As Introduced
136th General Assembly
Regular Session H. B. No. 153
2025-2026
Representatives Lear, Hall, T.
Cosponsors: Representatives Hiner, Dean, King, Williams, Gross, Fowler Arthur,
Workman, Fischer, Mullins, Newman, Johnson, Miller, K.
To amend sections 3311.053, 3501.01, 3505.03,
3505.04, 3513.04, 3513.05, 3513.052, and 3513.19
and to repeal sections 3513.254 , 3513.255,
3513.256, and 3513.259 of the Revised Code to
require state and school district board members
to be nominated by primary election and to
appear on the ballot with a party designation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3311.053, 3501.01, 3505.03,
3505.04, 3513.04, 3513.05, 3513.052, and 3513.19 of the Revised
Code be amended to read as follows:
Sec. 3311.053. (A) The boards of education of up to five
adjoining educational service centers may, by identical
resolutions adopted by a majority of the members of each
governing board within any sixty-day period, combine such
educational service centers into one educational service center.
The resolutions shall state the name of the new center, which
may be styled as a "joint educational service center." The
resolutions shall also indicate whether the governing board of
the new educational service center is to be formed in accordance
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with division (B) of this section, in accordance with division
(A) of section 3311.054 of the Revised Code, or in accordance
with section 3311.057 of the Revised Code.
A copy of each resolution shall be filed with the state
board of education. The new educational service center shall be
created and the governing boards of the participating
educational service centers shall be dissolved and a new
governing board established thirty days after the date on which
the last resolution was filed with the state board.
(B) The initial members of a new governing board
established in accordance with this division shall be appointed
as follows:
(1) If two educational service centers combine, each
center's governing board, prior to its dissolution, shall
appoint two members to the new governing board and the four
members so selected shall select a fifth member within ten days
of the date on which the last of the four members is appointed.
(2) If three educational service centers combine, each
center's governing board, prior to its dissolution, shall
appoint one member to the new governing board and the three
members so selected shall select the remaining two members of
the governing board within ten days of the date on which the
last of the three members is appointed.
(3) If four educational service centers combine, each
center's governing board, prior to its dissolution, shall
appoint one member to the new governing board and the four
members so selected shall select the remaining member of the
governing board within ten days of the date on which the last of
the four members is appointed.
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(4) If five educational service centers combine, each
center's governing board, prior to its dissolution, shall
appoint one member to the new governing board.
If the members appointed to a new governing board by the
governing boards of the combining educational service centers
are unable to agree on the selection of the remaining members of
the new governing board within ten days, the probate judge of
the county in which the greatest number of pupils under the
supervision of the new educational service center reside shall
appoint the remaining members.
Electors of the new educational service center shall elect
a new governing board at the next general election occurring in
an odd-numbered year and more than ninety days after the date of
the appointment of the last member to the initial governing
board. Members shall serve for the duration of the term to which
they are elected or until their successors are elected and
qualified. At such election, two members shall be elected to
terms of two years and three members shall be elected to terms
of four years. Thereafter, their successors shall be elected in
the same manner and for the same terms as members of governing
boards of all educational service centers. Each candidate for
election as a member of the educational service center governing
board shall file a nominating petition in accordance with
section 3513.255 of the Revised Code.
(C) The funds of each former educational service center
shall be paid over in full to the governing board of the new
educational service center, and the legal title to all property
of the former governing boards shall become vested in the new
governing board.
The governing board of an educational service center
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created under this section shall honor all contracts made by the
former governing boards.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the
first Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held
on the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on
the first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in May or November, on the first Tuesday after the first
Monday in August in accordance with section 3501.022 of the
Revised Code, or on the day authorized by a particular municipal
or county charter for the holding of a primary election, except
that in any year in which a presidential primary election is
held, no special election shall be held in May, except as
authorized by a municipal or county charter, but may be held on
the third Tuesday after the first Monday in March.
(E)(1) "Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of
political parties for election to offices, and for the purpose
of electing persons as members of the controlling committees of
political parties and as delegates and alternates to the
conventions of political parties. Primary elections shall be
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held on the first Tuesday after the first Monday in May of each
year except in years in which a presidential primary election is
held.
