SB 107

As Introduced
136th General Assembly
   Regular Session  S. B. No. 107
       2025-2026
  Senator Brenner
  Cosponsors: Senators Cirino, Lang, Wilkin, O'Brien
  A BILL
  To amend sections 3501.01, 3505.03, 3505.04,  1
  3513.254, 3513.255, 3513.256, and 3513.259 of  2
  the Revised Code to require state and school  3
  district board members to appear on the ballot  4
  with a party designation.  5
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 3501.01, 3505.03, 3505.04,  6
3513.254, 3513.255, 3513.256, and 3513.259 of the Revised Code  7
be amended to read as follows:  8
     Sec. 3501.01. As used in the sections of the Revised Code  9
relating to elections and political communications:  10
     (A) "General election" means the election held on the  11
first Tuesday after the first Monday in each November.  12
     (B) "Regular municipal election" means the election held  13
on the first Tuesday after the first Monday in November in each  14
odd-numbered year.  15
     (C) "Regular state election" means the election held on  16
the first Tuesday after the first Monday in November in each  17
S. B. No. 107  Page 2
As Introduced
even-numbered year.  18
        (D) "Special election" means any election other than those  19
elections defined in other divisions of this section. A special  20
election may be held only on the first Tuesday after the first  21
Monday in May or November, on the first Tuesday after the first  22
Monday in August in accordance with section 3501.022 of the  23
Revised Code, or on the day authorized by a particular municipal  24
or county charter for the holding of a primary election, except  25
that in any year in which a presidential primary election is  26
held, no special election shall be held in May, except as  27
authorized by a municipal or county charter, but may be held on  28
the third Tuesday after the first Monday in March.  29
        (E)(1) "Primary" or "primary election" means an election  30
held for the purpose of nominating persons as candidates of  31
political parties for election to offices, and for the purpose  32
of electing persons as members of the controlling committees of  33
political parties and as delegates and alternates to the  34
conventions of political parties. Primary elections shall be  35
held on the first Tuesday after the first Monday in May of each  36
year except in years in which a presidential primary election is  37
held.  38
        (2) "Presidential primary election" means a primary  39
election as defined by division (E)(1) of this section at which  40
an election is held for the purpose of choosing delegates and  41
alternates to the national conventions of the major political  42
parties pursuant to section 3513.12 of the Revised Code. Unless  43
otherwise specified, presidential primary elections are included  44
in references to primary elections. In years in which a  45
presidential primary election is held, all primary elections  46
shall be held on the third Tuesday after the first Monday in  47
S. B. No. 107  Page 3
As Introduced
March except as otherwise authorized by a municipal or county  48
charter.  49
       (F) "Political party" means any group of voters meeting  50
the requirements set forth in section 3517.01 of the Revised  51
Code for the formation and existence of a political party.  52
       (1) "Major political party" means any political party  53
organized under the laws of this state whose candidate for  54
governor or nominees for presidential electors received not less  55
than twenty per cent of the total vote cast for such office at  56
the most recent regular state election.  57
       (2) "Minor political party" means any political party  58
organized under the laws of this state that meets either of the  59
following requirements:  60
       (a) Except as otherwise provided in this division, the  61
political party's candidate for governor or nominees for  62
presidential electors received less than twenty per cent but not  63
less than three per cent of the total vote cast for such office  64
at the most recent regular state election. A political party  65
that meets the requirements of this division remains a political  66
party for a period of four years after meeting those  67
requirements.  68
       (b) The political party has filed with the secretary of  69
state, subsequent to its failure to meet the requirements of  70
division (F)(2)(a) of this section, a petition that meets the  71
requirements of section 3517.01 of the Revised Code.  72
       A newly formed political party shall be known as a minor  73
political party until the time of the first election for  74
governor or president which occurs not less than twelve months  75
subsequent to the formation of such party, after which election  76
S. B. No. 107  Page 4
As Introduced
the status of such party shall be determined by the vote for the  77
office of governor or president.  78
       (G) "Dominant party in a precinct" or "dominant political  79
