Chapter 111-20 Secretary of State Advisory Board

111-20-01 Scope and purpose.

(A) There is established within the office of the Ohio secretary of state an advisory board (hereinafter SOSAB) to assist the secretary in issuing instructions for the conduct of elections by directives and advisories, in reaching summary decisions of questions upon which the boards of elections of this state cannot reach a decision, in determining matters regarding the appointment, suspension and removal of members of boards of elections; and in determining matters regarding the suspension and removal of directors and deputy directors of boards of elections, in accordance with sections 3501.05 , 3501.053 , 3501.06 , 3501.07 , 3501.11 and 3501.16 of the Revised Code. Referral of matters to the SOSAB for advice to the secretary shall be at the discretion of the secretary of state.

(B) The purpose of these rules is to provide the secretary of state, the state's chief election officer, with nonpartisan and multipartisan advice in the conduct of fair elections in this state in matters whereby the secretary may be required to resolve controversies involving partisan disputes and in consideration of the fact that the secretary of state may have been elected as the nominee of a political party of this state. The further purpose of this rule is to ensure a high level of confidence by the electorate in elections conducted in this state.

Effective: 01/07/2011
R.C. 119.032 review dates: 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 3501.04 , 3501.05
Rule Amplifies: 3501.04 , 3501.05 , 3501.053 , 3501.06 , 3501.07 , 3501.11 , 3501.16

111-20-02 Definitions.

(A) "Secretary" means the secretary of state;

(B) "Board member" means a member of a board of elections appointed by the secretary of state in accordance with Title 35 of the Revised Code, and specifically, sections 3501.06 , 3501.07 , 3501.09 , 3501.11 , and 3501.16 of the Revised Code;

(C) "Director" and "deputy director" mean the director and deputy director of a board of elections appointed in accordance with Title 35 of the Revised Code, and specifically, sections 3501.09 , 3501.11 , and 3501.16 of the Revised Code;

(D) "Directives" and "advisories" have the same meaning as provided and applied in division (B) of section 3501.05 and division (P) of section 3501.11 of the Revised Code; and

(E) "Permanent directive" and "temporary directive" have the same meaning as provided and applied in sections 3501.05 and 3501.053 of the Revised Code.

Effective: 01/07/2011
R.C. 119.032 review dates: 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 3501.04 , 3501.05
Rule Amplifies: 3501.04 , 3501.05 , 3501.053 , 3501.06 , 3501.07 , 3501.11 , 3501.16

111-20-03 Members of the SOSAB.

(A) Not earlier than thirty days and not later than forty-five days after this rule takes effect, the secretary of state shall appoint a SOSAB consisting of seven members as follows: two each from the two major political parties of this state, two who are independent of any political party affiliation and one who is a member of a minor or intermediate political party of this state.

(B) Members of the SOSAB shall hold office for a period of two calendar years, including a portion of a calendar year, with four initial members appointed for a term of one calendar year or portion of a calendar year, subject to consecutive reappointment, and three initial members appointed for a term of two calendar years, including a portion of a calendar year, subject to consecutive reappointment.

(C) Each member of the SOSAB shall hold office from the date of the member's appointment until the end of the calendar year for which the member was appointed. A member appointed to fill a vacancy occurring prior to the expiration of the term for which the member's predecessor was appointed shall hold office for the remainder of that term. A member shall continue in office subsequent to the expiration date of the member's term until the member's successor takes office or until a period of sixty days has elapsed, whichever occurs first. After the initial terms of office provided for in paragraph (B) of this rule, terms of office shall be for two calendar years.

(D) A vacancy in the SOSAB may be caused by death, resignation, or three absences from SOSAB meetings in a calendar year if those absences are caused by reasons declared invalid by a vote of five members of the remaining members of the SOSAB.

(E) In making appointments to the SOSAB, the secretary of state shall take into consideration the various geographic areas of this state and shall appoint members so that those areas are represented on the SOSAB in a balanced manner, to the extent feasible.

(F) Members of the SOSAB shall be registered electors and shall be of good moral character.

(G) No more than four members of the SOSAB shall be members, directors or deputy directors of boards of elections.

(H) At least four members of the SOSAB shall be attorneys licensed to practice law in the state of Ohio.

(I) Each member of the SOSAB while in the performance of the business of the SOSAB shall be entitled to be reimbursed for expenses actually and necessarily incurred in the performance of his or her duties. The secretary may, at his or her discretion, compensate members of the SOSAB at a rate of five hundred dollars per meeting held in Columbus and held at the call of the secretary, plus expenses as set forth in this paragraph, not to exceed ten thousand dollars per member per fiscal year. Minutes of all meetings of the SOSAB shall be taken and transcribed by a court reporter or by video recording and either or both shall be available for viewing on the secretary of state's website within two weeks after a meeting of the SOSAB.