(2) "Presidential primary election" means a primary
election as defined by division (E)(1) of this section at which
an election is held for the purpose of choosing delegates and
alternates to the national conventions of the major political
parties pursuant to section 3513.12 of the Revised Code. Unless
otherwise specified, presidential primary elections are included
in references to primary elections. In years in which a
presidential primary election is held, all primary elections
shall be held on the third Tuesday after the first Monday in
March except as otherwise authorized by a municipal or county
charter.
(F) "Political party" means any group of voters meeting
the requirements set forth in section 3517.01 of the Revised
Code for the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
governor or nominees for presidential electors received not less
than twenty per cent of the total vote cast for such office at
the most recent regular state election.
(2) "Minor political party" means any political party
organized under the laws of this state that meets either of the
following requirements:
(a) Except as otherwise provided in this division, the
political party's candidate for governor or nominees for
presidential electors received less than twenty per cent but not
less than three per cent of the total vote cast for such office
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at the most recent regular state election. A political party
that meets the requirements of this division remains a political
party for a period of four years after meeting those
requirements.
(b) The political party has filed with the secretary of
state, subsequent to its failure to meet the requirements of
division (F)(2)(a) of this section, a petition that meets the
requirements of section 3517.01 of the Revised Code.
A newly formed political party shall be known as a minor
political party until the time of the first election for
governor or president which occurs not less than twelve months
subsequent to the formation of such party, after which election
the status of such party shall be determined by the vote for the
office of governor or president.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most recent
regular state election at which a governor was elected received
more votes than any other person received for election to that
office in such precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special
election to be held in this state, or any qualified person who
claims to be a write-in candidate, or who knowingly assents to
being represented as a write-in candidate by another at either a
primary, general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be affiliated with a political party, and whose name has
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been certified on the office-type ballot at a general or special
election through the filing of a statement of candidacy and
nominating petition, as prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name
is required, pursuant to section 3505.04 of the Revised Code, to
be listed on the nonpartisan ballot, including all candidates
for judge of a municipal court, county court, or court of common
pleas, for member of any board of education, for municipal or
township offices in which primary elections are not held for
nominating candidates by political parties, and for offices of
municipal corporations having charters that provide for separate
ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be
a member of a political party and who has been certified to
appear on the office-type ballot at a general or special
election as the nominee of a political party because the
candidate has won the primary election of the candidate's party
for the public office the candidate seeks, has been nominated
under section 3517.012, or is selected by party committee in
accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a
precinct, or other territory, of a major or minor political
party.
(M) "Question or issue" means any question or issue
certified in accordance with the Revised Code for placement on
an official ballot at a general or special election to be held
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in this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the elector
may vote.
(Q) "Precinct" means a district within a county
established by the board of elections of such county within
which all qualified electors having a voting residence therein
may vote at the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of
the Revised Code.
(T) "Political subdivision" means a county, township,
city, village, or school district.
(U) "Election officer" or "election official" means any of
the following:
(1) Secretary of state;
(2) Employees of the secretary of state serving the
division of elections in the capacity of attorney,
administrative officer, administrative assistant, elections
administrator, office manager, or clerical supervisor;
(3) Director of a board of elections;
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(4) Deputy director of a board of elections;
(5) Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct election officials;
(8) Employees appointed by the boards of elections on a
temporary or part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board
of elections, on a form prescribed by the secretary of state,
informing a voter registration applicant or an applicant who
wishes to change the applicant's residence or name of the status
of the application; the information necessary to complete or
update the application, if any; and if the application is
complete, the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board
of elections, on a form prescribed by the secretary of state, to
a registered elector to confirm the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides public assistance or that provides state-
funded programs primarily engaged in providing services to
persons with disabilities and that is required by the National
Voter Registration Act of 1993 to implement a program designed
and administered by the secretary of state for registering
voters, or any other public or government office or agency that
implements a program designed and administered by the secretary
of state for registering voters, including the department of job
and family services, the program administered under section
3701.132 of the Revised Code by the department of health, the
department of mental health and addiction services, the
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department of developmental disabilities, the opportunities for
Ohioans with disabilities agency, and any other agency the
secretary of state designates. "Designated agency" does not
include public high schools and vocational schools, public
libraries, or the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA)(1) "Photo identification" means one of the following
documents that includes the individual's name and photograph and
is not expired:
(a) An Ohio driver's license, state identification card,
or interim identification form issued by the registrar of motor
vehicles or a deputy registrar under Chapter 4506. or 4507. of
the Revised Code;
(b) A United States passport or passport card;
(c) A United States military identification card, Ohio
national guard identification card, or United States department
of veterans affairs identification card.
