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What happens after the petitions have been filed?
Step 1: Board of Elections Must Determine Petition’s Validity and Sufficiency
Not later than the 68th day before the election, the board of elections must examine and determine the validity and sufficiency of the petition for certification of the question to the ballot.
Step 2: Board of Elections’ Notice Requirements
Upon the filing of a 5-R Petition, the board of elections may fax a single page copy of the petition to the Division of Liquor Control, (614-728-1283) for verification that the petitioner is an applicant, permit holder or liquor agency store at the location specified on the petition prior to certification. While this is not required, it could identify a problem with the petitioner’s application that could be corrected prior to board certification.
The board of elections must submit the Notice of Election to be Held (Form 126-A) to the Secretary of State’s office and the Division of Liquor Control upon certification of the issue and determination of the date of the election. Not later than 10 days before the election, the board of elections must post or publish a public notice of the election.
“29 Day Rule”
For Liquor Permit Holder Whose Permit is Made Partially or Wholly Unlawful
Due to the Results of Certain Local Liquor Option Elections
When a permit is made partially or wholly unlawful as the result of a local liquor option election held pursuant to R.C. 4301.35 (one or more precinct wide weekly sales questions), R.C. 4301.351 (one or more precinct wide Sunday sales questions), R.C. 4301.353 (one or more questions on sales in a portion of a precinct), R.C. 4303.29 (question on the sale of spirituous liquor by the glass), or R.C. 4305.14 (one or more precinct wide questions on the sale of beer), a particular business use local liquor option election may be held if BOTH of the following occur no later than 29 days after the Division of Liquor Control receives the final notice of the results of such election: (1.) The affected permit holder files a petition (Form 5-R) with the board of elections to hold a particular location local liquor option election pursuant to R.C. 4301.333, and,
(2.) The affected permit holder files with the Division of Liquor Control’s Superintendent a copy of that petition (Form 5-R) bearing the board of elections’ file stamp. If BOTH of these conditions are met, the results of the local liquor option election which made the permit partially or wholly unlawful will not take effect as to that liquor permit holder until the Division of Liquor Control receives final notice from the board of elections that either (Whichever occurs earlier).A. The form 5-R filed by the permit holder pursuant to R.C. 4301.39(G) is invalid, or
B. An election held pursuant to R.C. 4301.355 (Particular Location Local Liquor Option) concerning the liquor permit holder resulted in a majority “no” vote. NOTE: This rule is not available to local option elections held pursuant to the particular permit premise nuisance local liquor option provision in R.C. 4301.352.
DISCLAIMER: OhioLiquorOptions.com is developed and maintained by OhioLiquorOptions.com, llc., a wholly owned subsidiary of field resource management, inc., the industry leader in the design, development, and implementation of Ohio Liquor Option election campaigns. field resource management, inc. is not affiliated with the Ohio Division of Liquor Control, the Ohio Secretary of State’s office or any Ohio County Board of Elections. All information contained herein is strictly the opinion of field resource management, inc. and is neither intended to be nor considered to be legal advice to any Ohio local option petitioners.