Voters for None of the Above

[This contains the full text of the bill.  Provided by the Center for Civic Renewal, in Oil City, PA.] 

NOTA Bill in OHIO, 1995-1996

As Introduced 

SENATORS McLIN-LATELL-FURNEY 

S. B. No. 179 

A BILL 

To amend sections 3505.03, 3505.04, 3505.10, 3505.23, 3505.27, 3505.30, 3513.13, and 3513.14 of the Revised Code to provide for a ballot choice designated as "none of the above." 

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 

Section 1. That sections 3505.03, 3505.04, 3505.10, 3505.23, 3505.27, 3505.30, 3513.13, and 3513.14 of the Revised Code be amended to read as follows: 

Sec. 3505.03. On the office type ballot shall be printed the names of all candidates for election to offices, except judicial offices, who were nominated at the next preceding primary election as candidates of a political party or who were nominated in accordance with section 3513.02 of the Revised Code, and the names of all candidates for election to offices who were nominated by nominating petitions, except candidates for judicial offices, for member of the state board of education, for member of a board of education, for municipal offices, and for township offices. 

The face of such ballot below the stub shall be substantially in the following form: 

(A) To vote for a candidate place "X" in the rectangular space at the left of the name of such candidate. IF YOU WISH TO VOTE FOR NO CANDIDATE, PLACE "X" IN THE RECTANGULAR SPACE AT THE LEFT OF "NONE OF THE ABOVE." . 

(B) If you tear, soil, deface, or erroneously mark this ballot, return it to the precinct election officers and obtain another ballot. 

The order in which the offices shall be listed on the ballot shall be prescribed by, and certified to each board of elections by, the secretary of state; provided that for state, district, and county offices the order from top to bottom shall be as follows: governor and lieutenant governor, attorney general, auditor of state, secretary of state, treasurer of state, United States senator, representative to congress, state senator, state representative, county commissioner, county auditor, prosecuting attorney, clerk of the court of common pleas, sheriff, county recorder, county treasurer, county engineer, and coroner. The offices of governor and lieutenant governor shall be printed on the ballot in a manner that requires a voter to cast one vote jointly for the candidates who have been nominated by the same political party or petition. 

The names of all candidates for an office shall be arranged in a group under the title of that office, and, except for absentee ballots or when the number of candidates for a particular office is the same as the number of candidates to be elected for that office, shall be rotated from one precinct to another. On absentee ballots the names of all candidates for an office shall be arranged in a group under the title of that office and shall be so alternated that each name shall appear, insofar as may be reasonably possible, substantially an equal number of times at the beginning, at the end, and in each intermediate place, if any, of the group in which such name belongs, unless the number of candidates for a particular office is the same as the number of candidates to be elected for that office. 

UNDERNEATH THE LIST OF NAMES OF CANDIDATES FOR EACH OFFICE SHALL BE PRINTED "NONE OF THE ABOVE" W1TR A RECTANGULAR SPACE TO THE LEFT FOR SELECTING THIS CHOICE IF A VOTE FOR A CANDIDATE IS NOT DESIRED. 

The method of printing the ballots to meet the rotation requirement of this section shall be as follows: The least common multiple of the number of names in each of the several groups of candidates shall be used and the number of changes made in the printer's forms in printing such ballots shall correspond TO such multiple. The board of elections shall number all precincts in regular serial sequence. In the first precinct, the names of the candidates in each group shall be listed in alphabetical order. In each succeeding precinct, the name in each group which is listed first in the preceding precinct shall be listed last and the name of each candidate shall be moved up one place. THE WORDS "NONE OF THE ABOVE" AND THE RECTANGULAR SPACE TO THE LEFT OF THESE WORDS SHALL NOT BE ROTATED. In each precinct using paper ballots, the printed ballots shall then be assembled in tablets. 

Under the name of each candidate nominated at a primary election and each candidate certified by a party committee to fill a vacancy under section 3513.31 of the Revised Code shall be printed, in less prominent type face than that in which the candidate's name is printed, the name of the political party by which the candidate was nominated or certified. 

Except as provided in this section, no words, designations, or emblems descriptive of a candidate or THE CANDIDATE'S political affiliation, or indicative of the method by which the candidate was nominated or certified, shall be printed under or after a candidate's name which is printed on the ballot. 

