-fourth of one per cent upon every retail sale made in the	18507
county, except sales of watercraft and outboard motors required to	18508
be titled pursuant to Chapter 1548. of the Revised Code and sales	18509
of motor vehicles, and may increase the rate of an existing tax to	18510
not more than one per cent at any multiple of one-fourth of one	18511
per cent.	18512

The tax shall be levied and the rate increased pursuant to a	18513
resolution of the board of county commissioners. The resolution	18514
shall state the purpose for which the tax is to be levied and the	18515
number of years for which the tax is to be levied, or that it is	18516
for a continuing period of time. If the tax is to be levied for	18517
the purpose of providing additional general revenues and for the	18518
purpose of supporting criminal and administrative justice	18519
services, the resolution shall state the rate or amount of the tax	18520
to be apportioned to each such purpose. The rate or amount may be	18521
different for each year the tax is to be levied, but the rates or	18522
amounts actually apportioned each year shall not be different from	18523
that stated in the resolution for that year. If the resolution is	18524
adopted as an emergency measure necessary for the immediate	18525
preservation of the public peace, health, or safety, it must	18526
receive an affirmative vote of all of the members of the board of	18527
county commissioners and shall state the reasons for such	18528
necessity. The board shall deliver a certified copy of the	18529
resolution to the tax commissioner, not later than the sixty-fifth	18530
day prior to the date on which the tax is to become effective,	18531
which shall be the first day of the calendar quarter.	18532

Prior to the adoption of any resolution under this section,	18533
the board of county commissioners shall conduct two public	18534
hearings on the resolution, the second hearing to be not less than	18535
three nor more than ten days after the first. Notice of the date,	18536
time, and place of the hearings shall be given by publication in a	18537
newspaper of general circulation in the county once a week on the	18538
same day of the week for two consecutive weeks, the second	18539
publication being not less than ten nor more than thirty days	18540
prior to the first hearing.	18541

Except as provided in division (B)(3) of this section, the	18542
resolution shall be subject to a referendum as provided in	18543
sections 305.31 to 305.41 of the Revised Code.	18544

If a petition for a referendum is filed, the county auditor	18545
with whom the petition was filed shall, within five days, notify	18546
the board of county commissioners and the tax commissioner of the	18547
filing of the petition by certified mail. If the board of	18548
elections with which the petition was filed declares the petition	18549
invalid, the board of elections, within five days, shall notify	18550
the board of county commissioners and the tax commissioner of that	18551
declaration by certified mail. If the petition is declared to be	18552
invalid, the effective date of the tax or increased rate of tax	18553
levied by this section shall be the first day of a calendar	18554
quarter following the expiration of sixty-five days from the date	18555
the commissioner receives notice from the board of elections that	18556
the petition is invalid.	18557

(B)(1) A resolution that is not adopted as an emergency	18558
measure may direct the board of elections to submit the question	18559
of levying the tax or increasing the rate of tax to the electors	18560
of the county at a special election held on the date specified by	18561
the board of county commissioners in the resolution, provided that	18562
the election occurs not less than ~~seventy-five~~ninety days after a	18563
certified copy of such resolution is transmitted to the board of	18564
elections and the election is not held in February or August of	18565
any year. Upon transmission of the resolution to the board of	18566
elections, the board of county commissioners shall notify the tax	18567
commissioner in writing of the levy question to be submitted to	18568
the electors. No resolution adopted under this division shall go	18569
into effect unless approved by a majority of those voting upon it,	18570
and, except as provided in division (B)(3) of this section, shall	18571
become effective on the first day of a calendar quarter following	18572
the expiration of sixty-five days from the date the tax	18573
commissioner receives notice from the board of elections of the	18574
affirmative vote.	18575

(2) A resolution that is adopted as an emergency measure	18576
shall go into effect as provided in division (A) of this section,	18577
but may direct the board of elections to submit the question of	18578
repealing the tax or increase in the rate of the tax to the	18579
electors of the county at the next general election in the county	18580
occurring not less than ~~seventy-five~~ninety days after a certified	18581
copy of the resolution is transmitted to the board of elections.	18582
Upon transmission of the resolution to the board of elections, the	18583
board of county commissioners shall notify the tax commissioner in	18584
writing of the levy question to be submitted to the electors. The	18585
ballot question shall be the same as that prescribed in section	18586
5739.022 of the Revised Code. The board of elections shall notify	18587
the board of county commissioners and the tax commissioner of the	18588
result of the election immediately after the result has been	18589
declared. If a majority of the qualified electors voting on the	18590
question of repealing the tax or increase in the rate of the tax	18591
vote for repeal of the tax or repeal of the increase, the board of	18592
county commissioners, on the first day of a calendar quarter	18593
following the expiration of sixty-five days after the date the	18594
board and tax commissioner receive notice of the result of the	18595
election, shall, in the case of a repeal of the tax, cease to levy	18596
the tax, or, in the case of a repeal of an increase in the rate of	18597
the tax, cease to levy the increased rate and levy the tax at the	18598
rate at which it was imposed immediately prior to the increase in	18599
rate.	18600

(3) If a vendor that is registered with the central	18601
electronic registration system provided for in section 5740.05 of	18602
the Revised Code makes a sale in this state by printed catalog and	18603
the consumer computed the tax on the sale based on local rates	18604
published in the catalog, any tax levied or repealed or rate	18605
changed under this section shall not apply to such a sale until	18606
the first day of a calendar quarter following the expiration of	18607
one hundred twenty days from the date of notice by the tax	18608
commissioner pursuant to division (H) of this section.	18609

(C) If a resolution is rejected at a referendum or if a	18610
resolution adopted after January 1, 1982, as an emergency measure	18611
is repealed by the electors pursuant to division (B)(2) of this	18612
section or section 5739.022 of the Revised Code, then for one year	18613
after the date of the election at which the resolution was	18614
rejected or repealed the board of county commissioners may not	18615
adopt any resolution authorized by this section as an emergency	18616
measure.	18617

(D) The board of county commissioners, at any time while a	18618
tax levied under this section is in effect, may by resolution	18619
reduce the rate at which the tax is levied to a lower rate	18620
authorized by this section. Any reduction in the rate at which the	18621
tax is levied shall be made effective on the first day of a	18622
calendar quarter next following the sixty-fifth day after a	18623
certified copy of the resolution is delivered to the tax	18624
commissioner.	18625

(E) The tax on every retail sale subject to a tax levied	18626
pursuant to this section shall be in addition to the tax levied by	18627
section 5739.02 of the Revised Code and any tax levied pursuant to	18628
section 5739.023 or 5739.026 of the Revised Code.	18629

A county that levies a tax pursuant to this section shall	18630
levy a tax at the same rate pursuant to section 5741.021 of the	18631
Revised Code.	18632

The additional tax levied by the county shall be collected	18633
pursuant to section 5739.025 of the Revised Code. If the	18634
additional tax or some portion thereof is levied for the purpose	18635
of criminal and administrative justice services, the revenue from	18636
the tax, or the amount or rate apportioned to that purpose, shall	18637
be credited to a special fund created in the county treasury for	18638
receipt of that revenue.	18639

Any tax levied pursuant to this section is subject to the	18640
exemptions provided in section 5739.02 of the Revised Code and in	18641
addition shall not be applicable to sales not within the taxing	18642
power of a county under the Constitution of the United States or	18643
the Ohio Constitution.	18644

(F) For purposes of this section, a copy of a resolution is	18645
"certified" when it contains a written statement attesting that	18646
the copy is a true and exact reproduction of the original	18647
resolution.	18648

(G) If a board of commissioners intends to adopt a resolution	18649
to levy a tax in whole or in part for the purpose of criminal and	18650
administrative justice services, the board shall prepare and make	18651
available at the first public hearing at which the resolution is	18652
considered a statement containing the following information:	18653

(1) For each of the two preceding fiscal years, the amount of	18654
expenditures made by the county from the county general fund for	18655
the purpose of criminal and administrative justice services;	18656

(2) For the fiscal year in which the resolution is adopted,	18657
the board's estimate of the amount of expenditures to be made by	18658
the county from the county general fund for the purpose of	18659
criminal and administrative justice services;	18660

(3) For each of the two fiscal years after the fiscal year in	18661
which the resolution is adopted, the board's preliminary plan for	18662
expenditures to be made from the county general fund for the	18663
purpose of criminal and administrative justice services, both	18664
under the assumption that the tax will be imposed for that purpose	18665
and under the assumption that the tax would not be imposed for	18666
that purpose, and for expenditures to be made from the special	18667
fund created under division (E) of this section under the	18668
assumption that the tax will be imposed for that purpose.	18669

The board shall prepare the statement and the preliminary	18670
plan using the best information available to the board at the time	18671
the statement is prepared. Neither the statement nor the	18672
preliminary plan shall be used as a basis to challenge the	18673
validity of the tax in any court of competent jurisdiction, nor	18674
shall the statement or preliminary plan limit the authority of the	18675
board to appropriate, pursuant to section 5705.38 of the Revised	18676
Code, an amount different from that specified in the preliminary	18677
plan.	18678