party in a precinct" means that political party whose candidate  80
for election to the office of governor at the most recent  81
regular state election at which a governor was elected received  82
more votes than any other person received for election to that  83
office in such precinct at such election.  84
       (H) "Candidate" means any qualified person certified in  85
accordance with the provisions of the Revised Code for placement  86
on the official ballot of a primary, general, or special  87
election to be held in this state, or any qualified person who  88
claims to be a write-in candidate, or who knowingly assents to  89
being represented as a write-in candidate by another at either a  90
primary, general, or special election to be held in this state.  91
       (I) "Independent candidate" means any candidate who claims  92
not to be affiliated with a political party, and whose name has  93
been certified on the office-type ballot at a general or special  94
election through the filing of a statement of candidacy and  95
nominating petition, as prescribed in section 3513.257 of the  96
Revised Code.  97
       (J) "Nonpartisan candidate" means any candidate whose name  98
is required, pursuant to section 3505.04 of the Revised Code, to  99
be listed on the nonpartisan ballot, including all candidates  100
for judge of a municipal court, county court, or court of common  101
pleas, for member of any board of education, for municipal or  102
township offices in which primary elections are not held for  103
nominating candidates by political parties, and for offices of  104
municipal corporations having charters that provide for separate  105
ballots for elections for these offices.  106
S. B. No. 107  Page 5
As Introduced
       (K) "Party candidate" means any candidate who claims to be  107
a member of a political party and who has been certified to  108
appear on the office-type ballot at a general or special  109
election as the nominee of a political party because the  110
candidate has won the primary election of the candidate's party  111
for the public office the candidate seeks, has been nominated  112
under section 3517.012, or is selected by party committee in  113
accordance with section 3513.31 of the Revised Code.  114
       (L) "Officer of a political party" includes, but is not  115
limited to, any member, elected or appointed, of a controlling  116
committee, whether representing the territory of the state, a  117
district therein, a county, township, a city, a ward, a  118
precinct, or other territory, of a major or minor political  119
party.  120
       (M) "Question or issue" means any question or issue  121
certified in accordance with the Revised Code for placement on  122
an official ballot at a general or special election to be held  123
in this state.  124
       (N) "Elector" or "qualified elector" means a person having  125
the qualifications provided by law to be entitled to vote.  126
       (O) "Voter" means an elector who votes at an election.  127
       (P) "Voting residence" means that place of residence of an  128
elector which shall determine the precinct in which the elector  129
may vote.  130
       (Q) "Precinct" means a district within a county  131
established by the board of elections of such county within  132
which all qualified electors having a voting residence therein  133
may vote at the same polling place.  134
       (R) "Polling place" means that place provided for each  135
S. B. No. 107  Page 6
As Introduced
precinct at which the electors having a voting residence in such  136
precinct may vote.  137
       (S) "Board" or "board of elections" means the board of  138
elections appointed in a county pursuant to section 3501.06 of  139
the Revised Code.  140
       (T) "Political subdivision" means a county, township,  141
city, village, or school district.  142
       (U) "Election officer" or "election official" means any of  143
the following:  144
       (1) Secretary of state;  145
       (2) Employees of the secretary of state serving the  146
division of elections in the capacity of attorney,  147
administrative officer, administrative assistant, elections  148
administrator, office manager, or clerical supervisor;  149
       (3) Director of a board of elections;  150
       (4) Deputy director of a board of elections;  151
       (5) Member of a board of elections;  152
       (6) Employees of a board of elections;  153
       (7) Precinct election officials;  154
       (8) Employees appointed by the boards of elections on a  155
temporary or part-time basis.  156
       (V) "Acknowledgment notice" means a notice sent by a board  157
of elections, on a form prescribed by the secretary of state,  158
informing a voter registration applicant or an applicant who  159
wishes to change the applicant's residence or name of the status  160
of the application; the information necessary to complete or  161
update the application, if any; and if the application is  162
