Ohio § 4301.33

§ 4301.33.

(A) The board of elections shall provide to a petitioner circulating a petition for an

election for the submission of one or more of the questions specified in section 4301.35 or 4301.351 of the Revised Code , at the time of taking out the petition, both of the following: (1) The names of the streets and, if appropriate, the address numbers of residences and

business establishments within the precinct in which the election is sought; (2) A form prescribed by the secretary of state for notifying affected permit holders

and liquor agency stores of the circulation of a petition for an election for the

submission of one or more of the questions specified in section 4301.35 or 4301.351 of the Revised Code . The petitioner shall, not less than fifty-five days before the petition-filing deadline

for the election, as provided in this section, file with the division of liquor control

the information regarding names of streets and, if appropriate, address numbers of

residences and business establishments provided by the board of elections, and specify

to the division the precinct that is concerned and that would be affected by the results

of the election and the filing deadline.  The division shall, within a reasonable period of time and not later than twenty-five

days before the filing deadline, supply the petitioner with a list of the names and

addresses of permit holders and liquor agency stores, if any, that would be affected

by the election.  The list shall contain a heading with the following words:  “Liquor permit holders

and liquor agency stores that would be affected by the question(s) set forth on petition

for a local option election.” Within five days after a petitioner has received from the division the list of liquor

permit holders and liquor agency stores, if any, that would be affected by the question

or questions set forth on a petition for local option election, the petitioner shall,

using the form provided by the board of elections, notify by certified mail each permit

holder and liquor agency store whose name appears on that list.  The form for notifying affected permit holders and liquor agency stores shall require

the petitioner to state the petitioner's name and street address and shall contain

a statement that a petition is being circulated for an election for the submission

of the question or questions specified in section 4301.35 or 4301.351 of the Revised Code .  The form shall require the petitioner to state the question or questions to be submitted

as they appear on the petition. The petitioner shall attach a copy of the list provided by the division to each petition

paper.  A part petition paper circulated at any time without the list of affected permit

holders and liquor agency stores attached to it is invalid. At the time the petitioner files the petition with the board of elections, the petitioner

shall provide to the board the list supplied by the division and an affidavit certifying

that the petitioner notified all affected permit holders and liquor agency stores,

if any, on the list in the manner and within the time required in this section and

that, at the time each signer of the petition affixed the signer's signature to the

petition, the petition paper contained a copy of the list of affected permit holders

and liquor agency stores. Within five days after receiving a petition, the board shall give notice by certified

mail that it has received the petition to all liquor permit holders and liquor agency

stores, if any, whose names appear on the list of affected permit holders and liquor

agency stores filed by the petitioner.  Failure of the petitioner to supply the affidavit required by this section and a

complete and accurate list of liquor permit holders and liquor agency stores, if any,

invalidates the entire petition.  The board of elections shall provide to a permit holder or liquor agency store that

would be affected by a proposed local option election, on the permit holder's or liquor

agency store's request, the names of the streets, and, if appropriate, the address

numbers of residences and business establishments within the precinct in which the

election is sought that would be affected by the results of the election.  The board may charge a reasonable fee for this information when provided to the

petitioner and the permit holder or liquor agency store. (B) The petitioner shall present the petition to the board of elections of the county

where the precinct is located not later than four p.m. of the ninetieth day before

the day of a general election or a special election held on a day on which a primary

election may be held.  The petitioner shall ensure that the petition designates whether it is a petition

for an election for the submission of one or more of the questions specified in section 4301.35 of the Revised Code , or a petition for the submission of one or more of the questions specified in section 4301.351 of the Revised Code .  The petitioner also shall ensure that the petition designates the particular question

or questions specified in section 4301.35 or 4301.351 of the Revised Code that are to be submitted.  The petition shall be signed by the number of qualified electors of the precinct

concerned as specified in division (C) of this section. The board shall submit the question or questions specified in the petition to the

electors of the precinct concerned, on the day of the next general election or the

next special election held on a day on which a primary election may be held, whichever

occurs first and shall proceed as follows: (1) Such board shall, not later than the seventy-eighth day before the day of the election

for which the question or questions on the petition would qualify for submission to

the electors of the precinct, examine and determine the sufficiency of the signatures

and review, examine, and determine the validity of the petition and, in case of overlapping

precinct petitions presented within that period, determine which of the petitions

shall govern the further proceedings of the board.  In the case where the board determines that two or more overlapping petitions are

valid, the earlier filed petition shall govern.  The board shall certify the sufficiency and validity of any petition determined

to be valid.  The board shall determine the validity of the petition as of the time of certification

as described in this division. (2) If a petition is sufficient, and, in case of overlapping precinct petitions, after

the board has determined the governing petition, the board to which the petition has

been presented shall order the holding of a special election in the precinct for the

submission of whichever of the questions specified in section 4301.35 or 4301.351 of the Revised Code are designated in the petition, on the day of the next general election or the next

special election held on a day on which a primary election may be held, whichever

occurs first. (3) All petitions filed with a board of elections under this section shall be open to

public inspection under rules adopted by the board. (4) Protest against local option petitions may be filed by any elector eligible to vote

on the question or questions described in the petitions or by a permit holder or liquor

agency store in the precinct as described in the petitions, not later than four p.m.

of the seventy-fourth day before the day of the general or special election for which

the petition qualified.  The protest shall be in writing and shall be filed with the election officials with

whom the petition was filed.  Upon filing of the protest, the election officials with whom it is filed shall promptly

fix the time for hearing it, and shall mail notice of the filing of the protest and

the time and place for hearing it to the person who filed the petition and to the

person who filed the protest.  At the time and place fixed, the election officials shall hear the protest and determine

the validity of the petition. (C) A petition presented to a board of elections under division (B) of this section shall

be signed by the following number of qualified electors: (1) If the petition is for an election for the submission of one or more of the questions

specified in section 4301.35 of the Revised Code , an amount of qualified electors of the precinct equal in number to thirty-five per

cent of the total number of votes cast in the precinct concerned for the office of

governor at the preceding general election for that office; (2) If the petition is for an election for the submission of one or more of the questions

specified in section 4301.35 of the Revised Code and the submission of one or more of the questions specified in section 4301.351 of the Revised Code , an amount of qualified electors of the precinct equal in number to thirty-five per

cent of the total number of votes cast in the precinct concerned for the office of

governor at the preceding general election for that office; (3) If the petition is for an election for the submission of one or more of the questions

specified in section 4301.351 of the Revised Code , fifty electors.