Text of OH HB 467 (2024)
Creates an exemption to candidate disclosure of name change
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As introduced
35,771 characters
As Introduced
135th General Assembly
Regular Session
H. B. No. 467
2023-2024
Representatives Piccolantonio, Grim
Cosponsors: Representatives Brennan, Brent, Brewer, Dell'Aquila, Isaacsohn,
Liston, Miller, J., Miranda, Russo, Skindell, Somani, Sweeney, Upchurch,
Weinstein
A B I L L
To amend sections 3501.05, 3513.06, 3513.07,
3513.261, and 3513.271 of the Revised Code to
create an exemption to the requirement that
candidates must provide all names used in the
past five years.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.05, 3513.06, 3513.07,
3513.261, and 3513.271 of the Revised Code be amended to read as
follows:
Sec. 3501.05. The secretary of state shall do all of the
following:
(A) Appoint all members of boards of elections;
(B) Issue instructions by directives and advisories in
accordance with section 3501.053 of the Revised Code to members
of the boards as to the proper methods of conducting elections.
(C) Prepare rules and instructions for the conduct of
elections;
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(D) Publish and furnish to the boards from time to time a
sufficient number of indexed copies of all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws
or amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards, blanks, and
records;
(G)(G)(1) Determine and prescribe the forms of ballots and
the forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and forms and blanks required
by law for use by candidates, committees, and boards;
(2) Publish any changes to section 3513.06 or 3513.271 of
the Revised Code on a web site of the office of the secretary of
state as soon as is practicable.
(H) Prepare the ballot title or statement to be placed on
the ballot for any proposed law or amendment to the constitution
to be submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the
Revised Code, certify to the several boards the forms of ballots
and names of candidates for state offices, and the form and
wording of state referendum questions and issues, as they shall
appear on the ballot;
(J) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, give final approval to
ballot language for any local question or issue approved and
transmitted by boards of elections under section 3501.11 of the
Revised Code;
(K) Receive all initiative and referendum petitions on
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state questions and issues and determine and certify to the
sufficiency of those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state considers
necessary;
(M) Compel the observance by election officers in the
several counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section, investigate the administration of election laws,
frauds, and irregularities in elections in any county, and
report violations of election laws to the attorney general or
prosecuting attorney, or both, for prosecution;
(2) On and after August 24, 1995, report a failure to
comply with or a violation of a provision in sections 3517.08 to
3517.13, 3517.20 to 3517.22, 3599.03, or 3599.031 of the Revised
Code, whenever the secretary of state has or should have
knowledge of a failure to comply with or a violation of a
provision in one of those sections, by filing a complaint with
the Ohio elections commission under section 3517.153 of the
Revised Code.
(O) Make an annual report to the governor containing the
results of elections, the cost of elections in the various
counties, a tabulation of the votes in the several political
subdivisions, and other information and recommendations relative
to elections the secretary of state considers desirable;
(P) Prescribe and distribute to boards of elections a list
of instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32
to 4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
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(Q) Adopt rules pursuant to Chapter 119. of the Revised
Code for the removal by boards of elections of ineligible voters
from the statewide voter registration database and, if
applicable, from the poll list or signature pollbook used in
each precinct, which rules shall provide for all of the
following:
(1) A process for the removal of voters who have changed
residence, which shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 and the National
Voter Registration Act of 1993, including a program that uses
the national change of address service provided by the United
States postal system through its licensees;
(2) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a
voter who is ineligible to vote from the statewide voter
registration database and, if applicable, from the poll list or
signature pollbook used in each precinct and noting the reason
for that mark or removal.
(R) Prescribe a general program for registering voters or
updating voter registration information, such as name and
residence changes, by boards of elections, designated agencies,
offices of deputy registrars of motor vehicles, public high
schools and vocational schools, public libraries, and offices of
county treasurers consistent with the requirements of section
3503.09 of the Revised Code;
(S) Prescribe a program of distribution of voter
registration forms through boards of elections, designated
agencies, offices of the registrar and deputy registrars of
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motor vehicles, public high schools and vocational schools,
public libraries, and offices of county treasurers;
(T) To the extent feasible, provide copies, at no cost and
upon request, of the voter registration form in post offices in
this state;
(U) Adopt rules pursuant to section 111.15 of the Revised
Code for the purpose of implementing the program for registering
voters through boards of elections, designated agencies, and the
offices of the registrar and deputy registrars of motor vehicles
consistent with this chapter;
(V) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the secretary
of state to do all of the following:
(1) Assist the secretary of state with ensuring that there
is equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each
voter may cast the voter's ballot in a manner that provides the
same opportunity for access and participation, including privacy
and independence, as for other voters;
(3) Advise the secretary of state in the development of
standards for the certification of voting machines, marking
devices, and automatic tabulating equipment.