S. B. No. 107  Page 7
As Introduced
complete, the precinct in which the applicant is to vote.  163
       (W) "Confirmation notice" means a notice sent by a board  164
of elections, on a form prescribed by the secretary of state, to  165
a registered elector to confirm the registered elector's current  166
address.  167
       (X) "Designated agency" means an office or agency in the  168
state that provides public assistance or that provides state-  169
funded programs primarily engaged in providing services to  170
persons with disabilities and that is required by the National  171
Voter Registration Act of 1993 to implement a program designed  172
and administered by the secretary of state for registering  173
voters, or any other public or government office or agency that  174
implements a program designed and administered by the secretary  175
of state for registering voters, including the department of job  176
and family services, the program administered under section  177
3701.132 of the Revised Code by the department of health, the  178
department of mental health and addiction services, the  179
department of developmental disabilities, the opportunities for  180
Ohioans with disabilities agency, and any other agency the  181
secretary of state designates. "Designated agency" does not  182
include public high schools and vocational schools, public  183
libraries, or the office of a county treasurer.  184
       (Y) "National Voter Registration Act of 1993" means the  185
"National Voter Registration Act of 1993," 107 Stat. 77, 42  186
U.S.C.A. 1973gg.  187
       (Z) "Voting Rights Act of 1965" means the "Voting Rights  188
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.  189
       (AA)(1) "Photo identification" means one of the following  190
documents that includes the individual's name and photograph and  191
S. B. No. 107  Page 8
As Introduced
is not expired:  192
       (a) An Ohio driver's license, state identification card,  193
or interim identification form issued by the registrar of motor  194
vehicles or a deputy registrar under Chapter 4506. or 4507. of  195
the Revised Code;  196
       (b) A United States passport or passport card;  197
       (c) A United States military identification card, Ohio  198
national guard identification card, or United States department  199
of veterans affairs identification card.  200
       (2) A "copy" of an individual's photo identification means  201
images of both the front and back of a document described in  202
division (AA)(1) of this section, except that if the document is  203
a United States passport, a copy of the photo identification  204
means an image of the passport's identification page that  205
includes the individual's name, photograph, and other  206
identifying information and the passport's expiration date.  207
       (BB) "Driver's license" means a license or permit issued  208
by the registrar or a deputy registrar under Chapter 4506. or  209
4507. of the Revised Code that authorizes an individual to  210
drive. "Driver's license" includes a driver's license,  211
commercial driver's license, probationary license, restricted  212
license, motorcycle operator's license, or temporary instruction  213
permit identification card. "Driver's license" does not include  214
a limited term license issued under section 4507.09 of the  215
Revised Code.  216
       (CC) "State identification card" means a card issued by  217
the registrar or a deputy registrar under sections 4507.50 to  218
4507.52 of the Revised Code.  219
       (DD) "Interim identification form" means the document  220
S. B. No. 107  Page 9
As Introduced
issued by the registrar or a deputy registrar to an applicant  221
for a driver's license or state identification card that  222
contains all of the information otherwise found on the license  223
or card and that an applicant may use as a form of  224
identification until the physical license or card arrives in the  225
mail.  226
        Sec. 3505.03. (A) On the office type ballot shall be  227
printed the names of all candidates for election to offices,  228
except the office of judge of a municipal court, county court,  229
or court of common pleas, who were nominated at the most recent  230
primary election as candidates of a political party or who were  231
nominated in accordance with section 3513.02 of the Revised  232
Code, and the names of all candidates for election to offices  233
who were nominated by nominating petitions, except candidates  234
for the office of judge of a municipal court, county court, or  235
court of common pleas, for member of the state board of  236
education, for member of a board of education, for municipal  237
offices, and for township offices.  238
        (B) The face of the ballot below the stub shall be  239
substantially in the following form:  240
  "OFFICIAL OFFICE TYPE BALLOT  241
        (1) To vote for a candidate record your vote in the manner  242