(H) Upon receipt from a board of county commissioners of a	18679
certified copy of a resolution required by division (A) or (D) of	18680
this section, or from the board of elections of a notice of the	18681
results of an election required by division (A) or (B)(1) or (2)	18682
of this section, the tax commissioner shall provide notice of a	18683
tax rate change in a manner that is reasonably accessible to all	18684
affected vendors. The commissioner shall provide this notice at	18685
least sixty days prior to the effective date of the rate change.	18686
The commissioner, by rule, may establish the method by which	18687
notice will be provided.	18688

(I) As used in this section, "criminal and administrative	18689
justice services" means the exercise by the county sheriff of all	18690
powers and duties vested in that office by law; the exercise by	18691
the county prosecuting attorney of all powers and duties vested in	18692
that office by law; the exercise by any court in the county of all	18693
powers and duties vested in that court; the exercise by the clerk	18694
of the court of common pleas, any clerk of a municipal court	18695
having jurisdiction throughout the county, or the clerk of any	18696
county court of all powers and duties vested in the clerk by law	18697
except, in the case of the clerk of the court of common pleas, the	18698
titling of motor vehicles or watercraft pursuant to Chapter 1548.	18699
or 4505. of the Revised Code; the exercise by the county coroner	18700
of all powers and duties vested in that office by law; making	18701
payments to any other public agency or a private, nonprofit	18702
agency, the purposes of which in the county include the diversion,	18703
adjudication, detention, or rehabilitation of criminals or	18704
juvenile offenders; the operation and maintenance of any detention	18705
facility, as defined in section 2921.01 of the Revised Code; and	18706
the construction, acquisition, equipping, or repair of such a	18707
detention facility, including the payment of any debt charges	18708
incurred in the issuance of securities pursuant to Chapter 133. of	18709
the Revised Code for the purpose of constructing, acquiring,	18710
equipping, or repairing such a facility.	18711

Sec. 5739.022. (A) The question of repeal of either a county	18712
permissive tax or an increase in the rate of a county permissive	18713
tax that was adopted as an emergency measure pursuant to section	18714
5739.021 or 5739.026 of the Revised Code may be initiated by	18715
filing with the board of elections of the county not less than	18716
~~seventy-five~~ninety days before the general election in any year a	18717
petition requesting that an election be held on the question. The	18718
question of repealing an increase in the rate of the county	18719
permissive tax shall be submitted to the electors as a separate	18720
question from the repeal of the tax in effect prior to the	18721
increase in the rate. Any petition filed under this section shall	18722
be signed by qualified electors residing in the county equal in	18723
number to ten per cent of those voting for governor at the most	18724
recent gubernatorial election.	18725

After determination by it that the petition is valid, the	18726
board of elections shall submit the question to the electors of	18727
the county at the next general election. The election shall be	18728
conducted, canvassed, and certified in the same manner as regular	18729
elections for county offices in the county. The board of elections	18730
shall notify the tax commissioner, in writing, of the election	18731
upon determining that the petition is valid. Notice of the	18732
election shall also be published in a newspaper of general	18733
circulation in the district once a week for two consecutive weeks	18734
prior to the election, and, if the board of elections operates and	18735
maintains a web site, the board of elections shall post notice of	18736
the election on its web site for thirty days prior to the	18737
election. The notice shall state the purpose, time, and place of	18738
the election. The form of the ballot cast at the election shall be	18739
prescribed by the secretary of state; however, the ballot question	18740
shall read, "shall the tax (or, increase in the rate of the tax)	18741
be retained?	18742

18743

		Yes			18744
		No	"		18745

18746

The question covered by the petition shall be submitted as a	18747
separate proposition, but it may be printed on the same ballot	18748
with any other proposition submitted at the same election other	18749
than the election of officers.	18750

(B) If a majority of the qualified electors voting on the	18751
question of repeal of either a county permissive tax or an	18752
increase in the rate of a county permissive tax approve the	18753
repeal, the board of elections shall notify the board of county	18754
commissioners and the tax commissioner of the result of the	18755
election immediately after the result has been declared. The board	18756
of county commissioners shall, on the first day of the calendar	18757
quarter following the expiration of sixty-five days after the date	18758
the board and the tax commissioner receive the notice, in the case	18759
of a repeal of a county permissive tax, cease to levy the tax, or,	18760
in the case of a repeal of an increase in the rate of a county	18761
permissive tax, levy the tax at the rate at which it was imposed	18762
immediately prior to the increase in rate and cease to levy the	18763
increased rate.	18764

(C) Upon receipt from a board of elections of a notice of the	18765
results of an election required by division (B) of this section,	18766
the tax commissioner shall provide notice of a tax repeal or rate	18767
change in a manner that is reasonably accessible to all affected	18768
vendors. The commissioner shall provide this notice at least sixty	18769
days prior to the effective date of the rate change. The	18770
commissioner, by rule, may establish the method by which notice	18771
will be provided.	18772

(D) If a vendor that is registered with the central	18773
electronic registration system provided for in section 5740.05 of	18774
the Revised Code makes a sale in this state by printed catalog and	18775
the consumer computed the tax on the sale based on local rates	18776
published in the catalog, any tax repealed or rate changed under	18777
this section shall not apply to such a sale until the first day of	18778
a calendar quarter following the expiration of one hundred twenty	18779
days from the date of notice by the tax commissioner pursuant to	18780
division (C) of this section.	18781

Sec. 5739.026. (A) A board of county commissioners may levy	18782
a tax of one-fourth or one-half of one per cent on every retail	18783
sale in the county, except sales of watercraft and outboard motors	18784
required to be titled pursuant to Chapter 1548. of the Revised	18785
Code and sales of motor vehicles, and may increase an existing	18786
rate of one-fourth of one per cent to one-half of one per cent, to	18787
pay the expenses of administering the tax and, except as provided	18788
in division (A)(6) of this section, for any one or more of the	18789
following purposes provided that the aggregate levy for all such	18790
purposes does not exceed one-half of one per cent:	18791

(1) To provide additional revenues for the payment of bonds	18792
or notes issued in anticipation of bonds issued by a convention	18793
facilities authority established by the board of county	18794
commissioners under Chapter 351. of the Revised Code and to	18795
provide additional operating revenues for the convention	18796
facilities authority;	18797

(2) To provide additional revenues for a transit authority	18798
operating in the county;	18799

(3) To provide additional revenue for the county's general	18800
fund;	18801

(4) To provide additional revenue for permanent improvements	18802
within the county to be distributed by the community improvements	18803
board in accordance with section 307.283 and to pay principal,	18804
interest, and premium on bonds issued under section 307.284 of the	18805
Revised Code;	18806

(5) To provide additional revenue for the acquisition,	18807
construction, equipping, or repair of any specific permanent	18808
improvement or any class or group of permanent improvements, which	18809
improvement or class or group of improvements shall be enumerated	18810
in the resolution required by division (D) of this section, and to	18811
pay principal, interest, premium, and other costs associated with	18812
the issuance of bonds or notes in anticipation of bonds issued	18813
pursuant to Chapter 133. of the Revised Code for the acquisition,	18814
construction, equipping, or repair of the specific permanent	18815
improvement or class or group of permanent improvements;	18816

(6) To provide revenue for the implementation and operation	18817
of a 9-1-1 system in the county. If the tax is levied or the rate	18818
increased exclusively for such purpose, the tax shall not be	18819
levied or the rate increased for more than five years. At the end	18820
of the last year the tax is levied or the rate increased, any	18821
balance remaining in the special fund established for such purpose	18822
shall remain in that fund and be used exclusively for such purpose	18823
until the fund is completely expended, and, notwithstanding	18824
section 5705.16 of the Revised Code, the board of county	18825
commissioners shall not petition for the transfer of money from	18826
such special fund, and the tax commissioner shall not approve such	18827
a petition.	18828

If the tax is levied or the rate increased for such purpose	18829
for more than five years, the board of county commissioners also	18830
shall levy the tax or increase the rate of the tax for one or more	18831
of the purposes described in divisions (A)(1) to (5) of this	18832
section and shall prescribe the method for allocating the revenues	18833
from the tax each year in the manner required by division (C) of	18834
this section.	18835

(7) To provide additional revenue for the operation or	18836
maintenance of a detention facility, as that term is defined under	18837
division (F) of section 2921.01 of the Revised Code;	18838

(8) To provide revenue to finance the construction or	18839
renovation of a sports facility, but only if the tax is levied for	18840
that purpose in the manner prescribed by section 5739.028 of the	18841
Revised Code.	18842

As used in division (A)(8) of this section:

18843

(a) "Sports facility" means a facility intended to house	18844
major league professional athletic teams.	18845

(b) "Constructing" or "construction" includes providing	18846
fixtures, furnishings, and equipment.	18847

(9) To provide additional revenue for the acquisition of	18848
agricultural easements, as defined in section 5301.67 of the	18849
Revised Code; to pay principal, interest, and premium on bonds	18850
issued under section 133.60 of the Revised Code; and for the	18851
supervision and enforcement of agricultural easements held by the	18852
county;	18853

(10) To provide revenue for the provision of ambulance,	18854
paramedic, or other emergency medical services.	18855

Pursuant to section 755.171 of the Revised Code, a board of	18856
county commissioners may pledge and contribute revenue from a tax	18857
levied for the purpose of division (A)(5) of this section to the	18858
payment of debt charges on bonds issued under section 755.17 of	18859
the Revised Code.	18860