(2) A "copy" of an individual's photo identification means
images of both the front and back of a document described in
division (AA)(1) of this section, except that if the document is
a United States passport, a copy of the photo identification
means an image of the passport's identification page that
includes the individual's name, photograph, and other
identifying information and the passport's expiration date.
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(BB) "Driver's license" means a license or permit issued
by the registrar or a deputy registrar under Chapter 4506. or
4507. of the Revised Code that authorizes an individual to
drive. "Driver's license" includes a driver's license,
commercial driver's license, probationary license, restricted
license, motorcycle operator's license, or temporary instruction
permit identification card. "Driver's license" does not include
a limited term license issued under section 4507.09 of the
Revised Code.
(CC) "State identification card" means a card issued by
the registrar or a deputy registrar under sections 4507.50 to
4507.52 of the Revised Code.
(DD) "Interim identification form" means the document
issued by the registrar or a deputy registrar to an applicant
for a driver's license or state identification card that
contains all of the information otherwise found on the license
or card and that an applicant may use as a form of
identification until the physical license or card arrives in the
mail.
Sec. 3505.03. (A) On the office type ballot shall be
printed the names of all candidates for election to offices,
except the office of judge of a municipal court, county court,
or court of common pleas, who were nominated at the most recent
primary election as candidates of a political party or who were
nominated in accordance with section 3513.02 of the Revised
Code, and the names of all candidates for election to offices
who were nominated by nominating petitions, except candidates
for the office of judge of a municipal court, county court, or
court of common pleas, for member of the state board of
education, for member of a board of education, for municipal
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offices, and for township offices.
(B) The face of the ballot below the stub shall be
substantially in the following form:
"OFFICIAL OFFICE TYPE BALLOT
(1) To vote for a candidate record your vote in the manner
provided next to the name of such candidate.
(2) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you
cannot return it, notify the precinct election officers, and
obtain another ballot."
(C) The order in which the offices shall be listed on the
ballot shall be prescribed by, and certified to each board of
elections by, the secretary of state; provided that for state,
district, and county offices the order from top to bottom shall
be as follows: governor and lieutenant governor, attorney
general, auditor of state, secretary of state, treasurer of
state, chief justice of the supreme court, justice of the
supreme court, United States senator, representative to
congress, state senator, state representative, judge of a court
of appeals, member of the state board of education, member of a
board of education, county commissioner, county auditor,
prosecuting attorney, clerk of the court of common pleas,
sheriff, county recorder, county treasurer, county engineer, and
coroner. The offices of governor and lieutenant governor shall
be printed on the ballot in a manner that requires a voter to
cast one vote jointly for the candidates who have been nominated
by the same political party or petition.
(D) Within the rectangular space within which the title of
each judicial office listed in division (C) of this section is
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printed on the ballot and immediately below the title shall be
printed the date of the commencement of the term of the office,
if it is a full term, as follows: "Full term commencing
_______(Date)_______," or the date of the end of the term of the
office, if it is an unexpired term, as follows: "Unexpired term
ending _______(Date)________"
(E)(1) The names of all candidates for an office shall be
arranged in a group under the title of that office, and, except
for absentee ballots or when the number of candidates for a
particular office is the same as the number of candidates to be
elected for that office, shall be rotated from one precinct to
another. On absentee ballots, the names of all candidates for an
office shall be arranged in a group under the title of that
office and shall be so alternated that each name shall appear,
insofar as may be reasonably possible, substantially an equal
number of times at the beginning, at the end, and in each
intermediate place, if any, of the group in which such name
belongs, unless the number of candidates for a particular office
is the same as the number of candidates to be elected for that
office.
(2) The secretary of state shall prescribe the information
and directions to the voter to be printed on the ballot within
the rectangular space in which the title of office of member of
the state board of education appears.
(3) Within the rectangular space within which the title of
each office for member of a board of education is printed on the
ballot shall be printed "For Member of Board of Education," and
the number to be elected, directions to the voter as to voting
for one, two, or more, and, if the office to be voted for is
member of a board of education of a city school district, words
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shall be printed in said space on the ballot to indicate whether
candidates are to be elected from subdistricts or at large.