Sec. 3505.04. On the nonpartisan ballot shall be printed the names of all nonpartisan candidates for election to judicial office, office of member of the state board of education, office of member of a board of education, municipal or township offices for municipal corporations and townships in which primary elections are not held for nomination of candidates by political parties, and municipal offices of municipal corporations having charters which provide for separate ballots for elections for such municipal offices. 

Such ballots shall have printed across the top, and below the stubs, "Official Nonpartisan Ballot." 

The order in which the offices are listed on the ballot shall be prescribed by, and certified to each board of elections by, the secretary of state; provided that the office of member of the state board of education shall be listed first on the ballot, then state, district, and county judicial offices shall be listed on the ballot in such order, followed by municipal and township offices, and by offices of member of a board of education, in the order stated. 

Within the rectangular space within which the title of each judicial office is printed on the ballot and immediately below such title shall be printed the date of the commencement of the term of the office, if a full term, as follows: "Full term commencing _____ (Date) ," or the date of the end of the term of the office, if an unexpired term, as follows: "Unexpired term ending _____ (Date) ". 

The secretary of state shall prescribe the information and directions to the voter to be printed on the ballot within the rectangular space in which the title of office of member of the state board of education appears. 

Within the rectangular space with-in which the title of each office for member of a board of education is printed on the ballot shall be printed "For Member of Board of Education," and the number to be elected, directions to the voter as to voting for one, two, or more, and, if the office to be voted for is member of a board of education of a city school district, words shall be printed in said space on the ballot to indicate whether candidates are to be elected from subdistricts or at large. 

The names of all nonpartisan candidates for an office shall be arranged in a group under the title of that office, and shall be rotated and printed on the ballot as provided in section 3505.03 of the Revised Code. THE WORDS "NONE OF THE ABOVE" WITH A RECTANGULAR SPACE TO THE LEFT SHALL BE PRINTED ON THE BALLOT AS PROVIDED IN SECTION 3505.03 OF THE REVISED CODE. 

No name or designation of any political party nor any words, designations, or emblems descriptive of a candidate or THE CANDIDATE'S political affiliation, or indicative of the method by which such candidate was nominated or certified, shall be printed under or after any nonpartisan candidate's name which is printed on the ballot. 

Sec. 3505.10. On the presidential ballot below the stubs at the top of the face of the ballot shall be printed "Official Presidential Ballot" centered between the side edges of the ballot. Below "Official Presidential Ballot" shall be printed a heavy line centered between the side edges of the ballot. Below the line shall be printed "Instruction to Voters" centered between the side edges of the ballot, and below such words shall be printed the following instructions: 

"(A) To vote for the candidates for president and vice-president whose names are printed below, mark "X" in the rectangular space at the left of the names of such candidates. Such "X" mark will be counted as a vote for each of the candidates for presidential elector whose names have been certified to the secretary of state and who are members of the same political party as the nominees for president and vice-president. An "X" mark for independent candidates for president and vice-president shall be counted as a vote for the presidential electors filed by such candidates with the secretary of state. 

(B) To vote for candidates for president and vice-president in the blank space below, mark "X" in the left rectangular space and write the names of your choice for president and vice-president under the respective headings provided for those offices. Such write-in will be counted as a vote for the candidates' presidential electors whose names have been properly certified to the secretary of state. 

(C) TO VOTE FOR NO CANDIDATE, MARX "X" IN THE RECTANGULAR SPACE AT THE LEFT OF "NONE OF THE ABOVE." 

(D) If you tear, soil, deface, or erroneously mark this ballot, return it to the precinct election officers and obtain another ballot." 

Below such instructions to the voter shall be printed a single vertical column of enclosed rectangular spaces equal in number to the number of presidential candidates plus one additional space for write-in candidates AND ONE ADDITIONAL SPACE FOR "NONE OF THE ABOVE." Each of such rectangular spaces shall be enclosed by a heavy line along each of its four sides, and such spaces shall be separated from each other by one-half inch of open space. 

In each of such enclosed rectangular spaces, except the SPACES provided for write-in candidates AND FOR "NONE OF THE ABOVE," shall be printed the names of the candidates for president and vice-president nominated as such by the national convention of a political party to which delegates and alternates were elected in this state at the next preceding primary election and the names of those independent candidates nominated by petition in accordance with section 3513.257 of the Revised Code. The names of candidates for electors of president and vice-president shall not be placed on the ballot, but shall be certified to the secretary of state as required by sections 3513.11 and 3513.257 of the Revised Code. The names of candidates for president and vice-president may be certified to the secretary of state, for placement on the presidential ballot, by authorized officials of an intermediate or minor political party which has held a state or national convention for the purpose of choosing such candidates, or which may, without convention, certify such candidates in accordance with the procedure authorized by its party rules. Certification to the secretary of state of such candidates shall be made on or before the seventy-fifth day before the day of the general election and shall be accompanied by designation of a sufficient number of presidential electors to satisfy the requirements of law. A vote for any of such candidates for president and vice-president shall be a vote for the electors of such candidates whose names have been certified to the secretary of state. 