(W) Establish and maintain a computerized statewide
database of all legally registered voters under section 3503.15
of the Revised Code that complies with the requirements of the
"Help America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat.
1666, and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other
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instructions, or decisions issued or made during or as a result
of any conference or teleconference call with a board of
elections to discuss the proper methods and procedures for
conducting elections, to answer questions regarding elections,
or to discuss the interpretation of directives, advisories, or
other instructions issued by the secretary of state are posted
on a web site of the office of the secretary of state as soon as
is practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes
place.
(Y) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's ballots cast and the number of those ballots that were
counted, and the number of provisional ballots cast and the
number of those ballots that were counted, for that election.
The secretary of state shall maintain the information on the web
site in an archive format for each subsequent election.
(Z) Conduct voter education outlining voter
identification, absent voters ballot, provisional ballot, and
other voting requirements;
(AA) Establish a procedure by which a registered elector
may make available to a board of elections a more recent
signature to be used in the poll list or signature pollbook
produced by the board of elections of the county in which the
elector resides;
(BB) Disseminate information, which may include all or
part of the official explanations and arguments, by means of
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direct mail or other written publication, broadcast, or other
means or combination of means, as directed by the Ohio ballot
board under division (F) of section 3505.062 of the Revised
Code, in order to inform the voters as fully as possible
concerning each proposed constitutional amendment, proposed law,
or referendum;
(CC) Be the single state office responsible for the
implementation of the "Uniformed and Overseas Citizens Absentee
Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.
1973ff, et seq., as amended, in this state. The secretary of
state may delegate to the boards of elections responsibilities
for the implementation of that act, including responsibilities
arising from amendments to that act made by the "Military and
Overseas Voter Empowerment Act," Subtitle H of the "National
Defense Authorization Act for Fiscal Year 2010," Pub. L. No.
111-84, 123 Stat. 3190.
(DD) Adopt rules, under Chapter 119. of the Revised Code,
to establish procedures and standards for determining when a
board of elections shall be placed under the official oversight
of the secretary of state, placing a board of elections under
the official oversight of the secretary of state, a board that
is under official oversight to transition out of official
oversight, and the secretary of state to supervise a board of
elections that is under official oversight of the secretary of
state.
(EE) Perform other duties required by law.
Whenever a primary election is held under section 3513.32
of the Revised Code or a special election is held under section
3521.03 of the Revised Code to fill a vacancy in the office of
representative to congress, the secretary of state shall
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establish a deadline, notwithstanding any other deadline
required under the Revised Code, by which any or all of the
following shall occur: the filing of a declaration of candidacy
and petitions or a statement of candidacy and nominating
petition together with the applicable filing fee; the filing of
protests against the candidacy of any person filing a
declaration of candidacy or nominating petition; the filing of a
declaration of intent to be a write-in candidate; the filing of
campaign finance reports; the preparation of, and the making of
corrections or challenges to, precinct voter registration lists;
the receipt of applications for absent voter's ballots or
uniformed services or overseas absent voter's ballots; the
supplying of election materials to precincts by boards of
elections; the holding of hearings by boards of elections to
consider challenges to the right of a person to appear on a
voter registration list; and the scheduling of programs to
instruct or reinstruct election officers.
In the performance of the secretary of state's duties as
the chief election officer, the secretary of state may
administer oaths, issue subpoenas, summon witnesses, compel the
production of books, papers, records, and other evidence, and
fix the time and place for hearing any matters relating to the
administration and enforcement of the election laws.
In any controversy involving or arising out of the
adoption of registration or the appropriation of funds for
registration, the secretary of state may, through the attorney
general, bring an action in the name of the state in the court
of common pleas of the county where the cause of action arose or
in an adjoining county, to adjudicate the question.
In any action involving the laws in Title XXXV of the
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Revised Code wherein the interpretation of those laws is in
issue in such a manner that the result of the action will affect
the lawful duties of the secretary of state or of any board of
elections, the secretary of state may, on the secretary of
state's motion, be made a party.