The rate of tax shall be a multiple of one-fourth of one per	18861
cent, unless a portion of the rate of an existing tax levied under	18862
section 5739.023 of the Revised Code has been reduced, and the	18863
rate of tax levied under this section has been increased, pursuant	18864
to section 5739.028 of the Revised Code, in which case the	18865
aggregate of the rates of tax levied under this section and	18866
section 5739.023 of the Revised Code shall be a multiple of	18867
one-fourth of one per cent. The tax shall be levied and the rate	18868
increased pursuant to a resolution adopted by a majority of the	18869
members of the board. The board shall deliver a certified copy of	18870
the resolution to the tax commissioner, not later than the	18871
sixty-fifth day prior to the date on which the tax is to become	18872
effective, which shall be the first day of a calendar quarter.	18873

Prior to the adoption of any resolution to levy the tax or to	18874
increase the rate of tax exclusively for the purpose set forth in	18875
division (A)(3) of this section, the board of county commissioners	18876
shall conduct two public hearings on the resolution, the second	18877
hearing to be no fewer than three nor more than ten days after the	18878
first. Notice of the date, time, and place of the hearings shall	18879
be given by publication in a newspaper of general circulation in	18880
the county once a week on the same day of the week for two	18881
consecutive weeks, the second publication being no fewer than ten	18882
nor more than thirty days prior to the first hearing. Except as	18883
provided in division (E) of this section, the resolution shall be	18884
subject to a referendum as provided in sections 305.31 to 305.41	18885
of the Revised Code. If the resolution is adopted as an emergency	18886
measure necessary for the immediate preservation of the public	18887
peace, health, or safety, it must receive an affirmative vote of	18888
all of the members of the board of county commissioners and shall	18889
state the reasons for the necessity.	18890

If the tax is for more than one of the purposes set forth in	18891
divisions (A)(1) to (7), (9), and (10) of this section, or is	18892
exclusively for one of the purposes set forth in division (A)(1),	18893
(2), (4), (5), (6), (7), (9), or (10) of this section, the	18894
resolution shall not go into effect unless it is approved by a	18895
majority of the electors voting on the question of the tax.	18896

(B) The board of county commissioners shall adopt a	18897
resolution under section 351.02 of the Revised Code creating the	18898
convention facilities authority, or under section 307.283 of the	18899
Revised Code creating the community improvements board, before	18900
adopting a resolution levying a tax for the purpose of a	18901
convention facilities authority under division (A)(1) of this	18902
section or for the purpose of a community improvements board under	18903
division (A)(4) of this section.	18904

(C)(1) If the tax is to be used for more than one of the	18905
purposes set forth in divisions (A)(1) to (7), (9), and (10) of	18906
this section, the board of county commissioners shall establish	18907
the method that will be used to determine the amount or proportion	18908
of the tax revenue received by the county during each year that	18909
will be distributed for each of those purposes, including, if	18910
applicable, provisions governing the reallocation of a convention	18911
facilities authority's allocation if the authority is dissolved	18912
while the tax is in effect. The allocation method may provide that	18913
different proportions or amounts of the tax shall be distributed	18914
among the purposes in different years, but it shall clearly	18915
describe the method that will be used for each year. Except as	18916
otherwise provided in division (C)(2) of this section, the	18917
allocation method established by the board is not subject to	18918
amendment during the life of the tax.	18919

(2) Subsequent to holding a public hearing on the proposed	18920
amendment, the board of county commissioners may amend the	18921
allocation method established under division (C)(1) of this	18922
section for any year, if the amendment is approved by the	18923
governing board of each entity whose allocation for the year would	18924
be reduced by the proposed amendment. In the case of a tax that is	18925
levied for a continuing period of time, the board may not so amend	18926
the allocation method for any year before the sixth year that the	18927
tax is in effect.	18928

(a) If the additional revenues provided to the convention	18929
facilities authority are pledged by the authority for the payment	18930
of convention facilities authority revenue bonds for as long as	18931
such bonds are outstanding, no reduction of the authority's	18932
allocation of the tax shall be made for any year except to the	18933
extent that the reduced authority allocation, when combined with	18934
the authority's other revenues pledged for that purpose, is	18935
sufficient to meet the debt service requirements for that year on	18936
such bonds.	18937

(b) If the additional revenues provided to the county are	18938
pledged by the county for the payment of bonds or notes described	18939
in division (A)(4) or (5) of this section, for as long as such	18940
bonds or notes are outstanding, no reduction of the county's or	18941
the community improvements board's allocation of the tax shall be	18942
made for any year, except to the extent that the reduced county or	18943
community improvements board allocation is sufficient to meet the	18944
debt service requirements for that year on such bonds or notes.	18945

(c) If the additional revenues provided to the transit	18946
authority are pledged by the authority for the payment of revenue	18947
bonds issued under section 306.37 of the Revised Code, for as long	18948
as such bonds are outstanding, no reduction of the authority's	18949
allocation of tax shall be made for any year, except to the extent	18950
that the authority's reduced allocation, when combined with the	18951
authority's other revenues pledged for that purpose, is sufficient	18952
to meet the debt service requirements for that year on such bonds.	18953

(d) If the additional revenues provided to the county are	18954
pledged by the county for the payment of bonds or notes issued	18955
under section 133.60 of the Revised Code, for so long as the bonds	18956
or notes are outstanding, no reduction of the county's allocation	18957
of the tax shall be made for any year, except to the extent that	18958
the reduced county allocation is sufficient to meet the debt	18959
service requirements for that year on the bonds or notes.	18960

(D)(1) The resolution levying the tax or increasing the rate	18961
of tax shall state the rate of the tax or the rate of the	18962
increase; the purpose or purposes for which it is to be levied;	18963
the number of years for which it is to be levied or that it is for	18964
a continuing period of time; the allocation method required by	18965
division (C) of this section; and if required to be submitted to	18966
the electors of the county under division (A) of this section, the	18967
date of the election at which the proposal shall be submitted to	18968
the electors of the county, which shall be not less than	18969
~~seventy-five~~ninety days after the certification of a copy of the	18970
resolution to the board of elections and, if the tax is to be	18971
levied exclusively for the purpose set forth in division (A)(3) of	18972
this section, shall not occur in February or August of any year.	18973
Upon certification of the resolution to the board of elections,	18974
the board of county commissioners shall notify the tax	18975
commissioner in writing of the levy question to be submitted to	18976
the electors. If approved by a majority of the electors, the tax	18977
shall become effective on the first day of a calendar quarter next	18978
following the sixty-fifth day following the date the board of	18979
county commissioners and tax commissioner receive from the board	18980
of elections the certification of the results of the election,	18981
except as provided in division (E) of this section.	18982

(2)(a) A resolution specifying that the tax is to be used	18983
exclusively for the purpose set forth in division (A)(3) of this	18984
section that is not adopted as an emergency measure may direct the	18985
board of elections to submit the question of levying the tax or	18986
increasing the rate of the tax to the electors of the county at a	18987
special election held on the date specified by the board of county	18988
commissioners in the resolution, provided that the election occurs	18989
not less than ~~seventy-five~~ninety days after the resolution is	18990
certified to the board of elections and the election is not held	18991
in February or August of any year. Upon certification of the	18992
resolution to the board of elections, the board of county	18993
commissioners shall notify the tax commissioner in writing of the	18994
levy question to be submitted to the electors. No resolution	18995
adopted under division (D)(2)(a) of this section shall go into	18996
effect unless approved by a majority of those voting upon it and,	18997
except as provided in division (E) of this section, not until the	18998
first day of a calendar quarter following the expiration of	18999
sixty-five days from the date the tax commissioner receives notice	19000
from the board of elections of the affirmative vote.	19001

(b) A resolution specifying that the tax is to be used	19002
exclusively for the purpose set forth in division (A)(3) of this	19003
section that is adopted as an emergency measure shall become	19004
effective as provided in division (A) of this section, but may	19005
direct the board of elections to submit the question of repealing	19006
the tax or increase in the rate of the tax to the electors of the	19007
county at the next general election in the county occurring not	19008
less than ~~seventy-five~~ninety days after the resolution is	19009
certified to the board of elections. Upon certification of the	19010
resolution to the board of elections, the board of county	19011
commissioners shall notify the tax commissioner in writing of the	19012
levy question to be submitted to the electors. The ballot question	19013
shall be the same as that prescribed in section 5739.022 of the	19014
Revised Code. The board of elections shall notify the board of	19015
county commissioners and the tax commissioner of the result of the	19016
election immediately after the result has been declared. If a	19017
majority of the qualified electors voting on the question of	19018
repealing the tax or increase in the rate of the tax vote for	19019
repeal of the tax or repeal of the increase, the board of county	19020
commissioners, on the first day of a calendar quarter following	19021
the expiration of sixty-five days after the date the board and tax	19022
commissioner received notice of the result of the election, shall,	19023
in the case of a repeal of the tax, cease to levy the tax, or, in	19024
the case of a repeal of an increase in the rate of the tax, cease	19025
to levy the increased rate and levy the tax at the rate at which	19026
it was imposed immediately prior to the increase in rate.	19027

