Ohio Admin. Code 111:3-1-01 - Issuance of directives

(A) Definitions

For the purposes of this rule and section 3501.053 of the Revised Code:

(1) "Permanent directive" means a directive issued to county boards of elections as to the proper method of conducting a an primary or general election as defined under divisions (A) and (E) of section 3501.01 of the Revised Code that remains in effect until replaced or rescinded.

(2) "Temporary directive" means a directive issued to the county boards of elections as to the proper method of conducting a an primary or general election as defined under divisions (A) and (E) of section 3501.01 of the Revised Code that remains in effect during the period beginning ninety days before the day of an election and ending on the fortieth day after the day of that election.

(B) No permanent directive shall be issued during the period beginning ninety days before the day of a primary or general election and ending on the fortieth day after the date of that election.

Notice of the issuance of a permanent directive may be provided during the period beginning ninety days before the day of a primary or general election and ending on the fortieth day after the day of that election. Such notice may be provided notwithstanding the existence of a temporary directive to the same effect. A reasonable amount of time for public review and public comment of a proposed permanent directive also shall be provided during such time, and such time period shall be specified upon release of the directive for a period of public review and comment. After such period of public review and comment, the directive may be issued.

(C) Temporary directives providing instructions as to the proper method of conducting the election shall only be issued, and shall only have effect, during the period beginning ninety days before the day of that election and ending on the fortieth day after the date of that election. Temporary directives shall not be subject to public review and public comment under division (A)(1) of section 3501.053 of the Revised Code.

(D) For the purposes of special elections, as defined under section 3501.01 of the Revised Code, and elections held under municipal, village or charter provisions only, directives may be issued at any time without first providing a reasonable time for public review and public comment.

Notes

Ohio Admin. Code 111:3-1-01

Effective: 3/28/2022
Five Year Review (FYR) Dates: 1/10/2022 and 03/15/2027
Promulgated Under: 119.03
Statutory Authority: 3501.05
Rule Amplifies: 3501.05, 3501.053
Prior Effective Dates: 11/10/2008, 01/25/2016