(4) The method of printing the ballots to meet the
rotation requirement of this section shall be as follows: the
least common multiple of the number of names in each of the
several groups of candidates shall be used, and the number of
changes made in the printer's forms in printing the ballots
shall correspond with that multiple. The board of elections
shall number all precincts in regular serial sequence. In the
first precinct, the names of the candidates in each group shall
be listed in alphabetical order. In each succeeding precinct,
the name in each group that is listed first in the preceding
precinct shall be listed last, and the name of each candidate
shall be moved up one place. In each precinct using paper
ballots, the printed ballots shall then be assembled in tablets.
(F) Under the name of each candidate nominated at a
primary election, nominated by petition under section 3517.012
of the Revised Code, or certified by a party committee to fill a
vacancy under section 3513.31 of the Revised Code shall be
printed, in less prominent type face than that in which the
candidate's name is printed, the name of the political party by
which the candidate was nominated or certified. Under the name
of each candidate appearing on the ballot who filed a nominating
petition and requested a ballot designation as a nonparty
candidate under section 3513.257 of the Revised Code shall be
printed, in less prominent type face than that in which the
candidate's name is printed, the designation of "nonparty
candidate." Under the name of each candidate appearing on the
ballot who filed a nominating petition and requested a ballot
designation as an other-party candidate under section 3513.257
of the Revised Code shall be printed, in less prominent type
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face than that in which the candidate's name is printed, the
designation of "other-party candidate." No designation shall
appear under the name of a candidate appearing on the ballot who
filed a nominating petition and requested that no ballot
designation appear under the candidate's name under section
3513.257 of the Revised Code, or who filed a nominating petition
and failed to request a ballot designation either as a nonparty
candidate or as an other-party candidate under that section.
(G) Except as provided in this section, no words,
designations, or emblems descriptive of a candidate or the
candidate's political affiliation, or indicative of the method
by which the candidate was nominated or certified, shall be
printed under or after a candidate's name that is printed on the
ballot.
Sec. 3505.04. On the nonpartisan ballot shall be printed
the names of all nonpartisan candidates for election to the
office of judge of a municipal court, county court, or court of
common pleas, the office of member of the state board of
education, the office of member of a board of education,
municipal or township offices for municipal corporations and
townships in which primary elections are not held for nomination
of candidates by political parties, and municipal offices of
municipal corporations having charters which provide for
separate ballots for elections for such municipal offices.
Such ballots shall have printed across the top, and below
the stubs, "Official Nonpartisan Ballot."
The order in which the offices are listed on the ballot
shall be prescribed by, and certified to each board of elections
by, the secretary of state; provided that the office of member
of the state board of education shall be listed first on the
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ballot, then county judicial offices shall be listed first on
the ballot, followed by municipal and township offices , and by
offices of member of a board of education, in the order stated.
Within the rectangular space within which the title of
each judicial office is printed on the ballot and immediately
below such title shall be printed the date of the commencement
of the term of the office, if a full term, as follows: "Full
term commencing _______(Date)_______," or the date of the end of
the term of the office, if an unexpired term, as follows:
"Unexpired term ending _______(Date)________"
The secretary of state shall prescribe the information and
directions to the voter to be printed on the ballot within the
rectangular space in which the title of office of member of the
state board of education appears.
Within the rectangular space within which the title of
each office for member of a board of education is printed on the
ballot shall be printed "For Member of Board of Education," and
the number to be elected, directions to the voter as to voting
for one, two, or more, and, if the office to be voted for is
member of a board of education of a city school district, words
shall be printed in said space on the ballot to indicate whether
candidates are to be elected from subdistricts or at large.
The names of all nonpartisan candidates for an office
shall be arranged in a group under the title of that office, and
shall be rotated and printed on the ballot as provided in
section 3505.03 of the Revised Code.
No name or designation of any political party nor any
words, designations, or emblems descriptive of a candidate or
the candidate's political affiliation, or indicative of the
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method by which such candidate was nominated or certified, shall
be printed under or after any nonpartisan candidate's name which
is printed on the ballot.