The arrangement of the printing in each of such enclosed rectangular spaces shall be substantially as follows: Near the top and centered within the rectangular space shall be printed "For President" in ten-point boldface upper and lower case type. Below "For President" shall be printed the name of the candidate for president in twelve-point boldface upper case type. Below the name of the candidate for president shall be printed the name of the political party by which such candidate for president was nominated in eight-point lightface upper and lower case type. Below the name of such political party shall be printed "For Vice-President" in ten-point boldface upper and lower case type. Below "For Vice-President" shall be printed the name of the candidate for vice-president in twelve-point boldface upper case type. Below the name of the candidate for vice-president shall be printed the name of the political party by which such candidate for vice-president was nominated in eight-point lightface upper and lower case type. No political identification or name of any political party shall be printed below the names of presidential and vice-presidential candidates nominated by petition. 

The rectangular spaces on the ballot described in this section shall be rotated and printed as provided in section 3505.03 of the Revised Code. 

Sec. 3505.23. No voter shall be allowed to occupy a voting compartment or use a voting machine more than five minutes when all the voting compartments or machines are in use and voters are waiting to occupy them. Except as otherwise provided by section 3505.24 of the Revised Code, no voter shall occupy a voting compartment or machine with another person or speak to anyone, nor shall anyone speak to THE VOTER, while THAT VOTER is in a voting compartment or machine. 

In precincts that do not use voting machines the following procedure shall be followed: 

A voter WHO tears, soils, defaces, or erroneously marks a ballot he may return it to the precinct election officials and a second ballot shall be issued to THE VOTER. Before returning a torn, soiled, defaced, or erroneously marked ballot the voter shall fold it so as to conceal any marks THE VOTER made upon it, but shall not remove Stub A FROM THE BALLOT. A voter WHO tears, soils, defaces, or erroneously marks such second ballot he may return it to the precinct election officials and a third ballot shall be issued to THE VOTER. In no case shall more than three ballots be issued to a voter. Upon receiving a returned torn, soiled, defaced, or erroneously marked ballot the precinct election officials shal1 detach Stub A FROM THE BALLOT, write "Defaced" on the back of such ballot, and place the stub and the ballot in the separate containers provided FOR THEM. 

No elector shall leave the polling place until THE ELECTOR returns to the precinct election officials every ballot issued to THE ELECTOR with Stub A on each ballot attached TO IT, regardless of whether THE ELECTOR has or has not placed any marks upon the ballot. 

Before leaving the voting compartment the voter shall fold each ballot THAT THE VOTER HAS marked so that no part of the face of the ballot is visible, and so that the printing ON THE BALLOT indicating the kind of ballot it is and the facsimile signatures of the members of the board of elections are visible. THE VOTER shall then leave the voting compartment, deliver THE VOTER'S ballots, and state THE VOTER'S name to the judge having charge of the ballot boxes, who shall announce the name, detach Stub A from each ballot, and announce the number on the stubs. The clerks in charge of the poll lists or poll books shall check to ascertain whether the number so announced is the number on Stub B of the ballots issued to such voter, and if no discrepancy appears to exist, the judge in charge of the ballot boxes shall, in the presence of the voter, deposit each such ballot in the proper ballot box and shall place Stub A from each ballot in the container provided therefor. The voter shall then immediately leave the polling place. 

No ballot delivered by a voter to the judge in charge of the ballot boxes with Stub A detached FROM IT, and only ballots provided in accordance with Title XXXV of the Revised Code, shall be voted or deposited in the ballot boxes. 

In marking a presidential ballot the voter shall place "X" in the rectangular space at the left of the names of the candidates for the offices of president and vice-president. Such ballot shall be considered and counted as a vote for each of the candidates for election as presidential elector whose names were certified to the secretary of state by the political party of such nominees for president and vice-president. IF THE VOTER WISHES TO VOTE FOR NO CANDIDATE, THE VOTER SHALL PLACE "X" IN THE RECTANGULAR SPACE AT THE LEFT OF "NONE OF THE ABOVE." 