provided next to the name of such candidate.  243
        (2) If you tear, soil, deface, or erroneously mark this  244
ballot, return it to the precinct election officers or, if you  245
cannot return it, notify the precinct election officers, and  246
obtain another ballot."  247
        (C) The order in which the offices shall be listed on the  248
ballot shall be prescribed by, and certified to each board of  249
S. B. No. 107  Page 10
As Introduced
elections by, the secretary of state; provided that for state,  250
district, and county offices the order from top to bottom shall  251
be as follows: governor and lieutenant governor, attorney  252
general, auditor of state, secretary of state, treasurer of  253
state, chief justice of the supreme court, justice of the  254
supreme court, United States senator, representative to  255
congress, state senator, state representative, judge of a court  256
of appeals, member of the state board of education, member of a  257
board of education, county commissioner, county auditor,  258
prosecuting attorney, clerk of the court of common pleas,  259
sheriff, county recorder, county treasurer, county engineer, and  260
coroner. The offices of governor and lieutenant governor shall  261
be printed on the ballot in a manner that requires a voter to  262
cast one vote jointly for the candidates who have been nominated  263
by the same political party or petition.  264
       (D) Within the rectangular space within which the title of  265
each judicial office listed in division (C) of this section is  266
printed on the ballot and immediately below the title shall be  267
printed the date of the commencement of the term of the office,  268
if it is a full term, as follows: "Full term commencing  269
_______(Date)_______," or the date of the end of the term of the  270
office, if it is an unexpired term, as follows: "Unexpired term  271
ending _______(Date)________"  272
       (E)(1) The names of all candidates for an office shall be  273
arranged in a group under the title of that office, and, except  274
for absentee ballots or when the number of candidates for a  275
particular office is the same as the number of candidates to be  276
elected for that office, shall be rotated from one precinct to  277
another. On absentee ballots, the names of all candidates for an  278
office shall be arranged in a group under the title of that  279
office and shall be so alternated that each name shall appear,  280
S. B. No. 107  Page 11
As Introduced
insofar as may be reasonably possible, substantially an equal  281
number of times at the beginning, at the end, and in each  282
intermediate place, if any, of the group in which such name  283
belongs, unless the number of candidates for a particular office  284
is the same as the number of candidates to be elected for that  285
office.  286
       (2) The secretary of state shall prescribe the information  287
and directions to the voter to be printed on the ballot within  288
the rectangular space in which the title of office of member of  289
the state board of education appears.  290
       (3) Within the rectangular space within which the title of  291
each office for member of a board of education is printed on the  292
ballot shall be printed "For Member of Board of Education," and  293
the number to be elected, directions to the voter as to voting  294
for one, two, or more, and, if the office to be voted for is  295
member of a board of education of a city school district, words  296
shall be printed in said space on the ballot to indicate whether  297
candidates are to be elected from subdistricts or at large.  298
       (4) The method of printing the ballots to meet the  299
rotation requirement of this section shall be as follows: the  300
least common multiple of the number of names in each of the  301
several groups of candidates shall be used, and the number of  302
changes made in the printer's forms in printing the ballots  303
shall correspond with that multiple. The board of elections  304
shall number all precincts in regular serial sequence. In the  305
first precinct, the names of the candidates in each group shall  306
be listed in alphabetical order. In each succeeding precinct,  307
the name in each group that is listed first in the preceding  308
precinct shall be listed last, and the name of each candidate  309
shall be moved up one place. In each precinct using paper  310
S. B. No. 107  Page 12
As Introduced
ballots, the printed ballots shall then be assembled in tablets.  311
       (F) Under the name of each candidate nominated at a  312
primary election, nominated by petition under section 3513.254,  313
3513.255, or 3513.259 of the Revised Code, nominated by petition  314
under section 3517.012 of the Revised Code, or certified by a  315
party committee to fill a vacancy under section 3513.31 of the  316
Revised Code shall be printed, in less prominent type face than  317
that in which the candidate's name is printed, the name of the  318
