As Introduced
136th General Assembly
Regular Session H. B. No. 123
2025-2026
Representatives Johnson, Thomas, D.
Cosponsors: Representatives Bird, Fowler Arthur, Claggett, Daniels, Hiner
A B I L L
To amend sections 3.02, 302.09, 305.02, 503.24, and
733.31 of the Revised Code to modify the
procedures for filling vacancies in certain
local elected offices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3.02, 302.09, 305.02, 503.24, and
733.31 of the Revised Code be amended to read as follows:
Sec. 3.02. (A) When Subject to division (B) of this
section, when an elective office becomes vacant and is filled by
appointment, such appointee shall hold the office until the
appointee's successor is elected and qualified; and such
successor shall be elected for the unexpired term, at the first
general election for the office which is vacant that occurs more
than forty days after the vacancy has occurred; provided that
when the unexpired term ends within one year immediately
following the date of such general election, an election to fill
such unexpired term shall not be held and the appointment shall
be for such unexpired term.
(B) In the case of a vacancy in an office for which the
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term expires in a month other than November, December, or
January, other than the office of judge or justice of any court,
if no election is held to fill the vacancy for the remainder of
the unexpired term, all of the following apply:
(1) If, when the vacancy occurs, a person has been
certified as elected to the office for the following full term,
the appointing authority shall notify the person to provide a
copy of the person's certificate of election to the appointing
authority. Upon being presented with a copy of the person's
certificate of election, the appointing authority shall appoint
the person to the office for the remainder of the unexpired
term. If the person fails to qualify to hold the office for the
remainder of the unexpired term, another person shall be
appointed under division (A) of this section to fill the vacancy
for the remainder of the unexpired term.
(2) If, when the vacancy occurs, a person has not been
certified as elected to the office for the following full term,
and the person appointed to fill the vacancy under division (A)
of this section is not elected to the office for the following
full term, the person shall hold the office only until the
person who is elected to the office for the following full term
is appointed and qualifies to serve the remainder of the
unexpired term under division (B)(3) of this section. However,
if the person who is elected to the office for the following
full term fails to qualify to hold the office for the remainder
of the unexpired term under division (B)(3) of this section, the
person appointed to fill the vacancy under division (A) of this
section shall hold the office for the remainder of the unexpired
term.
(3) If the person who is elected to the office for the
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following full term was not already appointed to the office
under division (A) of this section, the appointing authority
shall notify the person to provide a copy of the person's
certificate of election to the appointing authority. Upon being
presented with a copy of the person's certificate of election,
the appointing authority shall appoint the person to the office
for the remainder of the unexpired term.
(4) As used in division (B) of this section, "appointing
authority" does not include a committee of a political party or
a committee of persons designated by a candidate. In the case of
an office for which such a committee may fill a vacancy, the
person who is designated to make an appointment to fill a
vacancy in an elective office whose previous occupant was
elected as an independent candidate is the appointing authority
for purposes of this division.
(C) When an elective office becomes vacant and is filled
by appointment under division (A) or (B)(2) of this section , the
appointing authority shall, immediately but no later than seven
days after making the appointment, certify it to the board of
elections and to the secretary of state. The board of elections
or, in the case of an appointment to a statewide office, the
secretary of state shall issue a certificate of appointment to
the appointee. Certificates of appointment shall be in such form
as the secretary of state shall prescribe.
(C) (D) When an elected candidate fails to qualify for the
office to which the candidate has been elected, the office shall
be filled as in the case of a vacancy. Until so filled, the
incumbent officer shall continue to hold office. This section
does not postpone the time for such election beyond that at
which it would have been held had no such vacancy occurred, or
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affect the official term, or the time for the commencement
thereof, of any person elected to such office before the
occurrence of such vacancy.
Sec. 302.09. When a vacancy occurs in the board of county
commissioners or in the office of county auditor, county
treasurer, prosecuting attorney, clerk of the court of common
pleas, sheriff, county recorder, county engineer, or coroner
more than forty days before the next general election for state
and county officers, the vacancy shall be filled as provided for
in divisions (A) and (B) of section 305.02 of the Revised Code.