In marking an office type ballot or nonpartisan ballot the voter shall place "X" in the rectangular space at the left of the name of each candidate for whom THE VOTER desires to vote. IF THE VOTER WISHES TO VOTE FOR NO CANDIDATE, THE VOTER SHALL PLACE "X" IN THE RECTANGULAR SPACE AT THE LEFT OF "NONE OF THE ABOVE." 

In marking a primary election ballot the voter shall place "X" in the rectangular space at the left of the name of each candidate for whom he THE VOTER desires to vote. A voter WHO desires to vote for the nomination of a person whose name is not printed on the primary election ballot may do so by writing such person's name on the ballot in the proper place provided for such purpose. IF THE VOTER WISHES TO VOTE FOR NO CANDIDATE, THE VOTER SHALL PLACE "X" IN THE RECTANGULAR SPACE AT THE LEFT OF "NONE OF THE ABOVE." 

In marking a questions and issues ballot the voter shall place "X" in the rectangular space provided on the ballot at the left or at the right of "YES" or "NO" or other words of similar import which are printed on the ballot to enable the voter to indicate how THE VOTER votes in connection with each question or issue upon which THE VOTER desires to vote. 

In marking any ballot on which a blank space has been provided wherein an elector may write in the name of a person for whom THE ELECTOR desires to vote, the elector shall write such person's name in such blank space provided and on no other place on the ballot. Unless specific provision is made by statute, no blank space shall be provided on a ballot for write-in votes, and any names written on a ballot other than in a blank space provided FOR WRITE-IN VOTES shall not be counted or recorded. 

ANY VOTES CAST FOR "NONE OF THE ABOVE" SHALL BE COUNTED AND RECORDED BUT SHALL NOT AFFECT THE OUTCOME OF THE ELECTION FOR CANDIDATES. 

Sec. 3505.27. The counting and tallying of all ballots shall be done in the presence and full view of all judges and clerks of elections and witnesses, and shall be conducted as follows: 

One of the judges shall take a ballot and shall read aloud distinctly the names of the candidates voted for, VOTES FOR "NONE OF THE ABOVE" FOR EACH OFFICE, and the vote on any questions or issues that were submitted. A clerk of the opposite political party shall tally the votes on work sheets furnished by the board of elections. A judge of the same political party as the clerk shall verify the votes so read and tallied. The same procedure shall be followed until all of the ballots have been counted. 

The clerk shall enter on THE CLERK'S work sheet the number of tallies thereon for each candidate and question or issue, OR FOR "NONE OF THE ABOVE," and shall add thereto TO THE WORK SHEET the number of tallies for such candidate and question or issue OR "NONE OF THE ABOVE" which appear on any other work sheet that has been used so that every work sheet will show the total vote cast for each candidate and question or issue AND "NONE OF THE ABOVE" FOR EACH OFFICE that appears thereon. The presiding judge shall examine the work sheets and, when satisfied that the tallies have been properly counted and entered, sign the same and cause the total vote for each candidate and question or issue AND "NONE OF THE ABOVE" FOR EACH OFFICE to be inserted in each of the pollbooks in the column provided for same. The pollbooks shall than be compared to see that they are alike. 

The board may prescribe additional procedure which appears necessary to assure an accurate count. 

All work sheets must be preserved and placed inside the pollbooks and returned to the board. 

If there is any disagreement as to how a ballot should be counted it shall be submitted to all of the judges. If three of the judges do not agree as to how any part of the ballot shall be counted, that part of such ballot which three of the judges do agree shall be counted and a notation made upon the ballot indicating what part has not been counted, and shall be placed in an envelope provided for that purpose, marked "Disputed Ballots" and returned to the board. 

Nothing in this section shall be construed as prohibiting the simultaneous counting and tallying of votes by more than one group of three election officials as above provided. 

