Important Changes to Ohio Election Procedures
Ohio House Bill 48, passed by the Senate and the House on March 24, 2010, makes important changes to the timing of the election process in Ohio. Effective July 2, 2010, any question or issue to be placed on a ballot must be certified to the board of elections no later than 4:00 p.m. on the 90th day before the election.[1] Previously, the time to certify such issues or questions to be placed on the ballot was 75 days prior to the election. If you miss the new 90-day deadline, you will be forced to wait for the next appropriate election cycle before resubmitting.
The new 90-day requirement applies broadly to "any question or issue…to be voted upon at an election."[2] Examples of such questions or issues include: zoning referenda, zoning changes, tax levy requests, and bond issues. The 90-day deadline also applies to nominating petitions of candidates for election as officers of a township;[3] membership on a city, local, or exempted village board of education;[4] and membership on the state board of education.[5] Nominating petitions will now remain open for public inspection until the 80th day before the election, and each board of elections shall determine the sufficiency of the signatures on the nominating petition before the 74th day before the election.[6]
This change particularly adversely affects proposed amendments to the township zoning resolution. Even after a board of township trustees goes through the appropriate statutory process to adopt a proposed amendment, the effective date of that amendment may be delayed if a valid petition is received requesting that the proposed amendment be submitted for referendum.[7] For the amendment to appear on the next proper election ballot, however, the board of township trustees must now certify the petition to the board of elections no later than 90 days before the election itself. Since amendments to zoning resolutions may only be considered on primary or general election ballots, failure to certify the petition in time will force the board of township trustees to wait another six months, until the next general or primary election, before the proposed amendment to the zoning resolution can be passed.[8]
Other related deadlines in the election process have also been affected by this change, so be sure to contact Scott Phillips or Don Crain to ensure that you certify any future issues to the board of elections in a timely manner.
[1] R.C. 3501.02(F)(1) & (2) (2010).
[2] Id.
[3] R.C. 3513.253.
[4] R.C. 3513.254(B).
[5] R.C. 3513.259
[6] R.C. 3513.263.
[7] R.C. 519.12.
[8] R.C. 519.12(H).
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