(c) A board of county commissioners, by resolution, may	19028
reduce the rate of a tax levied exclusively for the purpose set	19029
forth in division (A)(3) of this section to a lower rate	19030
authorized by this section. Any such reduction shall be made	19031
effective on the first day of the calendar quarter next following	19032
the sixty-fifth day after the tax commissioner receives a	19033
certified copy of the resolution from the board.	19034

(E) If a vendor that is registered with the central	19035
electronic registration system provided for in section 5740.05 of	19036
the Revised Code makes a sale in this state by printed catalog and	19037
the consumer computed the tax on the sale based on local rates	19038
published in the catalog, any tax levied or repealed or rate	19039
changed under this section shall not apply to such a sale until	19040
the first day of a calendar quarter following the expiration of	19041
one hundred twenty days from the date of notice by the tax	19042
commissioner pursuant to division (G) of this section.	19043

(F) The tax levied pursuant to this section shall be in	19044
addition to the tax levied by section 5739.02 of the Revised Code	19045
and any tax levied pursuant to section 5739.021 or 5739.023 of the	19046
Revised Code.	19047

A county that levies a tax pursuant to this section shall	19048
levy a tax at the same rate pursuant to section 5741.023 of the	19049
Revised Code.	19050

The additional tax levied by the county shall be collected	19051
pursuant to section 5739.025 of the Revised Code.	19052

Any tax levied pursuant to this section is subject to the	19053
exemptions provided in section 5739.02 of the Revised Code and in	19054
addition shall not be applicable to sales not within the taxing	19055
power of a county under the Constitution of the United States or	19056
the Ohio Constitution.	19057

(G) Upon receipt from a board of county commissioners of a	19058
certified copy of a resolution required by division (A) of this	19059
section, or from the board of elections a notice of the results of	19060
an election required by division (D)(1), (2)(a), (b), or (c) of	19061
this section, the tax commissioner shall provide notice of a tax	19062
rate change in a manner that is reasonably accessible to all	19063
affected vendors. The commissioner shall provide this notice at	19064
least sixty days prior to the effective date of the rate change.	19065
The commissioner, by rule, may establish the method by which	19066
notice will be provided.	19067

Sec. 5743.021. (A) As used in this section, "qualifying	19068
regional arts and cultural district" means a regional arts and	19069
cultural district created under section 3381.04 of the Revised	19070
Code in a county having a population of one million two hundred	19071
thousand or more according to the 2000 federal decennial census.	19072

(B) For one or more of the purposes for which a tax may be	19073
levied under section 3381.16 of the Revised Code and for the	19074
purposes of paying the expenses of administering the tax and the	19075
expenses charged by a board of elections to hold an election on a	19076
question submitted under this section, the board of county	19077
commissioners of a county that has within its territorial	19078
boundaries a qualifying regional arts and cultural district may	19079
levy a tax on the sale of cigarettes sold for resale at retail in	19080
the county composing the district. The rate of the tax, when added	19081
to the rate of any other tax concurrently levied by the board	19082
under this section, shall not exceed fifteen mills per cigarette,	19083
and shall be computed on each cigarette sold. Only one sale of the	19084
same article shall be used in computing the amount of tax due. The	19085
tax may be levied for any number of years not exceeding ten years.	19086

The tax shall be levied pursuant to a resolution of the board	19087
of county commissioners approved by a majority of the electors in	19088
the county voting on the question of levying the tax. The	19089
resolution shall specify the rate of the tax, the number of years	19090
the tax will be levied, and the purposes for which the tax is	19091
levied. The election may be held on the date of a general,	19092
primary, or special election held not sooner than ~~seventy-five~~	19093
ninety days after the date the board certifies its resolution to	19094
the board of elections. If approved by the electors, the tax shall	19095
take effect on the first day of the month specified in the	19096
resolution but not sooner than the first day of the month that is	19097
at least sixty days after the certification of the election	19098
results by the board of elections. A copy of the resolution	19099
levying the tax shall be certified to the tax commissioner at	19100
least sixty days prior to the date on which the tax is to become	19101
effective.	19102

(C) The form of the ballot in an election held under this	19103
section shall be as follows, or in any other form acceptable to	19104
the secretary of state:	19105

"For the purpose of .......... (insert the purpose or	19106
purposes of the tax), shall an excise tax be levied throughout	19107
.......... County for the benefit of the ........... (name of the	19108
qualifying regional arts and cultural district) on the sale of	19109
cigarettes at wholesale at the rate of .... mills per cigarette	19110
for ..... years?	19111

19112

		For the tax			19113
		Against the tax	"		19114

(D) The treasurer of state shall credit all moneys arising	19115
from taxes levied on behalf of each district under this section	19116
and section 5743.321 of the Revised Code as follows:	19117

(1) To the tax refund fund created by section 5703.052 of the	19118
Revised Code, amounts equal to the refunds from each tax levied	19119
under this section certified by the tax commissioner pursuant to	19120
section 5743.05 of the Revised Code;	19121

(2) Following the crediting of amounts pursuant to division	19122
(D)(1) of this section:	19123

(a) To the permissive tax distribution fund created under	19124
section 4301.423 of the Revised Code, an amount equal to	19125
ninety-eight per cent of the remainder collected;	19126

(b) To the local excise tax administrative fund, which is	19127
hereby created in the state treasury, an amount equal to two per	19128
cent of such remainder, for use by the tax commissioner in	19129
defraying costs incurred in administering the tax.	19130

On or before the second working day of each month, the	19131
treasurer of state shall certify to the tax commissioner the	19132
amount of taxes levied on behalf of each district under sections	19133
5743.021 and 5743.321 of the Revised Code and paid to the	19134
treasurer of state during the preceding month.	19135

On or before the tenth day of each month, the tax	19136
commissioner shall distribute the amount credited to the	19137
permissive tax distribution fund during the preceding month by	19138
providing for payment of the appropriate amount to the county	19139
treasurer of the county in which the tax is levied.	19140

Sec. 5743.024. (A) For the purposes of section 307.696 of	19141
the Revised Code, to pay the expenses of administering the tax,	19142
and to pay any or all of the charge the board of elections makes	19143
against the county to hold the election on the question of levying	19144
the tax, or for such purposes and to provide revenues to the	19145
county for permanent improvements, the board of county	19146
commissioners may levy a tax on sales of cigarettes sold for	19147
resale at retail in the county. The tax shall not exceed two and	19148
twenty-five hundredths of a mill per cigarette, and shall be	19149
computed on each cigarette sold. The tax may be levied for any	19150
number of years not exceeding twenty. Only one sale of the same	19151
article shall be used in computing the amount of tax due.	19152

The tax shall be levied pursuant to a resolution of the	19153
county commissioners approved by a majority of the electors in the	19154
county voting on the question of levying the tax. The resolution	19155
shall specify the rate of the tax, the number of years the tax	19156
will be levied, and the purposes for which the tax is levied. Such	19157
election may be held on the date of a general or special election	19158
held not sooner than ~~seventy-five~~ninety days after the date the	19159
board certifies its resolution to the board of elections. If	19160
approved by the electors, the tax shall take effect on the first	19161
day of the month specified in the resolution but not sooner than	19162
the first day of the month that is at least sixty days after the	19163
certification of the election results by the board of elections. A	19164
copy of the resolution levying the tax shall be certified to the	19165
tax commissioner at least sixty days prior to the date on which	19166
the tax is to become effective.	19167

A resolution under this section may be joined on the ballot	19168
as a single question with a resolution adopted under section	19169
307.697 or 4301.421 of the Revised Code to levy a tax for the same	19170
purposes and for the purpose of paying the expenses of	19171
administering the tax. The form of the ballot in an election held	19172
pursuant to this section shall be as prescribed in section 307.697	19173
of the Revised Code.	19174

(B) The treasurer of state shall credit all moneys arising	19175
from each county's taxes levied under this section and section	19176
5743.323 of the Revised Code as follows:	19177

(1) To the tax refund fund created by section 5703.052 of the	19178
Revised Code, amounts equal to the refunds from each tax levied	19179
under this section certified by the tax commissioner pursuant to	19180
section 5743.05 of the Revised Code;	19181

(2) Following the crediting of amounts pursuant to division	19182
(B)(1) of this section:	19183

(a) To the permissive tax distribution fund created by	19184
division (B)(1) of section 4301.423 of the Revised Code, an amount	19185
equal to ninety-eight per cent of the remainder collected;	19186

(b) To the local excise tax administrative fund, which is	19187
hereby created in the state treasury, an amount equal to two per	19188
cent of such remainder, for use by the tax commissioner in	19189
defraying costs incurred in administering the tax.	19190

On or before the second working day of each month, the	19191
treasurer of state shall certify to the tax commissioner the	19192
amount of each county's taxes levied under sections 5743.024 and	19193
5743.323 of the Revised Code and paid to the treasurer of state	19194
during the preceding month.	19195

On or before the tenth day of each month, the tax	19196
commissioner shall distribute the amount credited to the	19197
permissive tax distribution fund during the preceding month by	19198
providing for payment of the appropriate amount to the county	19199
treasurer of each county levying the tax.	19200