The secretary of state may apply to any court that is
hearing a case in which the secretary of state is a party, for a
change of venue as a substantive right, and the change of venue
shall be allowed, and the case removed to the court of common
pleas of an adjoining county named in the application or, if
there are cases pending in more than one jurisdiction that
involve the same or similar issues, the court of common pleas of
Franklin county.
Public high schools and vocational schools, public
libraries, and the office of a county treasurer shall implement
voter registration programs as directed by the secretary of
state pursuant to this section.
Sec. 3513.06. If (A) Except as otherwise provided in
division (B) of this section, if any person desiring to become a
candidate for public office has had a change of name within five
years immediately preceding the filing of the person's
declaration of candidacy, the person's declaration of candidacy
and petition shall both contain, immediately following the
person's present name, the person's former names. Any person who
has been elected under the person's changed name, without
submission of the person's former name, shall be immediately
suspended from the office and the office declared vacated, and
shall be liable to the state for any salary hethe person has
received while holding such office. The attorney general in the
case of candidates for state offices, the prosecuting attorney
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of the most populous county in a district in the case of
candidates for district offices, and the prosecuting attorney of
the county in the case of all other candidates shall institute
necessary action to enforce this section.
(B) This section does not apply to a any of the following:
(1) A change of name by reason of marriage; to a
(2) A change of name that was ordered by any court in this
state;
(3) A candidate for a state office who has once complied
with this section and who has previously been elected to a state
office; to a candidate for a district office who has once
complied with this section and who has previously been elected
to a state or district office; to a candidate for a county
office who has once complied with this section and has
previously been elected to a state, district, or county office;
to a candidate for a municipal office who has once complied with
this section and has previously been elected to a municipal
office; or to a candidate for a township office who has once
complied with this section and has previously been elected to a
township office; provided that such previous election was one at
which histhe candidate's candidacy complied with this section.
Sec. 3513.07. The form of declaration of candidacy and
petition of a person desiring to be a candidate for a party
nomination or a candidate for election to an office or position
to be voted for at a primary election shall be substantially as
follows:
"DECLARATION OF CANDIDACY PARTY PRIMARY ELECTION
I, ___________________________ (Name of Candidate and any
previous names used by Candidate in the last five years as
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required under R.C. 3513.06 or 3513.271), the undersigned,
hereby declare under penalty of election falsification that my
voting residence is in _______________ precinct of the
_____________________________ (Township) or (Ward and City or
Village) in the county of ________________, Ohio; that my voting
residence is _______________ (Street and Number, if any, or
Rural Route and Number) of the _____________________________
(City or Village) of _________________, Ohio; and that I am a
qualified elector in the precinct in which my voting residence
is located. I am a member of the ________ Party. I hereby
declare that I desire to be ____________________ (a candidate
for nomination as a candidate of the Party for election to the
office of _____________) (a candidate for election to the office
or position of ______________) for the ____________ in the
state, district, (Full term or unexpired term ending
_______________) county, city, or village of
___________________, at the primary election to be held on the
_____________ day of _________, ____, and I hereby request that
my name be printed upon the official primary election ballot of
the said __________ Party as a candidate for _________ (such
nomination) or (such election) as provided by law.
I further declare that, if elected to said office or
position, I will qualify therefor, and that I will support and
abide by the principles enunciated by the ____________ Party.
Dated this __________ day of _________________, _________
__________________________________
(Signature of candidate)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE.
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PETITION OF CANDIDATE
We, the undersigned, qualified electors of the state of
Ohio, whose voting residence is in the county, city, village,
ward, township, or school district, and precinct set opposite
our names, and members of the
_______________________________________ Party, hereby certify
that ____________________________ (Name of candidate) whose
declaration of candidacy is filed herewith, is a member of the
____________ Party, and is, in our opinion, well qualified to
perform the duties of the office or position to which that
candidate desires to be elected.
Street City,
and Village or
Signature Number Township Ward Precinct County Date
(Must use address on file with the board of elections)
________________________________________________________________
________________________________________________________________
________________________________________________________________
- _______________________________________ (Name of circulator
of petition), declares under penalty of election falsification
that the circulator of the petition is a qualified elector of
the state of Ohio and resides at the address appearing below the
signature of that circulator; that the circulator is a member of
the ___________ Party; that the circulator is the circulator of
the foregoing petition paper containing _____________ (Number)
signatures; that the circulator witnessed the affixing of every
signature; that all signers were to the best of the circulator's
knowledge and belief qualified to sign; and that every signature
is to the best of the circulator's knowledge and belief the
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signature of the person whose signature it purports to be or of
an attorney in fact acting pursuant to section 3501.382 of the
Revised Code.