(J) No member of the SOSAB shall do or be any of the following:

(1) Hold, or be a candidate for, a public office;

(2) Serve on a committee supporting or opposing a candidate or ballot question or issue;

(3) Be a legislative agent as defined in section 101.70 of the Revised Code or an executive agency lobbyist as defined in section 121.60 of the Revised Code;

(4) Solicit, or be involved in soliciting, contributions on behalf of a candidate, campaign committee, political action committee, legislative campaign fund, political contributing entity or corporation making expenditures regarding a candidate campaign or ballot issue or make a contribution to, or for the benefit of, a campaign committee or committee in support of or opposition to a ballot question or issue, a legislative campaign fund, a political action committee, political contributing entity or a corporation making expenditures regarding a candidate campaign or ballot issue.

(K) Four members of the SOSAB shall constitute a quorum, and a majority thereof shall have authority to take any action authorized of the SOSAB. The SOSAB shall meet in Columbus at the call of the secretary of state or upon the written request of a majority of its members. In the event a meeting of the SOSAB is called by the written request of a majority of its members, notice shall be provided to the secretary by electronic mail to the director of elections in the secretary of state's office at least three days in advance of the meeting. The meetings of the SOSAB are subject to section 121.22 of the Revised Code.

(L) Notice of all SOSAB meetings called by the secretary of state shall be provided by the secretary of state's office to all SOSAB members by electronic mail at least five days before the meeting, and shall be posted on the secretary of state's website.

(M) The members of the SOSAB shall elect and maintain a chairperson and a vice-chairperson. At no time shall the chairperson and vice-chairperson be affiliated with the same political party. The chairperson shall serve in that capacity for one or a portion of one calendar year and may serve a successive one-year term. No two successive chairpersons shall be affiliated with the same political party, if any.

Effective: 01/07/2011
R.C. 119.032 review dates: 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 3501.04 , 3501.05
Rule Amplifies: 3501.04 , 3501.05 , 3501.053 , 3501.06 , 3501.07 , 3501.11 , 3501.16

111-20-04 Duties.

(A) Members of the SOSAB shall advise the secretary of state by exercising a majority vote as to the following matters:

(1) Reviews of draft directives and advisories, with a member of the SOSAB transmitting its advice or recommendations to the secretary within five days of its review, for the purpose of assisting in and improving the application, implementation, and impact of directives and advisories issued by the secretary;

(2) Advice for the secretary as to the secretary's decision on tie votes of boards of elections pursuant to sections 3501.05 , 3501.06 and 3501.11 of the Revised Code as referred to the SOSAB by the secretary, with a member of the SOSAB transmitting its advice or recommendations to the secretary within two days of its decision;

(3) Advice as to matters involving the appointment, suspension or removal of members of boards of elections pursuant to sections 3501.07 and 3501.16 of the Revised Code as referred to the SOSAB by the secretary, with a member of the SOSAB transmitting its advice or recommendations to the secretary within five days of its decision;

(4) Advice as to matters involving the suspension or removal of directors or deputy directors of boards of elections pursuant to section 3501.16 of the Revised Code as referred to the SOSAB by the secretary, with a member of the SOSAB transmitting its advice or recommendations to the secretary within five days of its decision.

(B) After any vote taken by the SOSAB, any member or combination of members who did not vote with the majority may separately transmit advice or recommendations to the secretary within five days of the decision of the SOSAB, except in the cases of tie votes of boards of elections, within two days of the decision of the SOSAB.

(C) All written advice or recommendations of the SOSAB or of its members regarding a matter upon which the SOSAB or its members have provided advice or recommendations shall be posted on the secretary of state's website within one business day of receipt by the secretary.

(D) Whether or not the secretary refers a directive or advisory to the SOSAB for its advice, a copy of each draft directive or advisory shall be transmitted by portable document format (PDF) and electronic mail to each member of the SOSAB before being posted for public comment pursuant to section 3501.053 of the Revised Code or being issued as a temporary directive or as an advisory.

(E) The SOSAB has no duty or authority to review, prepare, or submit advice or recommendations regarding directives and advisories required by court order.

(F) The secretary may submit any other matter to the SOSAB for its review and recommendations at the secretary's sole discretion.

Effective: 01/07/2011
R.C. 119.032 review dates: 07/15/2015
Promulgated Under: 119.03
Statutory Authority: 3501.04 , 3501.05
Rule Amplifies: 3501.04 , 3501.05 , 3501.053 , 3501.06 , 3501.07 , 3501.11 , 3501.16