(C) The board of county commissioners of a county in which a	19201
tax is imposed under this section on July 19, 1995, may levy a tax	19202
for the purpose of section 307.673 of the Revised Code regardless	19203
of whether or not the cooperative agreement authorized under that	19204
section has been entered into prior to the day the resolution	19205
adopted under division (C)(1) or (2) of this section is adopted,	19206
and for the purpose of reimbursing a county for costs incurred in	19207
the construction of a sports facility pursuant to an agreement	19208
entered into by the county under section 307.696 of the Revised	19209
Code. The tax shall be levied and approved in one of the manners	19210
prescribed by division (C)(1) or (2) of this section.	19211

(1) The tax may be levied pursuant to a resolution adopted by	19212
a majority of the members of the board of county commissioners not	19213
later than forty-five days after July 19, 1995. A board of county	19214
commissioners approving a tax under division (C)(1) of this	19215
section may approve a tax under division (D)(1) of section 307.697	19216
or division (B)(1) of section 4301.421 of the Revised Code at the	19217
same time. Subject to the resolution being submitted to a	19218
referendum under sections 305.31 to 305.41 of the Revised Code,	19219
the resolution shall take effect immediately, but the tax levied	19220
pursuant to the resolution shall not be levied prior to the day	19221
following the last day taxes levied pursuant to division (A) of	19222
this section may be levied.	19223

(2) The tax may be levied pursuant to a resolution adopted by	19224
a majority of the members of the board of county commissioners not	19225
later than forty-five days after July 19, 1995, and approved by a	19226
majority of the electors of the county voting on the question of	19227
levying the tax at the next succeeding general election following	19228
July 19, 1995. The board of county commissioners shall certify a	19229
copy of the resolution to the board of elections immediately upon	19230
adopting a resolution under division (C)(2) of this section, and	19231
the board of elections shall place the question of levying the tax	19232
on the ballot at that election. The form of the ballot shall be as	19233
prescribed by division (C) of section 307.697 of the Revised Code,	19234
except that the phrase "paying not more than one-half of the costs	19235
of providing a sports facility together with related redevelopment	19236
and economic development projects" shall be replaced by the phrase	19237
"paying the costs of constructing or renovating a sports facility	19238
and reimbursing a county for costs incurred by the county in the	19239
construction of a sports facility," and the phrase ", beginning	19240
.......... (here insert the earliest date the tax would take	19241
effect)" shall be appended after "years." A board of county	19242
commissioners submitting the question of a tax under division	19243
(C)(2) of this section may submit the question of a tax under	19244
division (D)(2) of section 307.697 or division (B)(2) of section	19245
4301.421 of the Revised Code as a single question, and the form of	19246
the ballot shall include each of the proposed taxes.	19247

If approved by a majority of electors voting on the question,	19248
the tax shall take effect on the day specified on the ballot,	19249
which shall not be earlier than the day following the last day the	19250
tax levied pursuant to division (A) of this section may be levied.	19251

The rate of a tax levied pursuant to division (C)(1) or (2)	19252
of this section shall not exceed the rate specified in division	19253
(A) of this section. A tax levied pursuant to division (C)(1) or	19254
(2) of this section may be levied for any number of years not	19255
exceeding twenty.	19256

A board of county commissioners adopting a resolution under	19257
this division shall certify a copy of the resolution to the tax	19258
commissioner immediately upon adoption of the resolution.	19259

(E) No tax shall be levied under this section on or after ~~the~~	19260
~~effective date of the amendment of this section by H.B. 562 of the~~	19261
~~127th general assembly~~September 23, 2008. This division does not	19262
prevent the collection of any tax levied under this section before	19263
that date so long as that tax remains effective.	19264

Sec. 5743.026. For the purposes of section 351.26 of the	19265
Revised Code, to pay the expenses of administering the tax, and to	19266
pay any or all of the charge the board of elections makes against	19267
the county to hold the election on the question of levying the	19268
tax, the board of county commissioners, in the manner prescribed	19269
by division (A) of section 351.26 of the Revised Code, may levy a	19270
tax on sales of cigarettes sold for resale at retail in the	19271
county. The rate of the tax shall not exceed two and twenty-five	19272
hundredths mills per cigarette, and shall be computed on each	19273
cigarette sold. The tax may be levied for any number of years not	19274
to exceed twenty. Only one sale of the same article shall be used	19275
in computing the amount of tax due.	19276

The tax shall be levied pursuant to a resolution of the board	19277
of county commissioners adopted as prescribed by division (A) of	19278
section 351.26 of the Revised Code and approved by a majority of	19279
the electors in the county voting on the question of levying the	19280
tax. The resolution shall specify the rate of the tax, the number	19281
of years the tax will be levied, and the purposes for which the	19282
tax is levied. Such election may be held on the date of a general	19283
or special election held not sooner than ~~seventy-five~~ninety days	19284
after the date the board certifies its resolution to the board of	19285
elections. If approved by voters, the tax shall take effect on the	19286
first day of the month specified in the resolution but not sooner	19287
than the first day of the month that is at least sixty days after	19288
the certification of the election results by the board of	19289
elections. A copy of the resolution levying the tax shall be	19290
certified to the tax commissioner at least sixty days prior to the	19291
date on which the tax is to become effective.	19292

A resolution under this section may be joined on the ballot	19293
as a single question with a resolution adopted under section	19294
4301.424 of the Revised Code to levy a tax for the same purposes	19295
and for the purpose of paying the expenses of administering the	19296
tax. The form of the ballot in an election held pursuant to this	19297
section shall be as prescribed in section 351.26 of the Revised	19298
Code.	19299

The treasurer of state shall credit all moneys arising from	19300
each tax levied under this section and section 5743.324 of the	19301
Revised Code in the same manner prescribed by section 5743.024 of	19302
the Revised Code for the crediting of money arising from taxes	19303
levied under that section, except that the tax commissioner shall	19304
distribute the amount credited to the permissive tax distribution	19305
fund by providing for payment of the appropriate amount to the	19306
county treasurer of the county in which the tax is levied, who	19307
shall credit the payment to the fund or account designated by the	19308
board of directors of the convention facilities authority levying	19309
the tax.	19310

Sec. 5748.02. (A) The board of education of any school	19311
district, except a joint vocational school district, may declare,	19312
by resolution, the necessity of raising annually a specified	19313
amount of money for school district purposes. The resolution shall	19314
specify whether the income that is to be subject to the tax is	19315
taxable income of individuals and estates as defined in divisions	19316
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	19317
taxable income of individuals as defined in division (E)(1)(b) of	19318
that section. A copy of the resolution shall be certified to the	19319
tax commissioner no later than ~~eighty-five~~one hundred days prior	19320
to the date of the election at which the board intends to propose	19321
a levy under this section. Upon receipt of the copy of the	19322
resolution, the tax commissioner shall estimate both of the	19323
following:	19324

(1) The property tax rate that would have to be imposed in	19325
the current year by the district to produce an equivalent amount	19326
of money;	19327

(2) The income tax rate that would have had to have been in	19328
effect for the current year to produce an equivalent amount of	19329
money from a school district income tax.	19330

Within ten days of receiving the copy of the board's	19331
resolution, the commissioner shall prepare these estimates and	19332
certify them to the board. Upon receipt of the certification, the	19333
board may adopt a resolution proposing an income tax under	19334
division (B) of this section at the estimated rate contained in	19335
the certification rounded to the nearest one-fourth of one per	19336
cent. The commissioner's certification applies only to the board's	19337
proposal to levy an income tax at the election for which the board	19338
requested the certification. If the board intends to submit a	19339
proposal to levy an income tax at any other election, it shall	19340
request another certification for that election in the manner	19341
prescribed in this division.	19342

(B)(1) Upon the receipt of a certification from the tax	19343
commissioner under division (A) of this section, a majority of the	19344
members of a board of education may adopt a resolution proposing	19345
the levy of an annual tax for school district purposes on school	19346
district income. The proposed levy may be for a continuing period	19347
of time or for a specified number of years. The resolution shall	19348
set forth the purpose for which the tax is to be imposed, the rate	19349
of the tax, which shall be the rate set forth in the	19350
commissioner's certification rounded to the nearest one-fourth of	19351
one per cent, the number of years the tax will be levied or that	19352
it will be levied for a continuing period of time, the date on	19353
which the tax shall take effect, which shall be the first day of	19354
January of any year following the year in which the question is	19355
submitted, and the date of the election at which the proposal	19356
shall be submitted to the electors of the district, which shall be	19357
on the date of a primary, general, or special election the date of	19358
which is consistent with section 3501.01 of the Revised Code. The	19359
resolution shall specify whether the income that is to be subject	19360
to the tax is taxable income of individuals and estates as defined	19361
in divisions (E)(1)(a) and (2) of section 5748.01 of the Revised	19362
Code or taxable income of individuals as defined in division	19363
(E)(1)(b) of that section. The specification shall be the same as	19364
the specification in the resolution adopted and certified under	19365
division (A) of this section.	19366

If the tax is to be levied for current expenses and permanent	19367
improvements, the resolution shall apportion the annual rate of	19368
the tax. The apportionment may be the same or different for each	19369
year the tax is levied, but the respective portions of the rate	19370
actually levied each year for current expenses and for permanent	19371
improvements shall be limited by the apportionment.	19372