Sec. 305.02. (A) If a vacancy in the office of county
commissioner, prosecuting attorney, county auditor, county
treasurer, clerk of the court of common pleas, sheriff, county
recorder, county engineer, or coroner occurs more than forty
days before the next general election for state and county
officers, a successor shall be elected at such election for the
unexpired term unless such term expires within one year
immediately following the date of such general election.
In either event, the vacancy shall be filled as provided
in this section and the appointee shall hold office until a
successor is elected and qualified.
(B) If Subject to division (C) of this section, if a
vacancy occurs from any cause in any of the offices named in
division (A) of this section, then not later than forty-five
days after the vacancy occurs, a person shall be appointed to
hold the office and to perform the duties thereof until a
successor is elected and has qualified. The appointment shall be
made as follows:
(1) If the last occupant of the office was elected as a
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partisan candidate, the county central committee of the
political party that nominated the last occupant of the office
for the current term shall make the appointment. However, if
such vacancy occurs because of the death, resignation, or
inability to take the office of an officer-elect whose term has
not yet begun, and the officer-elect was elected as a partisan
candidate, an appointment to take such office at the beginning
of the term shall be made by the central committee of the
political party that nominated the officer-elect as a candidate
for that office for that term.
A county central committee that makes an appointment under
division (B)(1) of this section shall meet for that purpose not
less than five nor more than forty-five days after the vacancy
occurs. Not less than four days before the date of such meeting
the chairperson or secretary of such central committee shall
send by first class mail to every member of such central
committee a written notice which shall state the time and place
of such meeting and the purpose thereof. A majority of the
members of the central committee present at such meeting may
make the appointment.
(2) If the last occupant of the office or the officer-
elect was elected to serve the current term as an independent
candidate, the board of county commissioners shall make the
appointment, except where the vacancy is in the office of county
commissioner, in which case the prosecuting attorney and the
remaining commissioners or a majority of them shall make the
appointment.
(C) In the case of a vacancy in the office of county
auditor or county treasurer, if no election is held to fill the
vacancy for the remainder of the unexpired term, all of the
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following apply:
(1) If, when the vacancy occurs, a person has been
certified as elected to the office for the following full term,
the board of county commissioners shall notify the person to
provide a copy of the person's certificate of election to the
board. Upon being presented with a copy of the person's
certificate of election, the board shall appoint the person to
the office for the remainder of the unexpired term. If the
person fails to qualify to hold the office for the remainder of
the unexpired term, another person shall be appointed under
division (B) of this section to fill the vacancy for the
remainder of the unexpired term.
(2) If, when the vacancy occurs, a person has not been
certified as elected to the office for the following full term,
and the person appointed to fill the vacancy under division (B)
of this section is not elected to the office for the following
full term, the person shall hold the office only until the
person who is elected to the office for the following full term
is appointed and qualifies to serve the remainder of the
unexpired term under division (C)(3) of this section. However,
if the person who is elected to the office for the following
full term fails to qualify to hold the office for the remainder
of the unexpired term under division (C)(3) of this section, the
person appointed to fill the vacancy under division (B) of this
section shall hold the office for the remainder of the unexpired
term.
(3) If the person who is elected to the office for the
following full term was not already appointed to the office
under division (B) of this section, the board of county
commissioners shall notify the person to provide a copy of the
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person's certificate of election to the board. Upon being
presented with a copy of the person's certificate of election,
the board shall appoint the person to the office for the
remainder of the unexpired term.
(D) Appointments made under this section shall be
certified by the appointing county central committee or by the
board of county commissioners to the county board of elections
and to the secretary of state, and the persons so appointed and
certified shall be entitled to all remuneration provided by law
for the offices to which they are appointed.
(D) (E) The board of county commissioners may appoint a
person to hold any of the offices named in division (A) of this
section as an acting officer and to perform the duties thereof
between the occurrence of the vacancy and the time when the
officer appointed under division (B) or (C) of this section
qualifies and takes the office.
(E) (F) A person appointed prosecuting attorney or
assistant prosecuting attorney shall give bond and take the oath
of office prescribed by section 309.03 of the Revised Code for
the prosecuting attorney.