Sec. 3513.04. Candidates for party nominations to state,
district, county, and municipal offices or positions, for which
party nominations are provided by law, and for election as
members of party controlling committees shall have their names
printed on the official primary ballot by filing a declaration
of candidacy and paying the fees specified for the office under
divisions (A) and (B) of section 3513.10 of the Revised Code,
except that the joint candidates for party nomination to the
offices of governor and lieutenant governor shall, for the two
of them, file one declaration of candidacy. The joint candidates
also shall pay the fees specified for the joint candidates under
divisions (A) and (B) of section 3513.10 of the Revised Code.
The secretary of state shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of governor unless the declaration of candidacy also
shows a joint candidate for the same party's nomination to the
office of lieutenant governor, shall not accept for filing the
declaration of candidacy of a candidate for party nomination to
the office of lieutenant governor unless the declaration of
candidacy also shows a joint candidate for the same party's
nomination to the office of governor, and shall not accept for
filing a declaration of candidacy that shows a candidate for
party nomination to the office of governor or lieutenant
governor who, for the same election, has already filed a
declaration of candidacy or a declaration of intent to be a
write-in candidate, or has become a candidate by the filling of
a vacancy under section 3513.30 of the Revised Code for any
other state office or any federal or county office.
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No person who seeks party nomination for an office or
position at a primary election by declaration of candidacy or by
declaration of intent to be a write-in candidate and no person
who is a first choice for president of candidates seeking
election as delegates and alternates to the national conventions
of the different major political parties who are chosen by
direct vote of the electors as provided in this chapter shall be
permitted to become a candidate by nominating petition,
including a nominating petition filed under section 3517.012 of
the Revised Code, by declaration of intent to be a write-in
candidate, or by filling a vacancy under section 3513.31 of the
Revised Code at the following general election for any office
other than the office of member of the state board of education,
office of member of a city, local, or exempted village board of
education, office of member of a governing board of an
educational service center, or office of township trustee.
Sec. 3513.05. (A) Each person desiring to become a
candidate for a party nomination at a primary election or for
election to an office or position to be voted for at a primary
election, except persons desiring to become joint candidates for
the offices of governor and lieutenant governor and except as
otherwise provided in section 3513.051 of the Revised Code,
shall, not later than four p.m. of the ninetieth day before the
day of the primary election, file a declaration of candidacy and
petition and pay the fees required under divisions (A) and (B)
of section 3513.10 of the Revised Code. The declaration of
candidacy and all separate petition papers shall be filed at the
same time as one instrument. When the offices are to be voted
for at a primary election, persons desiring to become joint
candidates for the offices of governor and lieutenant governor
shall, not later than four p.m. of the ninetieth day before the
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day of the primary election, comply with section 3513.04 of the
Revised Code. The prospective joint candidates' declaration of
candidacy and all separate petition papers of candidacies shall
be filed at the same time as one instrument. The secretary of
state or a board of elections shall not accept for filing a
declaration of candidacy and petition of a person seeking to
become a candidate if that person, for the same election, has
already filed a declaration of candidacy or a declaration of
intent to be a write-in candidate, or has become a candidate by
the filling of a vacancy under section 3513.30 of the Revised
Code for any federal, state, or county office, if the
declaration of candidacy is for a state or county office, or for
any municipal or township office, if the declaration of
candidacy is for a municipal or township office.
(B) If the declaration of candidacy declares a candidacy
which is to be submitted to electors throughout the entire
state, the petition, including a petition for joint candidates
for the offices of governor and lieutenant governor, shall be
signed by at least one thousand qualified electors who are
members of the same political party as the candidate or joint
candidates, and the declaration of candidacy and petition shall
be filed with the secretary of state; provided that the
secretary of state shall not accept or file any such petition
appearing on its face to contain signatures of more than three
thousand electors.
(C)(1) Except as otherwise provided in this paragraph
section, if the declaration of candidacy is of one that is to be
submitted only to electors within a district, political
subdivision, or portion thereof, the petition shall be signed by
not less than fifty qualified electors who are members of the
same political party as the political party of which the
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As Introduced
candidate is a member. If
(2) If the declaration of candidacy is for party
nomination as a candidate for member of the legislative
authority of a municipal corporation elected by ward any of the
following, the petition shall be signed by not less than twenty-
five qualified electors who are members of the political party
of which the candidate is a member :
(a) Member of the legislative authority of a municipal
corporation elected by ward;
(b) Member of a local or exempted village board of
education;
(c) Member of a board of education of a city school
district having a population of less than twenty thousand, as
determined by the most recent federal decennial census .