If the board of education currently imposes an income tax	19373
pursuant to this chapter that is due to expire and a question is	19374
submitted under this section for a proposed income tax to take	19375
effect upon the expiration of the existing tax, the board may	19376
specify in the resolution that the proposed tax renews the	19377
expiring tax. Two or more expiring income taxes may be renewed	19378
under this paragraph if the taxes are due to expire on the same	19379
date. If the tax rate being proposed is no higher than the total	19380
tax rate imposed by the expiring tax or taxes, the resolution may	19381
state that the proposed tax is not an additional income tax.	19382

(2) A board of education adopting a resolution under division	19383
(B)(1) of this section proposing a school district income tax for	19384
a continuing period of time and limited to the purpose of current	19385
expenses may propose in that resolution to reduce the rate or	19386
rates of one or more of the school district's property taxes	19387
levied for a continuing period of time in excess of the ten-mill	19388
limitation for the purpose of current expenses. The reduction in	19389
the rate of a property tax may be any amount, expressed in mills	19390
per one dollar in valuation, not exceeding the rate at which the	19391
tax is authorized to be levied. The reduction in the rate of a tax	19392
shall first take effect for the tax year that includes the day on	19393
which the school district income tax first takes effect, and shall	19394
continue for each tax year that both the school district income	19395
tax and the property tax levy are in effect.	19396

In addition to the matters required to be set forth in the	19397
resolution under division (B)(1) of this section, a resolution	19398
containing a proposal to reduce the rate of one or more property	19399
taxes shall state for each such tax the maximum rate at which it	19400
currently may be levied and the maximum rate at which the tax	19401
could be levied after the proposed reduction, expressed in mills	19402
per one dollar in valuation, and that the tax is levied for a	19403
continuing period of time.	19404

If a board of education proposes to reduce the rate of one or	19405
more property taxes under division (B)(2) of this section, the	19406
board, when it makes the certification required under division (A)	19407
of this section, shall designate the specific levy or levies to be	19408
reduced, the maximum rate at which each levy currently is	19409
authorized to be levied, and the rate by which each levy is	19410
proposed to be reduced. The tax commissioner, when making the	19411
certification to the board under division (A) of this section,	19412
also shall certify the reduction in the total effective tax rate	19413
for current expenses for each class of property that would have	19414
resulted if the proposed reduction in the rate or rates had been	19415
in effect the previous tax year. As used in this paragraph,	19416
"effective tax rate" has the same meaning as in section 323.08 of	19417
the Revised Code.	19418

(C) A resolution adopted under division (B) of this section	19419
shall go into immediate effect upon its passage, and no	19420
publication of the resolution shall be necessary other than that	19421
provided for in the notice of election. Immediately after its	19422
adoption and at least ~~seventy-five~~ninety days prior to the	19423
election at which the question will appear on the ballot, a copy	19424
of the resolution shall be certified to the board of elections of	19425
the proper county, which shall submit the proposal to the electors	19426
on the date specified in the resolution. The form of the ballot	19427
shall be as provided in section 5748.03 of the Revised Code.	19428
Publication of notice of the election shall be made in one or more	19429
newspapers of general circulation in the county once a week for	19430
two consecutive weeks prior to the election, and, if the board of	19431
elections operates and maintains a web site, the board of	19432
elections shall post notice of the election on its web site for	19433
thirty days prior to the election. The notice shall contain the	19434
time and place of the election and the question to be submitted to	19435
the electors. The question covered by the resolution shall be	19436
submitted as a separate proposition, but may be printed on the	19437
same ballot with any other proposition submitted at the same	19438
election, other than the election of officers.	19439

(D) No board of education shall submit the question of a tax	19440
on school district income to the electors of the district more	19441
than twice in any calendar year. If a board submits the question	19442
twice in any calendar year, one of the elections on the question	19443
shall be held on the date of the general election.	19444

(E)(1) No board of education may submit to the electors of	19445
the district the question of a tax on school district income on	19446
the taxable income of individuals as defined in division (E)(1)(b)	19447
of section 5748.01 of the Revised Code if that tax would be in	19448
addition to an existing tax on the taxable income of individuals	19449
and estates as defined in divisions (E)(1)(a) and (2) of that	19450
section.	19451

(2) No board of education may submit to the electors of the	19452
district the question of a tax on school district income on the	19453
taxable income of individuals and estates as defined in divisions	19454
(E)(1)(a) and (2) of section 5748.01 of the Revised Code if that	19455
tax would be in addition to an existing tax on the taxable income	19456
of individuals as defined in division (E)(1)(b) of that section.	19457

Sec. 5748.04. (A) The question of the repeal of a school	19458
district income tax levied for more than five years may be	19459
initiated not more than once in any five-year period by filing	19460
with the board of elections of the appropriate counties not later	19461
than ~~seventy-five~~ninety days before the general election in any	19462
year after the year in which it is approved by the electors a	19463
petition requesting that an election be held on the question. The	19464
petition shall be signed by qualified electors residing in the	19465
school district levying the income tax equal in number to ten per	19466
cent of those voting for governor at the most recent gubernatorial	19467
election.	19468

The board of elections shall determine whether the petition	19469
is valid, and if it so determines, it shall submit the question to	19470
the electors of the district at the next general election. The	19471
election shall be conducted, canvassed, and certified in the same	19472
manner as regular elections for county offices in the county.	19473
Notice of the election shall be published in a newspaper of	19474
general circulation in the district once a week for two	19475
consecutive weeks prior to the election, and, if the board of	19476
elections operates and maintains a web site, the board of	19477
elections shall post notice of the election on its web site for	19478
thirty days prior to the election. The notice shall state the	19479
purpose, time, and place of the election. The form of the ballot	19480
cast at the election shall be as follows:	19481

"Shall the annual income tax of ..... per cent, currently	19482
levied on the school district income of individuals and estates by	19483
.......... (state the name of the school district) for the purpose	19484
of .......... (state purpose of the tax), be repealed?	19485

19486

		For repeal of the income tax			19487
		Against repeal of the income tax	"		19488

19489

(B)(1) If the tax is imposed on taxable income as defined in	19490
division (E)(1)(b) of section 5748.01 of the Revised Code, the	19491
form of the ballot shall be modified by stating that the tax	19492
currently is levied on the "earned income of individuals residing	19493
in the school district" in lieu of the "school district income of	19494
individuals and estates."	19495

(2) If the rate of one or more property tax levies was	19496
reduced for the duration of the income tax levy pursuant to	19497
division (B)(2) of section 5748.02 of the Revised Code, the form	19498
of the ballot shall be modified by adding the following language	19499
immediately after "repealed": ", and shall the rate of an existing	19500
tax on property for the purpose of current expenses, which rate	19501
was reduced for the duration of the income tax, be INCREASED from	19502
..... mills to ..... mills per one dollar of valuation beginning	19503
in ..... (state the first year for which the rate of the property	19504
tax will increase)." In lieu of "for repeal of the income tax" and	19505
"against repeal of the income tax," the phrases "for the issue"	19506
and "against the issue," respectively, shall be substituted.	19507

(3) If the rate of more than one property tax was reduced for	19508
the duration of the income tax, the ballot language shall be	19509
modified accordingly to express the rates at which those taxes	19510
currently are levied and the rates to which the taxes would be	19511
increased.	19512

(C) The question covered by the petition shall be submitted	19513
as a separate proposition, but it may be printed on the same	19514
ballot with any other proposition submitted at the same election	19515
other than the election of officers. If a majority of the	19516
qualified electors voting on the question vote in favor of it, the	19517
result shall be certified immediately after the canvass by the	19518
board of elections to the board of education of the school	19519
district and the tax commissioner, who shall thereupon, after the	19520
current year, cease to levy the tax, except that if notes have	19521
been issued pursuant to section 5748.05 of the Revised Code the	19522
tax commissioner shall continue to levy and collect under	19523
authority of the election authorizing the levy an annual amount,	19524
rounded upward to the nearest one-fourth of one per cent, as will	19525
be sufficient to pay the debt charges on the notes as they fall	19526
due.	19527

(D) If a school district income tax repealed pursuant to this	19528
section was approved in conjunction with a reduction in the rate	19529
of one or more school district property taxes as provided in	19530
division (B)(2) of section 5748.02 of the Revised Code, then each	19531
such property tax may be levied after the current year at the rate	19532
at which it could be levied prior to the reduction, subject to any	19533
adjustments required by the county budget commission pursuant to	19534
Chapter 5705. of the Revised Code. Upon the repeal of a school	19535
district income tax under this section, the board of education may	19536
resume levying a property tax, the rate of which has been reduced	19537
pursuant to a question approved under section 5748.02 of the	19538
Revised Code, at the rate the board originally was authorized to	19539
levy the tax. A reduction in the rate of a property tax under	19540
section 5748.02 of the Revised Code is a reduction in the rate at	19541
which a board of education may levy that tax only for the period	19542
during which a school district income tax is levied prior to any	19543
repeal pursuant to this section. The resumption of the authority	19544
to levy the tax upon such a repeal does not constitute a tax	19545
levied in excess of the one per cent limitation prescribed by	19546
Section 2 of Article XII, Ohio Constitution, or in excess of the	19547
ten-mill limitation.	19548

(E) This section does not apply to school district income tax	19549
levies that are levied for five or fewer years.	19550