Sec. 3505.30. When the results of the ballots have been ascertained, such results, INCLUDNG VOTES CAST FOR "NONE OF THE ABOVE," shall be embodied in a summary statement to be prepared by the judges and clerks of elections in duplicate, on forms provided by the board of elections. One copy shall be certified by the judges and clerks and posted on the front of the polling place, and one copy, similarly certified, shall be transmitted without delay to the board in a sealed envelope along with the other returns of the election. The judges shall also, whenever requested by the board, announce the results to the board from the nearest police station or from a telephone or telegraph station if nearer to the polling place. The board shall, immediately upon receipt of such summary statements, compile and prepare an unofficial count and upon its completion shall transmit prepaid, immediately by messenger, telegraph, or telephone, the results of such unofficial count to the secretary of state, or to the board of the most populous county of the district which is authorized to canvass the returns. Such count, in no event, shall be made later than twelve noon on the day following the election. The board shall also, at the same time, certify the results thereof to the secretary of state by registered mail. The board shall remain in session from the time of the opening of the polls, continuously, until the results of the election are received from every precinct in the county and such results are communicated to the secretary of state. 

Sec. 3513.13. Separate primary election ballots shall be provided by the board of elections for each political party having candidates for nomination or election in a primary election. Section 3505.08 of the Revised Code governing the kind of paper, the kind of ink, and the size and style of type to be used in the printing of ballots for general elections shall apply in the printing of ballots for primary elections. 

Primary election ballots shall have printed on the back thereof "Official _____ (name of party) primary ballot," the date of the election, and the facsimile signatures of the members of the board. 

Such ballots shall have stubs attached at the top thereof as required on ballots for general elections. 

On the back -of every ballot used there shall be a solid black line printed opposite the blank rectangular space that is used to mark the choice of the voter. This line shall be printed wide enough so that the mark in the blank rectangular space will not be visible from the back side of the ballot. 

Such ballots shall have printed at the top thereof and below the stubs "Official _____ (name of party) primary ballot" and instructions to the voter to the effect that to vote for a candidate he, OR "NONE OF THE ABOVE" IF NO CANDIDATE IS DESIRED, THE VOTER must place "X" in the rectangular space at the left of the name of THE candidate, OR "NONE OF THE ABOVE" IF NO CANDIDATE IS DESIRED, except as provided in section 3513.151 of the Revised Code, and that A VOTER WHO tears, soils, defaces, or erroneously marks the ballot may return it to the precinct election officers and obtain another ballot. 

Except as provided in section 3513.151 of the Revised Code, primary election ballots shall contain the names of all persons whose declarations of candidacy and petitions have been determined to be valid. The name of each candidate for nomination for, or election to, an office or position shall be printed in an enclosed rectangular space at the left of which an enclosed blank rectangular space shall be provided. The names of candidates shall be printed on the ballot immediately below the title of the office or position for nomination or election to which the candidate seeks nomination or election. The order in which offices and positions shall be listed on the ballot shall be prescribed by and shall be certified to each board by the secretary of state, and shall be the same, to the extent the secretary of state deems practicable, as is provided for the listing of offices on general election ballots. 

UNDERNEATH THE NAMES OF CANDIDATES FOR EACH OFFICE SHALL BE PRINTED "NONE OF THE ABOVE" WITH AN ENCLOSED BLANK RECTANGULAR SPACE TO THE LEFT FOR SELECTING THIS CHOICE IF A VOTE FOR A CANDIDATE IS NOT DESIRED. 

Sec. 3513.14. Immediately below the title of each office for which nominations are to be made and the names of candidates for such nomination printed thereunder, there shall be provided on each primary election ballot as many blank spaces as, but not more than, the number of nominations to be made for such office, in which the voter may write the names of persons for whose nomination he THE VOTER desires to vote, provided that inasmuch as candidates for the office of delegate and alternate to the national and state conventions, member of the state central committee, and member of the county central committee are elected at the primary election no blank space shall be left on the ballot after the names of the candidates for such office, and no vote shall be counted for any person whose name has been written in on said ballot for any of such offices. If no person files and qualifies as a candidate for the office of member of the state central committee or member of the county central committee such office shall not appear on the ballot. 

The face of the ballot below the stub shall be substantially in the following form: 

OFFICIAL (name of party) 

PRIMARY BALLOT 

(A) To vote for a candidate place "X" in the rectangular space at the left of the name of such candidate. IF YOU WISH TO VOTE FOR NO CANDIDATE, PLACE "X" IN THE RECTANGULAR SPACE AT THE LEFT OF "NONE OF THE ABOVE." 

(B) If you tear, soil, deface, or erroneously mark this ballot return it to the election officials and obtain another. 

Section 2. That existing sections 3505.03, 3505.04, 3505.10, 3505.23, 3505.27, 3505.30, 3513.13, and 3513.14 of the Revised Code are hereby repealed.