_____________________________
(Signature of circulator)
____________________________
(Address of circulator's
permanent residence in this
state)
_________________________
(If petition is for a
statewide candidate, the
name and address of person
employing to circulate
petition, if any)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
The secretary of state shall prescribe a form of
declaration of candidacy and petition, and the form shall be
substantially similar to the declaration of candidacy and
petition set forth in this section, that will be suitable for
joint candidates for the offices of governor and lieutenant
governor.
The petition provided for in this section shall be
circulated only by a member of the same political party as the
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candidate.
Sec. 3513.261. A nominating petition may consist of one or
more separate petition papers, each of which shall be
substantially in the form prescribed in this section. If the
petition consists of more than one separate petition paper, the
statement of candidacy of the candidate or joint candidates
named need be signed by the candidate or joint candidates on
only one of such separate petition papers, but the statement of
candidacy so signed shall be copied on each other separate
petition paper before the signatures of electors are placed on
it. Each nominating petition containing signatures of electors
of more than one county shall consist of separate petition
papers each of which shall contain signatures of electors of
only one county; provided that petitions containing signatures
of electors of more than one county shall not thereby be
declared invalid. In case petitions containing signatures of
electors of more than one county are filed, the board of
elections shall determine the county from which the majority of
the signatures came, and only signatures from this county shall
be counted. Signatures from any other county shall be invalid.
All signatures on nominating petitions shall be written in
ink or indelible pencil.
At the time of filing a nominating petition, the candidate
designated in the nominating petition, and joint candidates for
governor and lieutenant governor, shall pay to the election
officials with whom it is filed the fees specified for the
office under divisions (A) and (B) of section 3513.10 of the
Revised Code. The fees shall be disposed of by those election
officials in the manner that is provided in section 3513.10 of
the Revised Code for the disposition of other fees, and in no
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case shall a fee required under that section be returned to a
candidate.
Candidates or joint candidates whose names are written on
the ballot, and who are elected, shall pay the same fees under
section 3513.10 of the Revised Code that candidates who file
nominating petitions pay. Payment of these fees shall be a
condition precedent to the granting of their certificates of
election.
Each nominating petition shall contain a statement of
candidacy that shall be signed by the candidate or joint
candidates named in it or by an attorney in fact acting pursuant
to section 3501.382 of the Revised Code. Such statement of
candidacy shall contain a declaration made under penalty of
election falsification that the candidate desires to be a
candidate for the office named in it, and that the candidate is
an elector qualified to vote for the office the candidate seeks.
The form of the nominating petition and statement of
candidacy shall be substantially as follows:
"STATEMENT OF CANDIDACY
I, ___________________________________ (Name of candidate
and any previous names used by candidate in the last five years
as required under R.C. 3513.06 or 3513.271), the undersigned,
hereby declare under penalty of election falsification that my
voting residence is in ________________ __________ Precinct of
the _________________________ (Township) or (Ward and City, or
Village) in the county of _______________ Ohio; that my post-
office address is ____________________________ (Street and
Number, if any, or Rural Route and Number) of the
_______________________________ (City, Village, or post office)
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of ____________________, Ohio; and that I am a qualified elector
in the precinct in which my voting residence is located. I
hereby declare that I desire to be a candidate for election to
the office of ______________ in the ________________________
(State, District, County, City, Village, Township, or School
District) for the ______________________________________ (Full
term or unexpired term ending ________________) at the General
Election to be held on the ___________ day of ___________, ____
I further declare that I am an elector qualified to vote
for the office I seek. Dated this _______ day of ______________,
____
___________________________
(Signature of candidate)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE.
I, _________________________________, hereby constitute
the persons named below a committee to represent me:
Name Residence
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
________________________________________________________________
NOMINATING PETITION
We, the undersigned, qualified electors of the state of
Ohio, whose voting residence is in the County, City, Village,
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Ward, Township or Precinct set opposite our names, hereby
nominate ____________________ as a candidate for election to the
office of ___________________________ in the
____________________________ (State, District, County, City,
Village, Township, or School District) for the _________________
(Full term or unexpired term ending ___________________) to be
voted for at the general election next hereafter to be held, and
certify that this person is, in our opinion, well qualified to
perform the duties of the office or position to which the person
desires to be elected.