Sec. 5748.08. (A) The board of education of a city, local,	19551
or exempted village school district, at any time by a vote of	19552
two-thirds of all its members, may declare by resolution that it	19553
may be necessary for the school district to do all of the	19554
following:	19555

(1) Raise a specified amount of money for school district	19556
purposes by levying an annual tax on school district income;	19557

(2) Issue general obligation bonds for permanent	19558
improvements, stating in the resolution the necessity and purpose	19559
of the bond issue and the amount, approximate date, estimated rate	19560
of interest, and maximum number of years over which the principal	19561
of the bonds may be paid;	19562

(3) Levy a tax outside the ten-mill limitation to pay debt	19563
charges on the bonds and any anticipatory securities;	19564

(4) Submit the question of the school district income tax and	19565
bond issue to the electors of the district at a special election.	19566

The resolution shall specify whether the income that is to be	19567
subject to the tax is taxable income of individuals and estates as	19568
defined in divisions (E)(1)(a) and (2) of section 5748.01 of the	19569
Revised Code or taxable income of individuals as defined in	19570
division (E)(1)(b) of that section.	19571

On adoption of the resolution, the board shall certify a copy	19572
of it to the tax commissioner and the county auditor no later than	19573
~~ninety~~one hundred five days prior to the date of the special	19574
election at which the board intends to propose the income tax and	19575
bond issue. Not later than ten days of receipt of the resolution,	19576
the tax commissioner, in the same manner as required by division	19577
(A) of section 5748.02 of the Revised Code, shall estimate the	19578
rates designated in divisions (A)(1) and (2) of that section and	19579
certify them to the board. Not later than ten days of receipt of	19580
the resolution, the county auditor shall estimate and certify to	19581
the board the average annual property tax rate required throughout	19582
the stated maturity of the bonds to pay debt charges on the bonds,	19583
in the same manner as under division (C) of section 133.18 of the	19584
Revised Code.	19585

(B) On receipt of the tax commissioner's and county auditor's	19586
certifications prepared under division (A) of this section, the	19587
board of education of the city, local, or exempted village school	19588
district, by a vote of two-thirds of all its members, may adopt a	19589
resolution proposing for a specified number of years or for a	19590
continuing period of time the levy of an annual tax for school	19591
district purposes on school district income and declaring that the	19592
amount of taxes that can be raised within the ten-mill limitation	19593
will be insufficient to provide an adequate amount for the present	19594
and future requirements of the school district; that it is	19595
necessary to issue general obligation bonds of the school district	19596
for specified permanent improvements and to levy an additional tax	19597
in excess of the ten-mill limitation to pay the debt charges on	19598
the bonds and any anticipatory securities; and that the question	19599
of the bonds and taxes shall be submitted to the electors of the	19600
school district at a special election, which shall not be earlier	19601
than ~~seventy-five~~ninety days after certification of the	19602
resolution to the board of elections, and the date of which shall	19603
be consistent with section 3501.01 of the Revised Code. The	19604
resolution shall specify all of the following:	19605

(1) The purpose for which the school district income tax is	19606
to be imposed and the rate of the tax, which shall be the rate set	19607
forth in the tax commissioner's certification rounded to the	19608
nearest one-fourth of one per cent;	19609

(2) Whether the income that is to be subject to the tax is	19610
taxable income of individuals and estates as defined in divisions	19611
(E)(1)(a) and (2) of section 5748.01 of the Revised Code or	19612
taxable income of individuals as defined in division (E)(1)(b) of	19613
that section. The specification shall be the same as the	19614
specification in the resolution adopted and certified under	19615
division (A) of this section.	19616

(3) The number of years the tax will be levied, or that it	19617
will be levied for a continuing period of time;	19618

(4) The date on which the tax shall take effect, which shall	19619
be the first day of January of any year following the year in	19620
which the question is submitted;	19621

(5) The county auditor's estimate of the average annual	19622
property tax rate required throughout the stated maturity of the	19623
bonds to pay debt charges on the bonds.	19624

(C) A resolution adopted under division (B) of this section	19625
shall go into immediate effect upon its passage, and no	19626
publication of the resolution shall be necessary other than that	19627
provided for in the notice of election. Immediately after its	19628
adoption and at least ~~seventy-five~~ninety days prior to the	19629
election at which the question will appear on the ballot, the	19630
board of education shall certify a copy of the resolution, along	19631
with copies of the auditor's estimate and its resolution under	19632
division (A) of this section, to the board of elections of the	19633
proper county. The board of education shall make the arrangements	19634
for the submission of the question to the electors of the school	19635
district, and the election shall be conducted, canvassed, and	19636
certified in the same manner as regular elections in the district	19637
for the election of county officers.	19638

The resolution shall be put before the electors as one ballot	19639
question, with a majority vote indicating approval of the school	19640
district income tax, the bond issue, and the levy to pay debt	19641
charges on the bonds and any anticipatory securities. The board of	19642
elections shall publish the notice of the election in one or more	19643
newspapers of general circulation in the school district once a	19644
week for two consecutive weeks prior to the election and, if the	19645
board of elections operates and maintains a web site, also shall	19646
post notice of the election on its web site for thirty days prior	19647
to the election. The notice of election shall state all of the	19648
following:	19649

(1) The questions to be submitted to the electors;

19650

(2) The rate of the school district income tax;

19651

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

19652

(4) The permanent improvements for which the bonds are to be	19653
issued;	19654

(5) The maximum number of years over which the principal of	19655
the bonds may be paid;	19656

(6) The estimated additional average annual property tax rate	19657
to pay the debt charges on the bonds, as certified by the county	19658
auditor;	19659

(7) The time and place of the special election.

19660

(D) The form of the ballot on a question submitted to the	19661
electors under this section shall be as follows:	19662

"Shall the ........ school district be authorized to do both	19663
of the following:	19664

(1) Impose an annual income tax of ...... (state the proposed	19665
rate of tax) on the school district income of individuals and of	19666
estates, for ........ (state the number of years the tax would be	19667
levied, or that it would be levied for a continuing period of	19668
time), beginning ........ (state the date the tax would first take	19669
effect), for the purpose of ........ (state the purpose of the	19670
tax)?	19671

(2) Issue bonds for the purpose of ....... in the principal	19672
amount of $......, to be repaid annually over a maximum period of	19673
....... years, and levy a property tax outside the ten-mill	19674
limitation estimated by the county auditor to average over the	19675
bond repayment period ....... mills for each one dollar of tax	19676
valuation, which amounts to ....... (rate expressed in cents or	19677
dollars and cents, such as "36 cents" or "$1.41") for each $100 of	19678
tax valuation, to pay the annual debt charges on the bonds, and to	19679
pay debt charges on any notes issued in anticipation of those	19680
bonds?	19681

19682

		FOR THE INCOME TAX AND BOND ISSUE			19683
		AGAINST THE INCOME TAX AND BOND ISSUE	"		19684

19685

(E) If the question submitted to electors proposes a school	19686
district income tax only on the taxable income of individuals as	19687
defined in division (E)(1)(b) of section 5748.01 of the Revised	19688
Code, the form of the ballot shall be modified by stating that the	19689
tax is to be levied on the "earned income of individuals residing	19690
in the school district" in lieu of the "school district income of	19691
individuals and of estates."	19692

(F) The board of elections promptly shall certify the results	19693
of the election to the tax commissioner and the county auditor of	19694
the county in which the school district is located. If a majority	19695
of the electors voting on the question vote in favor of it, the	19696
income tax and the applicable provisions of Chapter 5747. of the	19697
Revised Code shall take effect on the date specified in the	19698
resolution, and the board of education may proceed with issuance	19699
of the bonds and with the levy and collection of the property	19700
taxes to pay debt charges on the bonds, at the additional rate or	19701
any lesser rate in excess of the ten-mill limitation. Any	19702
securities issued by the board of education under this section are	19703
Chapter 133. securities, as that term is defined in section 133.01	19704
of the Revised Code.	19705

(G) After approval of a question under this section, the	19706
board of education may anticipate a fraction of the proceeds of	19707
the school district income tax in accordance with section 5748.05	19708
of the Revised Code. Any anticipation notes under this division	19709
shall be issued as provided in section 133.24 of the Revised Code,	19710
shall have principal payments during each year after the year of	19711
their issuance over a period not to exceed five years, and may	19712
have a principal payment in the year of their issuance.	19713

(H) The question of repeal of a school district income tax	19714
levied for more than five years may be initiated and submitted in	19715
accordance with section 5748.04 of the Revised Code.	19716

(I) No board of education shall submit a question under this	19717
section to the electors of the school district more than twice in	19718
any calendar year. If a board submits the question twice in any	19719
calendar year, one of the elections on the question shall be held	19720
on the date of the general election.	19721

Sec. 6105.18. At any time after the third year following the	19722
creation of a watershed district a referendum may be held on the	19723
question of dissolution of the district. The question of	19724
dissolution of a watershed district may be presented to the	19725
electors within the territorial boundaries of the district, at any	19726
general election, by the filing of a petition, signed by at least	19727
two hundred qualified electors residing within the territorial	19728
boundaries of the district, with the board of elections of that	19729
county or part of a county with a population within the	19730
territorial boundaries of the district, according to the last	19731
federal decennial census, greater than that of any other county or	19732
part of a county within the territorial boundaries of the	19733
district.	19734