Sec. 503.24. If (A) Subject to division (D) of this
section, if there is a vacancy by reason of the nonacceptance,
death, or removal of a person chosen to an office in any
township at the regular election, or if there is a vacancy from
any other cause, the board of township trustees shall appoint a
person having the qualifications of an elector to fill such
vacancy for the unexpired term or until a successor is elected.
If (B) Subject to division (D) of this section, if a
township is without a board or if no appointment is made within
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thirty days after the occurrence of a vacancy, a majority of the
persons designated as the committee of five on the last-filed
nominating petition of the township officer whose vacancy is to
be filled who are residents of the township shall appoint a
person having the qualifications of an elector to fill the
vacancy for the unexpired term or until a successor is elected.
If at least three of the committee members who are residents of
the township cannot be found, or if that number of such members
fails to make an appointment within ten days after the thirty-
day period in which the board of township trustees is authorized
to make an appointment, then the presiding probate judge of the
county shall appoint a suitable person having the qualifications
of an elector in the township to fill the vacancy for the
unexpired term or until a successor is elected.
(C) If a vacancy occurs in a township elective office more
than forty days before the next general election for municipal
and township officers a successor shall be chosen at that
election to fill the unexpired term, provided the term does not
expire within one year from the day of the election. If the term
expires within one year from the day of the next general
election for municipal and township officers, a successor
appointed pursuant to this section shall serve out the unexpired
term, subject to division (D) of this section .
(D) In the case of a vacancy in the office of township
fiscal officer, if no election is held to fill the vacancy for
the remainder of the unexpired term, all of the following apply:
(1) If, when the vacancy occurs, a person has been
certified as elected to the office for the following full term,
the board of township trustees or, if the township is without a
board, the presiding probate judge of the county shall notify
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the person to provide a copy of the person's certificate of
election to the board or the judge, as applicable. Upon being
presented with a copy of the person's certificate of election,
the board or the judge, as applicable, shall appoint the person
to the office for the remainder of the unexpired term. If the
person fails to qualify to hold the office for the remainder of
the unexpired term, another person shall be appointed under
division (A) or (B) of this section to fill the vacancy for the
remainder of the unexpired term.
(2) If, when the vacancy occurs, a person has not been
certified as elected to the office for the following full term,
and the person appointed to fill the vacancy under division (A)
or (B) of this section is not elected to the office for the
following full term, the person shall hold the office only until
the person who is elected to the office for the following full
term is appointed and qualifies to serve the remainder of the
unexpired term under division (D)(3) of this section. However,
if the person who is elected to the office for the following
full term fails to qualify to hold the office for the remainder
of the unexpired term under division (D)(3) of this section, the
person appointed to fill the vacancy under division (A) or (B)
of this section shall hold the office for the remainder of the
unexpired term.
(3) If the person who is elected to the office for the
following full term was not already appointed to the office
under division (A) or (B) of this section, the board of township
trustees or, if the township is without a board, the presiding
probate judge of the county shall notify the person to provide a
copy of the person's certificate of election to the board or the
judge, as applicable. Upon being presented with a copy of the
person's certificate of election, the board or the judge, as
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applicable, shall appoint the person to the office for the
remainder of the unexpired term.
Sec. 733.31. (A) Unless Subject to division (F) of this
section and unless otherwise provided by law, vacancies arising
in appointive and elective offices of villages shall be filled
by appointment by the mayor for the remainder of the unexpired
term, provided that:
(1) Vacancies in the office of mayor shall be filled in
the manner provided by section 733.25 of the Revised Code;
(2) Vacancies in the membership of the legislative
authority shall be filled in the manner provided by section
731.43 of the Revised Code;
(3) Vacancies in the office of president pro tempore of a
village legislative authority shall be filled in the manner
provided by section 731.11 of the Revised Code.
In the event of a vacancy in the office of village clerk
or treasurer, the mayor may appoint a person to serve as an
acting officer to perform the duties of the office until a
permanent officer is appointed to fill the vacancy.
(B) Unless Subject to division (F) of this section and
unless otherwise provided by law, vacancies arising in
appointive offices of cities shall be filled by appointment by
the mayor for the remainder of the unexpired term.
(C) A vacancy in the office of president of the
legislative authority of a city shall be filled in the same
manner as provided in division (D) of this section. Vacancies in
the office of mayor of a city shall be filled in the manner
provided in section 733.08 of the Revised Code. Vacancies in the
membership of the legislative authority of a city shall be
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As Introduced
filled in the manner provided in section 731.43 of the Revised
Code.