(D) No such petition, except the petition for a candidacy
that is to be submitted to electors throughout the entire state,
shall be accepted for filing if it appears to contain on its
face signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
(E) If the declaration of candidacy declares a candidacy
for party nomination or for election as a candidate of a minor
party, the minimum number of signatures on such petition is one-
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As Introduced
half the minimum number provided in this section, except that,
when the candidacy is one for election as a member of the state
central committee or the county central committee of a political
party, the minimum number shall be the same for a minor party as
for a major party.
(F) If a declaration of candidacy is one for election as a
member of the state central committee or the county central
committee of a political party, the petition shall be signed by
five qualified electors of the district, county, ward, township,
or precinct within which electors may vote for such candidate.
The electors signing such petition shall be members of the same
political party as the political party of which the candidate is
a member.
(G) For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector
voted in that party's primary election within the preceding two
calendar years, or if the elector did not vote in any other
party's primary election within the preceding two calendar
years.
(H) If the declaration of candidacy is of one that is to
be submitted only to electors within a county, or within a
district or subdivision or part thereof smaller than a county,
the petition shall be filed with the board of elections of the
county. If the declaration of candidacy is of one that is to be
submitted only to electors of a district or subdivision or part
thereof that is situated in more than one county, the petition
shall be filed with the board of elections of the county within
which the major portion of the population thereof, as
ascertained by the next preceding federal census, is located.
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As Introduced
(I) A petition shall consist of separate petition papers,
each of which shall contain signatures of electors of only one
county. Petitions or separate petition papers containing
signatures of electors of more than one county shall not thereby
be declared invalid. In case petitions or separate petition
papers containing signatures of electors of more than one county
are filed, the board shall determine the county from which the
majority of signatures came, and only signatures from such
county shall be counted. Signatures from any other county shall
be invalid.
(J) Each separate petition paper shall be circulated by
one person only, who shall be the candidate or a joint candidate
or a member of the same political party as the candidate or
joint candidates, and each separate petition paper shall be
governed by the rules set forth in section 3501.38 of the
Revised Code.
(K) The secretary of state shall promptly transmit to each
board such separate petition papers of each petition
accompanying a declaration of candidacy filed with the secretary
of state as purport to contain signatures of electors of the
county of such board. The board of the most populous county of a
district shall promptly transmit to each board within such
district such separate petition papers of each petition
accompanying a declaration of candidacy filed with it as purport
to contain signatures of electors of the county of each such
board. The board of a county within which the major portion of
the population of a subdivision, situated in more than one
county, is located, shall promptly transmit to the board of each
other county within which a portion of such subdivision is
located such separate petition papers of each petition
accompanying a declaration of candidacy filed with it as purport
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As Introduced
to contain signatures of electors of the portion of such
subdivision in the county of each such board.
(L) All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with a
board shall, under proper regulations, be open to public
inspection until four p.m. of the eightieth day before the day
of the next primary election. Each board shall, not later than
the seventy-eighth day before the day of that primary election,
examine and determine the validity or invalidity of the
signatures on the petition papers so transmitted to or filed
with it and shall return to the secretary of state all petition
papers transmitted to it by the secretary of state, together
with its certification of its determination as to the validity
or invalidity of signatures thereon, and shall return to each
other board all petition papers transmitted to it by such board,
together with its certification of its determination as to the
validity or invalidity of the signatures thereon. All other
matters affecting the validity or invalidity of such petition
papers shall be determined by the secretary of state or the
board with whom such petition papers were filed.
