3375.03 Referendum petition against transfer of territory to another library district - contents of petition.
3375.03 Referendum petition against transfer of territory to another library district - contents of petition.
Unless the transfer of certain library territory pursuant to division (G) of section 3375.01 of the Revised Code has been agreed to by the affected boards of library trustees, a referendum petition against the transfer of the territory to another library district, signed by qualified electors of the territory to be transferred equal in number to at least ten per cent of those electors who voted in the last gubernatorial election, may be filed with the library board of the territory’s current library district within sixty days after certified copies of the boundary change order have been filed in final form with the secretary of state, and the order shall not become effective until after the outcome of the referendum procedure prescribed in this section. Each part of a petition filed pursuant to this section shall contain a full and correct title of the petition, a brief summary of its purpose, and a statement by the person soliciting signatures for the petition, made under penalty of election falsification, certifying that, to the best of the circulator’s knowledge and belief, each signature contained in the petition is that of the person whose name it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code, that each person is an elector residing in the territory subject to transfer entitled to sign the petition, and that each person signed the petition with knowledge of its contents. The petition may contain additional information that shall fairly and accurately present the question to prospective petition signers. The form of a petition calling for a referendum and the statement of the circulator shall be substantially as follows:
“PETITION FOR REFERENDUM ON LIBRARY DISTRICT TRANSFER A petition against the transfer of territory currently located in the …................... library district and proposed for transfer by the state library board to the ….................. library district. We, the undersigned, being electors residing in the area proposed to be transferred, equal in number to not less than ten per cent of the qualified electors in the area subject to transfer who voted at the last general election, request the ….................... library board to submit the question of the transfer of territory to the …...................... library district to the electors residing within the territory proposed to be transferred for approval or rejection at the next primary or general election. Signature Street Address or R.F.D. Precinct Date of Signing
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.............................................................. STATEMENT OF CIRCULATOR I, ..................... (name of circulator) ........... ..............., declare under penalty of election falsification that I am an elector of the state of Ohio and reside at the address appearing below my signature; that I am the circulator of the foregoing part petition containing …......(number)........... signatures; that I have witnessed the affixing of every signature; that all signers were to the best of my knowledge and belief qualified to sign; that every signature is to the best of my knowledge and belief the signature of the person whose signature it purports to be or of an attorney in fact acting pursuant to section 3501.382 of the Revised Code; and that such person signed the petition with knowledge of its contents.
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(Signature of circulator)
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(Address of circulator’s permanent residence in this state)
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(City or village and zip code) WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF THE FIFTH DEGREE.”
The person presenting a referendum petition under this section shall be given a receipt containing the time of day and the date on which the petition is filed with the library board and noting the purpose of and the number of signatures on the petition. The secretary of the library board shall cause the board of elections of the county or counties in which the territory to be transferred is located to check the sufficiency of signatures on the petition, and, if these are found to be sufficient, the secretary shall present the petition to the library board at a meeting of the board, which shall occur not later than thirty days following the filing of the petition with the board. The board shall promptly certify the question to the board of elections of the county or counties in which the territory to be transferred is located for the purpose of having the proposal placed on the ballot within that territory at the next general or primary election occurring not less than sixty days after the certification. The form of the ballot to be used at the election on the question of the transfer shall be as follows:
“Shall the territory ….................. (here insert its boundaries) which is currently within the …............. ........ (here insert the name of the current library district) library district be transferred to the ….................... (here insert the name of the library district to which the territory is proposed to be transferred) library district?
..... For the transfer
..... Against the transfer” The persons qualified to vote on the question are the electors residing in the territory proposed to be transferred. The costs of an election held under this section shall be paid by the board of library trustees of the current library district of the territory to be transferred. The board of elections shall certify the result of the election to the state library board and to the library boards of the affected library district. If a majority of electors voting on the question vote in favor of the transfer, the transfer shall take effect on the date of the certification of the election to the state library board. If a majority of the voters voting on the question do not vote for the transfer, the transfer shall not take place.
Effective Date: 08-28-2001; 05-02-2006