political party by which the candidate was nominated or  319
certified. Under the name of each candidate appearing on the  320
ballot who filed a nominating petition and requested a ballot  321
designation as a nonparty candidate under section 3513.257 of  322
the Revised Code shall be printed, in less prominent type face  323
than that in which the candidate's name is printed, the  324
designation of "nonparty candidate." Under the name of each  325
candidate appearing on the ballot who filed a nominating  326
petition and requested a ballot designation as an other-party  327
candidate under section 3513.257 of the Revised Code shall be  328
printed, in less prominent type face than that in which the  329
candidate's name is printed, the designation of "other-party  330
candidate." No designation shall appear under the name of a  331
candidate appearing on the ballot who filed a nominating  332
petition and requested that no ballot designation appear under  333
the candidate's name under section 3513.257 of the Revised Code,  334
or who filed a nominating petition and failed to request a  335
ballot designation either as a nonparty candidate or as an  336
other-party candidate under that section.  337
       (G) Except as provided in this section, no words,  338
designations, or emblems descriptive of a candidate or the  339
candidate's political affiliation, or indicative of the method  340
by which the candidate was nominated or certified, shall be  341
S. B. No. 107  Page 13
As Introduced
printed under or after a candidate's name that is printed on the  342
ballot.  343
       Sec. 3505.04. On the nonpartisan ballot shall be printed  344
the names of all nonpartisan candidates for election to the  345
office of judge of a municipal court, county court, or court of  346
common pleas, the office of member of the state board of  347
education, the office of member of a board of education,  348
municipal or township offices for municipal corporations and  349
townships in which primary elections are not held for nomination  350
of candidates by political parties, and municipal offices of  351
municipal corporations having charters which provide for  352
separate ballots for elections for such municipal offices.  353
       Such ballots shall have printed across the top, and below  354
the stubs, "Official Nonpartisan Ballot."  355
       The order in which the offices are listed on the ballot  356
shall be prescribed by, and certified to each board of elections  357
by, the secretary of state; provided that the office of member  358
of the state board of education shall be listed first on the  359
ballot, then county judicial offices shall be listed first on  360
the ballot, followed by municipal and township offices, and by  361
offices of member of a board of education, in the order stated.  362
       Within the rectangular space within which the title of  363
each judicial office is printed on the ballot and immediately  364
below such title shall be printed the date of the commencement  365
of the term of the office, if a full term, as follows: "Full  366
term commencing _______(Date)_______," or the date of the end of  367
the term of the office, if an unexpired term, as follows:  368
"Unexpired term ending _______(Date)________"  369
       The secretary of state shall prescribe the information and  370
S. B. No. 107  Page 14
As Introduced
directions to the voter to be printed on the ballot within the  371
rectangular space in which the title of office of member of the  372
state board of education appears.  373
       Within the rectangular space within which the title of  374
each office for member of a board of education is printed on the  375
ballot shall be printed "For Member of Board of Education," and  376
the number to be elected, directions to the voter as to voting  377
for one, two, or more, and, if the office to be voted for is  378
member of a board of education of a city school district, words  379
shall be printed in said space on the ballot to indicate whether  380
candidates are to be elected from subdistricts or at large.  381
       The names of all nonpartisan candidates for an office  382
shall be arranged in a group under the title of that office, and  383
shall be rotated and printed on the ballot as provided in  384
section 3505.03 of the Revised Code.  385
       No name or designation of any political party nor any  386
words, designations, or emblems descriptive of a candidate or  387
the candidate's political affiliation, or indicative of the  388
method by which such candidate was nominated or certified, shall  389
be printed under or after any nonpartisan candidate's name which  390
is printed on the ballot.  391
       Sec. 3513.254. (A) The name of each candidate for member  392
of a city, local, or exempted village board of education shall  393
appear on the nonpartisan office type ballot. Nominating  394
petitions of candidates for member of a board of education of a  395