(D) In case of the death, resignation, removal, or
disability of the director of law, auditor, or treasurer of a
city and such vacancy occurs more than forty days before the
next general election for such office, a successor shall be
elected at such election for the unexpired term unless such term
expires within one year immediately following the date of such
general election. In either event, the vacancy shall be filled
as provided in this section and the appointee shall hold office
until a successor is elected and qualified , subject to division
(F) of this section.
(1) The county central committee of the political party
that nominated the last occupant of the office as a candidate
for that office for the current term, acting through its members
who reside in the city where the vacancy occurs, shall appoint a
person to hold the office and to perform the duties thereof
until a successor is elected and has qualified, except that if
such vacancy occurs because of the death, resignation, or
inability to take the office of an officer-elect whose term has
not yet begun, an appointment to take such office at the
beginning of the term shall be made by the members of the
central committee who reside in the city where the vacancy
occurs.
(2) Not less than five nor more than forty-five days after
a vacancy occurs, the county central committee, acting through
its members who reside in the city where the vacancy occurs,
shall meet for the purpose of making an appointment. Not less
than four days before the date of the meeting the chairperson or
secretary of the central committee shall send by first class
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mail to every member of such central committee who resides in
the city where the vacancy occurs a written notice which shall
state the time and place of such meeting and the purpose
thereof. A majority of the members of the central committee
present at such meeting may make the appointment.
(E) If the last occupant of the office or the officer-
elect, as provided in division (D) of this section, was elected
to serve the current term as an independent candidate, the mayor
of the city shall make the appointment at the time the vacancy
occurs.
(F) In the case of a vacancy in the office of village
clerk, village clerk-treasurer, or any other city or village
elective office for which the term expires in a month other than
November, December, or January, if no election is held to fill
the vacancy for the remainder of the unexpired term, all of the
following apply:
(1) If, when the vacancy occurs, a person has been
certified as elected to the office for the following full term,
the mayor shall notify the person to provide a copy of the
person's certificate of election to the mayor. Upon being
presented with a copy of the person's certificate of election,
the mayor shall appoint the person to the office for the
remainder of the unexpired term. If the person fails to qualify
to hold the office for the remainder of the unexpired term,
another person shall be appointed under divisions (A) to (E) of
this section to fill the vacancy for the remainder of the
unexpired term.
(2) If, when the vacancy occurs, a person has not been
certified as elected to the office for the following full term,
and the person appointed to fill the vacancy under divisions (A)
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to (E) of this section is not elected to the office for the
following full term, the person shall hold the office only until
the person who is elected to the office for the following full
term is appointed and qualifies to serve the remainder of the
unexpired term under division (F)(3) of this section. However,
if the person who is elected to the office for the following
full term fails to qualify to hold the office for the remainder
of the unexpired term under division (F)(3) of this section, the
person appointed to fill the vacancy under divisions (A) to (E)
of this section shall hold the office for the remainder of the
unexpired term.
(3) If the person who is elected to the office for the
following full term was not already appointed to the office
under divisions (A) to (E) of this section, the mayor shall
notify the person to provide a copy of the person's certificate
of election to the mayor. Upon being presented with a copy of
the person's certificate of election, the mayor shall appoint
the person to the office for the remainder of the unexpired
term.
(G) Appointments made under this section shall be
certified by the appointing county central committee or by the
mayor of the municipal corporation to the county board of
elections and to the secretary of state. The persons so
appointed and certified shall be entitled to all remuneration
provided by law for the offices to which they are appointed.
(G) (H) The mayor of the city may appoint a person to hold
the city office of director of law, auditor, or treasurer as an
acting officer and to perform the duties thereof between the
occurrence of the vacancy and the time when the person appointed
by the central committee qualifies and takes the office.
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Section 2. That existing sections 3.02, 302.09, 305.02,
503.24, and 733.31 of the Revised Code are hereby repealed.
Section 3. Sections 3.02, 302.09, 305.02, 503.24, and
733.31 of the Revised Code, as amended by this act, first apply
to vacancies that occur on or after the effective date of this
section.
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