(M)(1) Protests against the candidacy of any person filing
a declaration of candidacy for party nomination or for election
to an office or position, as provided in this section, may be
filed by any qualified elector who is a member of the same
political party as the candidate and who is eligible to vote at
the primary election for the candidate whose declaration of
candidacy the elector objects to, or by the controlling
committee of that political party. The protest shall be in
writing, and shall be filed not later than four p.m. of the
seventy-fourth day before the day of the primary election. The
protest shall be filed with the election officials with whom the
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As Introduced
declaration of candidacy and petition was filed. Upon the filing
of the protest, the election officials with whom it is filed
shall promptly fix the time for hearing it, and shall forthwith
mail notice of the filing of the protest and the time fixed for
hearing to the person whose candidacy is so protested. They
shall also forthwith mail notice of the time fixed for such
hearing to the person who filed the protest. At the time fixed,
such election officials shall hear the protest and determine the
validity or invalidity of the declaration of candidacy and
petition. If they find that such candidate is not an elector of
the state, district, county, or political subdivision in which
the candidate seeks a party nomination or election to an office
or position, or has not fully complied with this chapter, the
candidate's declaration of candidacy and petition shall be
determined to be invalid and shall be rejected; otherwise, it
shall be determined to be valid. That determination shall be
final.
(2) A protest against the candidacy of any persons filing
a declaration of candidacy for joint party nomination to the
offices of governor and lieutenant governor shall be filed,
heard, and determined in the same manner as a protest against
the candidacy of any person filing a declaration of candidacy
singly.
(N)(1) The secretary of state shall, on the seventieth day
before the day of a primary election, certify to each board in
the state the forms of the official ballots to be used at the
primary election, together with the names of the candidates to
be printed on the ballots whose nomination or election is to be
determined by electors throughout the entire state and who filed
valid declarations of candidacy and petitions.
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702 H. B. No. 153 Page 25
As Introduced
(2) The board of the most populous county in a district
comprised of more than one county but less than all of the
counties of the state shall, on the seventieth day before the
day of a primary election, certify to the board of each county
in the district the names of the candidates to be printed on the
official ballots to be used at the primary election, whose
nomination or election is to be determined only by electors
within the district and who filed valid declarations of
candidacy and petitions.
(3) The board of a county within which the major portion
of the population of a subdivision smaller than the county and
situated in more than one county is located shall, on the
seventieth day before the day of a primary election, certify to
the board of each county in which a portion of that subdivision
is located the names of the candidates to be printed on the
official ballots to be used at the primary election, whose
nomination or election is to be determined only by electors
within that subdivision and who filed valid declarations of
candidacy and petitions.
Sec. 3513.052. (A) No person shall seek nomination or
election to any of the following offices or positions at the
same election by filing a declaration of candidacy and petition,
a declaration of intent to be a write-in candidate, or a
nominating petition, or by becoming a candidate through party
nomination in a primary election, or by the filling of a vacancy
under section 3513.30 or 3513.31 of the Revised Code:
(1) Two or more state offices;
(2) Two or more county offices;
(3) A state office and a county office;
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731 H. B. No. 153 Page 26
As Introduced
(4) A federal office and a state or county office;
(5) Any combination of two or more municipal or township
offices, positions as a member of a city, local, or exempted
village board of education, or positions as a member of a
governing board of an educational service center.
(B) The secretary of state or a board of elections shall
not accept for filing a declaration of candidacy and petition, a
declaration of intent to be a write-in candidate, or a
nominating petition of a person seeking to become a candidate if
that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-
in candidate, or a nominating petition, or has become a
candidate through party nomination at a primary election or by
the filling of a vacancy under section 3513.30 or 3513.31 of the
Revised Code for:
(1) Any federal, state, or county office, if the
declaration of candidacy, declaration of intent to be a write-in
candidate, or nominating petition is for a state or county
office;
(2) Any municipal or township office, or for member of a
city, local, or exempted village board of education, or for
member of a governing board of an educational service center, if
the declaration of candidacy, declaration of intent to be a
write-in candidate, or nominating petition is for a municipal or
township office, or for member of a city, local, or exempted
village board of education, or for member of a governing board
of an educational service center.