local or exempted village school district shall be signed by  396
twenty-five qualified electors of the school district.  397
Nominating petitions for candidates for member of a board of  398
education of a city school district having a population of less  399
than twenty thousand, as ascertained by the next preceding  400
S. B. No. 107  Page 15
As Introduced
federal census, shall be signed by twenty-five qualified  401
electors of the school district. Nominating petitions for  402
candidates for member of a board of education of a city school  403
district having a population of twenty thousand or more but less  404
than fifty thousand, as ascertained by the next preceding  405
federal census, shall be signed by seventy-five qualified  406
electors of the school district. Nominating petitions for  407
candidates for member of a board of education of a city school  408
district having a population of fifty thousand or more but less  409
than one hundred thousand, as ascertained by the next preceding  410
federal census, shall be signed by one hundred fifty qualified  411
electors of the school district. Nominating petitions for  412
candidates for member of a board of education of a city school  413
district having a population of one hundred thousand or more, as  414
ascertained by the next preceding federal census, shall be  415
signed by three hundred qualified electors of the school  416
district.  417
       (B) A candidate who files a nominating petition shall  418
indicate on the nominating petition the political party  419
designation to appear on the ballot next to the candidate's  420
name. A candidate may request, at the time of filing, that the  421
candidate be designated on the ballot as a nonparty candidate or  422
as an other-party candidate, or may request that the candidate's  423
name be placed on the ballot without any designation. Any such  424
candidate who fails to request a designation either as a  425
nonparty candidate or as an other-party candidate shall have the  426
candidate's name placed on the ballot without any designation.  427
       (C) Nominating petitions shall be filed with the board of  428
elections not later than four p.m. of the ninetieth day before  429
the day of the general election, provided that no such petition  430
shall be accepted for filing if it appears to contain signatures  431
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As Introduced
aggregating in number more than three times the minimum number  432
of signatures required by this section. A board of elections  433
shall not accept for filing a nominating petition of a person if  434
that person, for the same election, has already filed a  435
declaration of candidacy, a declaration of intent to be a write-  436
in candidate, or a nominating petition, or has become a  437
candidate through party nomination at a primary election or by  438
the filling of a vacancy under section 3513.30 or 3513.31 of the  439
Revised Code for any other position as a member of a city,  440
local, or exempted village board of education or position as a  441
member of a governing board of an educational service center, or  442
for a municipal or township office. When a petition of a  443
candidate has been accepted for filing by a board of elections,  444
the petition shall not be deemed invalid if, upon verification  445
of signatures contained in the petition, the board of elections  446
finds the number of signatures accepted exceeds three times the  447
minimum number of signatures required. A board of elections may  448
discontinue verifying petitions when the number of verified  449
signatures equals the minimum required number of qualified  450
signatures.  451
       (C)(D) This section is subject to section 3513.256 of the  452
Revised Code.  453
       Sec. 3513.255. (A) This section is subject to section  454
3513.256 of the Revised Code. The name of each candidate for  455
election as a member of a governing board of an educational  456
service center shall appear on the nonpartisan office type  457
ballot. Each nominating petition shall be signed by fifty  458
qualified electors who reside in one of the following, as  459
applicable:  460
       (A)(1) The school districts over which the educational  461
S. B. No. 107  Page 17
As Introduced
service center governing board has jurisdiction, in the case of  462
any candidate running for a position on any educational service  463
center governing board other than a governing board established  464
in accordance with section 3311.054 of the Revised Code;  465
       (B)(2) The subdistrict in which the candidate is running,  466
in the case of a position on a governing board of an educational  467
service center established in accordance with section 3311.054  468
of the Revised Code.  469
       (B) Each nominating petition shall be filed with the board  470
of elections of the county in which the central administrative  471
offices of the educational service center governing board are  472