Such petition shall be filed with such board not later than	19735
four p.m. of the ~~seventy-fifth~~ninetieth day before the day of the	19736
general election at which such question is to be presented to the	19737
electors.	19738

Sec. 6105.20. The board of elections with which a petition	19739
has been filed under section 6105.18 of the Revised Code, after	19740
determining that the petition is in proper form and is signed by	19741
at least two hundred qualified electors residing within the	19742
territorial boundaries of the watershed district, shall, on or	19743
before the ~~seventy-fifth~~ninetieth day before the day of the	19744
election at which the question of dissolving the district is to be	19745
submitted to the electors, certify to the board of elections of	19746
each watershed county the question of whether or not the district	19747
shall be dissolved.	19748

The board of elections of each of such counties shall place	19749
such question on the questions and issues ballot, to be voted at	19750
such election by the electors of the county residing within the	19751
territorial boundaries of the district, by placing on such ballot	19752
the words "For continuing the existence of (name of the district	19753
to be here inserted)" and "Against continuing the existence of	19754
(name of the district to be here inserted)," with a square before	19755
each proposition and a direction to record the vote in the square	19756
before one or the other of said propositions as the voter favors	19757
or opposes the dissolution of the district.	19758

The vote on the question of the dissolution of the district	19759
shall be counted and canvassed in the same manner as the vote for	19760
candidates for district office are counted and canvassed.	19761

The board of elections with which the petition was originally	19762
filed shall certify the results of such election.	19763

If a majority of the electors voting upon the proposition	19764
vote against continuing the existence of the district, the	19765
district shall be dissolved as of the thirty-first day of December	19766
immediately thereafter.	19767

If a majority of the electors voting upon the proposition	19768
vote for continuing the existence of the district, no further	19769
referendum shall be held on the same proposition for a period of	19770
three years.	19771

Sec. 6119.31. The board of county commissioners at any time	19772
not less than ~~seventy-five~~ninety days before the general election	19773
in any year, by a vote of two-thirds of its members, may declare	19774
by resolution that the amount of taxes which may be raised within	19775
the ten-mill limitation will be insufficient to provide an	19776
adequate amount for the necessary requirements of the county, and	19777
that it is necessary to levy a tax in excess of such limitation	19778
for the purpose of paying the cost of the preparation of plans,	19779
specifications, surveys, soundings, drillings, maps, and other	19780
data needed or determined necessary in order to develop plans for	19781
the proper purification, filtration, and distribution of water or	19782
proper collection and treatment of sewage within the county or a	19783
part thereof, or beyond the limits of the county but within the	19784
same drainage area as is in part within the county.	19785

Such resolution shall be confined to a single purpose and	19786
shall specify the amount of increase in rate which it is necessary	19787
to levy, not to exceed three-tenths of a mill, the purpose	19788
thereof, the number of years during which such increase shall be	19789
in effect, not to exceed five years, which increase may or may not	19790
include a levy upon the duplicate of the current year.	19791

Such resolution shall go into effect upon its passage and no	19792
publication of it is necessary other than that provided for in the	19793
notice of election.	19794

Sec. 6119.32. A copy of the resolution provided for in	19795
section 6119.31 of the Revised Code shall be certified to the	19796
board of elections for the county not less than ~~seventy-five~~	19797
ninety days before the general election in any year and said board	19798
shall submit the proposal to the electors of the county at the	19799
succeeding November election in accordance with section 5705.25 of	19800
the Revised Code.	19801

If the per cent required for approval of a levy as set forth	19802
in section 5705.26 of the Revised Code vote in favor thereof, the	19803
board of county commissioners may levy a tax within the county at	19804
the additional rate outside the ten-mill limitation during the	19805
period and for the purpose stated in the resolution, or at any	19806
less rate or for any less number of years.	19807

Section 2. That existing sections 3.02, 133.06, 133.18,	19808
302.03, 302.09, 303.11, 303.12, 303.25, 305.02, 305.31, 306.32,	19809
306.321, 306.70, 306.71, 307.676, 307.677, 307.695, 307.697,	19810
307.791, 307.94, 307.95, 322.02, 322.021, 324.02, 324.021, 345.03,	19811
351.26, 503.02, 503.161, 503.24, 503.41, 504.01, 504.03, 505.13,	19812
505.14, 511.01, 511.22, 511.27, 511.28, 511.33, 511.34, 513.06,	19813
513.13, 513.18, 517.05, 519.11, 519.12, 519.25, 705.01, 707.21,	19814
709.29, 709.39, 709.45, 709.462, 709.48, 709.50, 715.69, 715.691,	19815
715.70, 715.71, 715.77, 718.01, 718.09, 718.10, 731.03, 731.28,	19816
731.29, 733.09, 733.261, 733.262, 733.31, 733.48, 749.021, 755.01,	19817
757.02, 759.25, 1515.28, 1545.21, 1545.36, 1711.30, 1901.07,	19818
1901.10, 1901.31, 1907.13, 2101.43, 2301.02, 3311.053, 3311.059,	19819
3311.21, 3311.213, 3311.22, 3311.231, 3311.25, 3311.26, 3311.37,	19820
3311.38, 3311.50, 3311.73, 3316.08, 3318.06, 3318.061, 3318.361,	19821
3354.12, 3355.02, 3355.09, 3357.02, 3357.11, 3375.19, 3375.201,	19822
3375.211, 3375.212, 3501.02, 3501.05, 3501.07, 3501.10, 3501.11,	19823
3501.22, 3501.301, 3501.35, 3501.39, 3501.90, 3503.14, 3503.15,	19824
3503.19, 3505.01, 3505.10, 3505.13, 3505.21, 3505.23, 3505.32,	19825
3506.02, 3506.21, 3509.01, 3509.03, 3509.04, 3509.05, 3509.06,	19826
3509.07, 3511.01, 3511.02, 3511.03, 3511.04, 3511.05, 3511.06,	19827
3511.08, 3511.09, 3511.10, 3511.11, 3511.12, 3511.13, 3513.01,	19828
3513.02, 3513.04, 3513.041, 3513.05, 3513.052, 3513.121, 3513.122,	19829
3513.151, 3513.19, 3513.191, 3513.20, 3513.251, 3513.253,	19830
3513.254, 3513.255, 3513.256, 3513.257, 3513.259, 3513.263,	19831
3513.30, 3513.31, 3513.311, 3513.312, 3515.09, 3519.08, 3519.16,	19832
3709.051, 3709.071, 3709.29, 3767.05, 3769.27, 4301.33, 4301.331,	19833
4301.332, 4301.333, 4301.334, 4301.356, 4301.421, 4301.424,	19834
4303.29, 4305.14, 4504.021, 4504.15, 4504.16, 4504.21, 4928.20,	19835
4929.26, 4931.51, 4931.52, 4931.53, 4951.44, 4955.05, 5705.19,	19836
5705.191, 5705.195, 5705.199, 5705.20, 5705.21, 5705.211,	19837
5705.212, 5705.213, 5705.217, 5705.218, 5705.219, 5705.2111,	19838
5705.22, 5705.221, 5705.222, 5705.23, 5705.24, 5705.25, 5705.251,	19839
5705.261, 5705.27, 5705.71, 5739.021, 5739.022, 5739.026,	19840
5743.021, 5743.024, 5743.026, 5748.02, 5748.04, 5748.08, 6105.18,	19841
6105.20, 6119.31, and 6119.32 and section 3509.022 of the Revised	19842
Code are hereby repealed.	19843

Section 3. The General Assembly, applying the principle	19844
stated in division (B) of section 1.52 of the Revised Code that	19845
amendments are to be harmonized if reasonably capable of	19846
simultaneous operation, finds that the following section,	19847
presented in this act as the composite of the sections as amended	19848
by the acts indicated, is the resulting version of the section in	19849
effect prior to the effective date of the section as presented in	19850
this act:	19851

Section 3509.05 of the Revised Code as amended by both Am.	19852
Sub. H.B. 350 and Am. Sub. H.B. 562 of the 127th General Assembly.	19853

Section 4. Section 1901.31 of the Revised Code is presented	19854
in this act as a composite of the section as amended by both Am.	19855
Sub. H.B. 420 of the 127th General Assembly and Am. Sub. H.B. 1 of	19856
the 128th General Assembly. Section 3357.02 of the Revised Code is	19857
presented in this act as a composite of the section as amended by	19858
both Am. Sub. H.B. 99 and Am. Sub. H.B. 117 of the 121st General	19859
Assembly. Section 4504.21 of the Revised Code is presented in this	19860
act as a composite of the section as amended by both H.B. 353 and	19861
S.B. 310 of the 121st General Assembly. The General Assembly,	19862
applying the principle stated in division (B) of section 1.52 of	19863
the Revised Code that amendments are to be harmonized if	19864
reasonably capable of simultaneous operation, finds that the	19865
composites are the resulting versions of the sections in effect	19866
prior to the effective date of the sections as presented in this	19867
act.	19868

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Bill Text: OH SB8 | 2009-2010 | 128th General Assembly | Engrossed

Ohio Senate Bill 8 (Prior Session Legislation)

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