A Triple Play Reform in Ohio!

TheRestofUs.org is working with the Reform Ohio Now Coalition to qualify three constitutional amendments that would make elections in Ohio better. Citizens need to turn in more than 320,000 valid signatures from registered voters by early August to qualify these initiatives for the November 2005 ballot.

Here is draft text, not yet approved for circulation, of the election reform amendment:

Be it Resolved by the People of Ohio

ARTICLE XVII, SECTION 4. State Board of Elections Supervisors; Early Voting

(A)There is hereby established the state board of elections supervisors composed of nine members to be selected as follows: four to be appointed by the governor; four to be appointed by the members of the general assembly who comprise the largest group of such members who are affiliated with a political party different than the political party with which the governor is affiliated, or if the governor is not affiliated with a political party, then four members each shall be appointed by the members of the general assembly who comprise the two largest groups of members affiliated with political parties; and one member, who is not and has not been at any time during the preceding ten years affiliated with a political party, to be appointed by unanimous vote of the chief justice and justices of the supreme court. The governor and the forenamed members of the general assembly shall, in making appointments to the state board elections supervisors, appoint equal numbers of men and women and take into consideration appointing individuals who reflect the geographic regions and racial diversity of the state. If the member appointed by the supreme court becomes affiliated with a political party at any time during the member's tenure, the seat shall be deemed vacant. The initial members shall be appointed no later than December thirty-first of the year following the adoption of this amendment for terms commencing on the first day of the following January. The initial appointments by the governor and the forenamed members of the general assembly shall be as follows: one each for five years, one each for six years, one each for seven years, and one each for eight years. The initial appointment by the supreme court shall be for a term of nine years. After the initial appointments, members shall be appointed to full terms of nine years each commencing on the first day of January following expiration of the preceding term, except in the case of a vacancy, which shall be filled for the remainder of the unexpired term by appointment in the foregoing provisions.

All members of the state board of elections supervisors shall be qualified electors of the state and during their terms of office shall not: (a) hold any elective or appointive federal, state or local government office; (b) hold any appointment to a federal, state or local government board or commission, except in the member's capacity as a member of the board of state elections supervisors; (c) hold any office or position with a political party; (d) circulate or authorize any person to circulate on the member's behalf a petition to become a candidate for any elective public office; (e) declare as a candidate for any elective public office; (f) serve or volunteer with any candidate's campaign or ballot issue campaign; (g) hold any office or position with any organization that supports or opposes the nomination or election of any candidate for public office or the passage or defeat of any ballot issue; (h) serve as a consultant or advisor, with or without compensation, to any candidate for public office or on any ballot issue; or (i) make or solicit any political contribution or expenditure in connection with any election or any political party. A member may not be removed from office unless the member no longer is a qualified elector of the state or for gross misconduct or misfeasance, nonfeasance or malfeasance in office, in which case the member may be removed upon the affirmative vote of two thirds of the members of each house of the general assembly.

The state board of elections supervisors shall be the chief elections authority for the state and shall be responsible for: supervising the administration of the conduct of elections in the state by county boards of elections; declaring the results of all elections for statewide elective offices and statewide ballot questions; prescribing uniform procedures to be followed by county boards of elections in conducting elections to insure compliance with federal and state laws governing voter registration and elections and to insure best practices in administration of elections; appointing and removing the members of the county boards of elections in accordance with statutory provisions; maintaining a statewide voter registration file and directing the county boards of elections in connection with the same; receiving all candidate petitions for statewide elective offices and certifying the legal validity and sufficiency of the same; receiving all petitions proposing state constitutional amendments and laws or seeking a referendum on a state law, certifying the validity and sufficiency of the same and deciding any protest with respect to the same; approving ballot language for all statewide ballot issues; prescribing uniform ballot language for local ballot issues; approving and certifying all equipment and systems used for voting or counting of votes at elections in this state; making recommendations to the general assembly and congress for changes in the election laws; investigating election irregularities and misconduct; establishing fair and open elections; and such other duties as may be imposed by state or federal law. In addition to the foregoing, the independent state board of elections supervisors shall assume all responsibilities of the secretary of state under existing laws with respect to elections and under Article II of this constitution with respect to state initiative and referendum petitions, and all duties of the Ohio ballot board under existing law and under section 1, Article XVI of this constitution.

In order to carry out its responsibilities, the state board of elections supervisors shall appoint a state director of elections, who shall serve as the chief administrative officer of the board, be responsible for the day to day management of the operations of the board and appoint and supervise the staff of the board. The state director of elections shall serve at the pleasure of and the qualifications, amount of compensation, and terms of employment for the position shall be determined solely by the state board of elections supervisors, except that all of the conditions set forth in the second paragraph of this section with respect to the members of the state board of elections supervisors shall also apply to the state director of elections.

All business of the members of the state board of elections supervisors shall be conducted only at meetings of the board open to the public in accordance with state law. Seven members shall constitute a quorum for any meeting. In January of each year the board shall select one member to serve as chairperson and one to serve as vice chairperson. All actions of the board shall require the affirmative vote of five members to be effective, except that the affirmative vote of six members shall be required to remove a member of a county board of elections or the state director of elections.

The general assembly shall set a reasonable level of compensation for the members of the state board of elections supervisors and shall appropriate sufficient funds for the board to be able to fully perform its duties and compensate such staff and acquire such equipment, supplies and office space as necessary to such performance. The general assembly shall enact laws governing the administration of elections, but in no manner restricting the provisions of this section.

(B) Any qualified elector entitled to vote in an election shall be entitled during the thirty-five days immediately prior to the election to receive and cast a ballot in the election by mail or in person at the office of the county board of elections of the elector's county of registration during the hours of operation of the board, in lieu of casting a ballot at the polls on election day. No reason for casting such a ballot shall be necessary. A board of elections may designate additional locations within the county for electors to receive and cast such ballots during hours set by the board. When a ballot is mailed to an elector under the provisions of this section, the board of elections shall also provide a preaddressed envelope with postage prepaid for purposes of returning the ballot by mail.

An elector to whom a ballot has been mailed by the board of elections, which has not been received by the board prior to the day of the election, may cast a provisional ballot on the day of the election at the elector's polling place or at the board of elections during voting hours. An elector's ballot which is received by the board of elections by mail not later than the tenth day after the election, shall be treated as timely cast provided that it contains a postmark not later than the day of the election. In such case, if the elector also cast a provisional ballot under this section, the provisional ballot shall not be counted.

The general assembly shall enact laws fully implementing the provisions of this section consistent with a purpose of expanding participation in elections by facilitating the voting process for all electors. Necessary laws to safeguard the voting process under this section shall also be enacted. No provision of this section shall be construed to limit the general assembly from enacting laws providing greater opportunities for voting in elections under this section or otherwise.

(C) If any provision of this section or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application, and to this end the provisions of this section are declared severable.

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