located not later than four p.m. of the ninetieth day before the  473
day of the general election, provided that no such petition  474
shall be accepted for filing if it appears to contain signatures  475
aggregating in number more than three times the minimum number  476
of signatures required by this section.  477
       (C) A board of elections shall not accept for filing a  478
nominating petition of a person if that person, for the same  479
election, has already filed a declaration of candidacy, a  480
declaration of intent to be a write-in candidate, or a  481
nominating petition, or has become a candidate through party  482
nomination at a primary election or by the filling of a vacancy  483
under section 3513.30 or 3513.31 of the Revised Code for any  484
other position as a member of a governing board of an  485
educational service center or position as a member of a city,  486
local, or exempted village board of education, or for a  487
municipal or township office.  488
       (D) A candidate who files a nominating petition shall  489
indicate on the nominating petition the political party  490
designation to appear on the ballot next to the candidate's  491
S. B. No. 107  Page 18
As Introduced
name. A candidate may request, at the time of filing, that the  492
candidate be designated on the ballot as a nonparty candidate or  493
as an other-party candidate, or may request that the candidate's  494
name be placed on the ballot without any designation. Any such  495
candidate who fails to request a designation either as a  496
nonparty candidate or as an other-party candidate shall have the  497
candidate's name placed on the ballot without any designation.  498
       (E) When a petition of a candidate has been accepted for  499
filing by a board of elections, the petition shall not be deemed  500
invalid if, upon verification of signatures contained in the  501
petition, the board of elections finds the number of signatures  502
accepted exceeds three times the minimum signatures required. A  503
board of elections may discontinue verifying petitions when the  504
number of verified signatures equals the minimum required number  505
of qualified signatures.  506
       Sec. 3513.256. (A) Notwithstanding any provision of the  507
Revised Code to the contrary, for the purpose of nominating  508
candidates for a position as a member of the board of education  509
of a city, local, or exempted village school district or a  510
position as a member of a governing board of an educational  511
service center, the board may adopt, by resolution upon a three-  512
fifths majority vote of its total membership, procedures for a  513
nonpartisan primary election. Such procedures shall specify the  514
following:  515
       (1) That the primary election for nominating candidates  516
for a position as a member of that board shall be held on the  517
same day as the primary election for nominating all other  518
candidates for public office in that year;  519
       (2) That nominating petitions shall be filed with the  520
board of elections not later than four p.m. of the ninetieth day  521
S. B. No. 107  Page 19
As Introduced
before the day of the primary election;  522
       (3) That the primary election shall take place only if the  523
number of candidates for nomination for a position on that  524
board, as verified by the board of elections, is at least one  525
more than two times the number of available positions on that  526
board at the general election;  527
       (4) That the number of candidates advancing from the  528
primary election to the general election shall equal two times  529
the number of available positions on that board at the general  530
election;  531
       (5) That the nominating petition shall indicate the  532
political party designation to appear on the ballot next to the  533
candidate's name at the general election. A candidate may  534
request, at the time of filing, that the candidate be designated  535
on the ballot at the general election as a nonparty candidate or  536
as an other-party candidate, or may request that the candidate's  537
name be placed on the ballot at the general election without any  538
designation. Any such candidate who fails to request a  539
designation either as a nonparty candidate or as an other-party  540
candidate shall have the candidate's name placed on the ballot  541
at the general election without any designation.  542
       The board shall notify the board of elections upon  543
adoption of a resolution under this division. No such resolution  544
shall apply for a particular election unless the resolution is  545
adopted at least one hundred twenty days prior to the deadline  546
specified in the resolution to become a candidate for nomination  547
at that election. Subject to division (B) of this section, the  548
resolution shall apply to all subsequent nominations for a  549
position as a member of that board.  550
S. B. No. 107  Page 20
