2006 Ohio Revised Code - 3519.08. Procedure for withdrawal of petition; resubmission prohibited.

§ 3519.08. Procedure for withdrawal of petition; resubmission prohibited.
 

(A)  Notwithstanding division (I)(2) of section 3501.38 of the Revised Code, at any time prior to the sixtieth day before the day of an election at which an initiative or referendum is scheduled to appear on the ballot, a majority of the members of the committee named to represent the petitioners in the petition proposing that initiative or referendum under section 3519.02 of the Revised Code may withdraw the petition by giving written notice of the withdrawal to the secretary of state. 

(B)  After a majority of the members of the committee named to represent the petitioners gives notice to the secretary of state that the petition proposing the initiative or referendum is withdrawn under division (A) of this section, all of the following shall apply: 

(1) If the Ohio ballot board has not already certified the ballot language at the time a majority of the members of the committee gives the written notice of withdrawal, the board shall not certify ballot language for that proposed initiative or referendum to the secretary of state. 

(2) The secretary of state shall not certify a ballot form or wording to the boards of elections under sections 3501.05 and 3505.01 of the Revised Code that includes ballot language for that proposed initiative or referendum. 

(3) The proposed initiative or referendum shall not appear on the ballot. 

(C)  No petition that has been filed, and subsequently withdrawn under this section, may be resubmitted. 
 

HISTORY: 151 v H 312, § 1, eff. 8-22-06.
 

Not analogous to former RC § 3519.08 (GC § 4785-175b, 4785-176a, 4785-176b; 119 v 140; 122 v 325(364); Bureau of Code Revision, 10-1-53), repealed 135 v S 238, § 2, eff 5-15-74.

The provisions of § 3 of 151 v H 312 read as follows: 

SECTION 3. (A) The amendments to sections 3501.05, 3501.38, and 3505.01 and the enactment of section 3519.08 of the Revised Code relating to the withdrawal of statewide initiative and referendum petitions shall be considered to be purely remedial in operation and shall be applied to any statewide initiative or referendum petition for which the Secretary of State has not yet certified a ballot form or wording to the boards of elections regardless of when the statewide initiative or referendum petition was filed with the Secretary of State and regardless of whether the statewide initiative or referendum petition has been verified by the Secretary of State. 

(B) The amendments to sections 3501.05 and 3501.38 of the Revised Code relating to the withdrawal of initiative and referendum petitions filed for a municipal corporation, county, township, other political subdivision, or other statutory body exercising governmental authority shall be considered to be purely remedial in operation and shall be applied to any initiative or referendum petition for which the applicable board of elections has not yet given approval to or submitted to the Secretary of State ballot language and for which the Secretary of State has not yet given final approval to ballot language, regardless of when the initiative or referendum petition was filed and regardless of whether the initiative or referendum petition has been verified.