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A
Street
B
Address
C
or R.F.D.
D
(Must use
E
address on
City,
F
file with
Village
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the board of
or
Date of
H
Signature
elections)
Township Ward
Precinct
County
Signing
____________________________________________________________
____________________________________________________________
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____________________________________________________________
___________________________, declares under penalty of election
falsification that such person is a qualified elector of the
state of Ohio and resides at the address appearing below such
person's signature hereto; that such person is the circulator of
the foregoing petition paper containing ________________
signatures; that such person witnessed the affixing of every
signature; that all signers were to the best of such person's
knowledge and belief qualified to sign; and that every signature
is to the best of such person's knowledge and belief the
signature of the person whose signature it purports to be or of
an attorney in fact acting pursuant to section 3501.382 of the
Revised Code.
___________________________
(Signature of circulator)
___________________________
(Address of circulator's
permanent residence
in this state)
___________________________
(If petition is for a statewide
candidate, the name and address
of person employing circulator
to circulate petition, if any)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
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H. B. No. 467
Page 19
As Introduced
The secretary of state shall prescribe a form of
nominating petition for a group of candidates for the office of
member of a board of education, township office, and offices of
municipal corporations of under two thousand population.
The secretary of state shall prescribe a form of statement
of candidacy and nominating petition, which shall be
substantially similar to the form of statement of candidacy and
nominating petition set forth in this section, that will be
suitable for joint candidates for the offices of governor and
lieutenant governor.
If such petition nominates a candidate whose election is
to be determined by the electors of a county or a district or
subdivision within the county, it shall be filed with the board
of such county. If the petition nominates a candidate whose
election is to be determined by the voters of a subdivision
located in more than one county, it shall be filed with the
board of the county in which the major portion of the population
of such subdivision is located.
If the petition nominates a candidate whose election is to
be determined by the electors of a district comprised of more
than one county but less than all of the counties of the state,
it shall be filed with the board of elections of the most
populous county in such district. If the petition nominates a
candidate whose election is to be determined by the electors of
the state at large, it shall be filed with the secretary of
state.
The secretary of state or a board of elections shall not
accept for filing a nominating petition of a person seeking to
become a candidate if that person, for the same election, has
already filed a declaration of candidacy, a declaration of
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H. B. No. 467
Page 20
As Introduced
intent to be a write-in candidate, or a nominating petition, or
has become a candidate through party nomination at a primary
election or by the filling of a vacancy under section 3513.30 or
3513.31 of the Revised Code for any federal, state, or county
office, if the nominating petition is for a state or county
office, or for any municipal or township office, for member of a
city, local, or exempted village board of education, or for
member of a governing board of an educational service center, if
the nominating petition is for a municipal or township office,
or for member of a city, local, or exempted village board of
education, or for member of a governing board of an educational
service center.
Sec. 3513.271. If (A) Except as otherwise provided in
division (B) of this section, if any person desiring to become a
candidate for public office has had a change of name within five
years immediately preceding the filing of histhe person's
statement of candidacy, both histhe person's statement of
candidacy and nominating petition must contain, immediately
following the person's present name, the person's former names.
Any person who has been elected under the person's changed name,
without submission of the person's former name, shall be
immediately suspended from the office and the office declared
vacated, and shall be liable to the state for any salary the
person has received while holding such office. The attorney
general in the case of candidates for state offices, the
prosecuting attorney of the most populous county in a district
in the case of candidates for district offices, and the
prosecuting attorney of the county in the case of all other
candidates shall institute necessary action to enforce this
section.
(B) This section does not apply to a any of the following:
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H. B. No. 467
Page 21
As Introduced
(1) A change of name by reason of marriage; to a
(2) A change of name that was ordered by any court in this
state;
(3) A candidate for a state office who has once complied
with this section and who has previously been elected to a state
office; to a candidate for a district office who has once
complied with this section and who has previously been elected
to a state or district office; to a candidate for a county
office who has once complied with this section and has
previously been elected to a state, district, or county office;
to a candidate for a municipal office who has once complied with
this section and has previously been elected to a municipal
office; or to a candidate for a township office who has once
complied with this section and has previously been elected to a
township office; provided that such previous election was one at
which histhe person's candidacy complied with this section.
Section 2. That existing sections 3501.05, 3513.06,
3513.07, 3513.261, and 3513.271 of the Revised Code are hereby
repealed.
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