As Introduced
       (B) Not earlier than five years after the adoption of a  551
resolution under division (A) of this section, the board of  552
education of a city, local, or exempted village school district  553
or the governing board of an educational service center may  554
rescind that resolution by subsequent resolution upon a three-  555
fifths majority vote of its total membership.  556
       The board shall notify the board of elections of any  557
resolution adopted under this division. No such resolution shall  558
apply to a particular election unless the resolution is adopted  559
at least one hundred twenty days prior to the deadline to become  560
a candidate for nomination at that election under the nomination  561
procedures the resolution is rescinding. Subject to division (D)  562
of this section, the requirements of Chapter 3513. of the  563
Revised Code shall apply to all subsequent nominations for a  564
position as a member of that board.  565
       (C) Any candidate nominated pursuant to a resolution  566
adopted under division (A) of this section shall appear on the  567
nonpartisan office type ballot at the general election as  568
prescribed in sections 3505.04, 3513.254, and 3513.255 of the  569
Revised Code.  570
       (D) Nothing in this section prohibits or shall be  571
construed to prohibit the board of education of a city, local,  572
or exempted village school district or the governing board of an  573
educational service center that has rescinded a resolution under  574
division (B) of this section from subsequently adopting the same  575
or different procedures for a nonpartisan primary election by  576
adopting a resolution under division (A) of this section.  577
       Sec. 3513.259. Nominations of candidates for the office of  578
member of the state board of education shall be made only by  579
nominating petition. The nominating petition of a candidate for  580
S. B. No. 107  Page 21
As Introduced
the office of member of the state board of education shall be  581
signed by not less than one hundred qualified electors.  582
       No such nominating petition shall be accepted for filing  583
if it appears on its face to contain signatures aggregating in  584
number more than three times the minimum number of signatures  585
required by this section. A board of elections shall not accept  586
for filing a nominating petition of a person if that person, for  587
the same election, has already filed a declaration of candidacy,  588
a declaration of intent to be a write-in candidate, or a  589
nominating petition, or has become a candidate through party  590
nomination at a primary election or by the filling of a vacancy  591
under section 3513.30 or 3513.31 of the Revised Code, to be a  592
candidate for any other state office or any federal or county  593
office. When a petition of a candidate has been accepted for  594
filing by a board of elections, the petition shall not be deemed  595
invalid if, upon verification of signatures contained in the  596
petition, the board of elections finds the number of signatures  597
accepted exceeds three times the minimum number of signatures  598
required. A board of elections may discontinue verifying  599
signatures when the number of verified signatures equals the  600
minimum required number of signatures. Such petition shall be  601
filed with the board of elections of the most populous county in  602
such district not later than four p.m. of the ninetieth day  603
before the day of the general election at which state board of  604
education members are elected.  605
       Each nominating petition shall be signed by qualified  606
electors residing in the district in which the candidate  607
designated therein would be a candidate for election to the  608
office of member of the state board of education. Each candidate  609
shall be a qualified elector residing in the district in which  610
the candidate seeks election to such office.  611
S. B. No. 107  Page 22
As Introduced
       A candidate who files a nominating petition shall indicate  612
on the nominating petition the political party designation to  613
appear on the ballot next to the candidate's name. A candidate  614
may request, at the time of filing, that the candidate be  615
designated on the ballot as a nonparty candidate or as an other-  616
party candidate, or may request that the candidate's name be  617
placed on the ballot without any designation. Any such candidate  618
who fails to request a designation either as a nonparty  619
candidate or as an other-party candidate shall have the  620
candidate's name placed on the ballot without any designation.  621
       As the word "district" is used in this section, it refers  622
to a district created under section 3301.01 of the Revised Code.  623
       Section 2. That existing sections 3501.01, 3505.03,  624
3505.04, 3513.254, 3513.255, 3513.256, and 3513.259 of the  625
Revised Code are hereby repealed.  626