(C)(1) If the secretary of state determines, before the
day of the primary election, that a person is seeking nomination
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As Introduced
to more than one office at that election in violation of
division (A) of this section, the secretary of state shall do
one of the following:
(a) If each office or the district for each office for
which the person is seeking nomination is wholly within a single
county and none of those offices is a federal office, the
secretary of state shall notify the board of elections of that
county. The board then shall determine the date on which the
person first sought to become a candidate for each of those
offices by filing a declaration of candidacy or a declaration of
intent to be a write-in candidate or by the filling of a vacancy
under section 3513.30 of the Revised Code. The board shall vote
promptly to disqualify that person as a candidate for each
office for which the person sought to become a candidate after
the date on which the person first sought to become a candidate
for any of those offices. If the board determines that the
person sought to become a candidate for more than one of those
offices on the same date, the board shall vote promptly to
disqualify that person as a candidate for each office that would
be listed on the ballot below the highest office for which that
person seeks nomination, according to the ballot order
prescribed under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a
district larger than a single county and none of the offices for
which the person is seeking nomination is a federal office, the
secretary of state shall determine the date on which the person
first sought to become a candidate for each of those offices by
filing a declaration of candidacy or a declaration of intent to
be a write-in candidate or by the filling of a vacancy under
section 3513.30 of the Revised Code. The secretary of state
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As Introduced
shall order the board of elections of each county in which the
person is seeking to appear on the ballot to disqualify that
person as a candidate for each office for which the person
sought to become a candidate after the date on which the person
first sought to become a candidate for any of those offices. If
the secretary of state determines that the person sought to
become a candidate for more than one of those offices on the
same date, the secretary of state shall order the board of
elections of each county in which the person is seeking to
appear on the ballot to disqualify that person as a candidate
for each office that would be listed on the ballot below the
highest office for which that person seeks nomination, according
to the ballot order prescribed under section 3505.03 of the
Revised Code. Each board of elections so notified shall vote
promptly to disqualify the person as a candidate in accordance
with the order of the secretary of state.
(c) If each office or the district for each office for
which the person is seeking nomination is wholly within a single
county and any of those offices is a federal office, the
secretary of state shall notify the board of elections of that
county. The board then shall vote promptly to disqualify that
person as a candidate for each office that is not a federal
office.
(d) If one or more of the offices for which the person is
seeking nomination is a state office and any of the offices for
which the person is seeking nomination is a federal office, the
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that is
not a federal office. Each board of elections so notified shall
vote promptly to disqualify the person as a candidate in
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As Introduced
accordance with the order of the secretary of state.
(2) If a board of elections determines, before the day of
the primary election, that a person is seeking nomination to
more than one office at that election in violation of division
(A) of this section, the board shall do one of the following:
(a) If each office or the district for each office for
which the person is seeking nomination is wholly within that
county and none of those offices is a federal office, the board
shall determine the date on which the person first sought to
become a candidate for each of those offices by filing a
declaration of candidacy or a declaration of intent to be a
write-in candidate or by the filling of a vacancy under section
3513.30 of the Revised Code. The board shall vote promptly to
disqualify that person as a candidate for each office for which
the person sought to become a candidate after the date on which
the person first sought to become a candidate for any of those
offices. If the board determines that the person sought to
become a candidate for more than one of those offices on the
same date, the board shall vote promptly to disqualify that
person as a candidate for each office that would be listed on
the ballot below the highest office for which that person seeks
nomination, according to the ballot order prescribed under
section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking nomination is a state office or an office with a
district larger than a single county and none of the offices for
which the person is seeking nomination is a federal office, the
board shall notify the secretary of state. The secretary of
state then shall determine the date on which the person first
sought to become a candidate for each of those offices by filing
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As Introduced
a declaration of candidacy or a declaration of intent to be a
write-in candidate or by the filling of a vacancy under section
3513.30 of the Revised Code. The secretary of state shall order
the board of elections of each county in which the person is
seeking to appear on the ballot to disqualify that person as a
candidate for each office for which the person sought to become
a candidate after the date on which the person first sought to
become a candidate for any of those offices. If the secretary of
state determines that the person sought to become a candidate
for more than one of those offices on the same date, the
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that would
be listed on the ballot below the highest office for which that
person seeks nomination, according to the ballot order
prescribed under section 3505.03 of the Revised Code. Each board
of elections so notified shall vote promptly to disqualify the
person as a candidate in accordance with the order of the
secretary of state.
(c) If each office or the district for each office for
which the person is seeking nomination is wholly within a single
county and any of those offices is a federal office, the board
shall vote promptly to disqualify that person as a candidate for
each office that is not a federal office.
(d) If one or more of the offices for which the person is
seeking nomination is a state office and any of the offices for
which the person is seeking nomination is a federal office, the
board shall notify the secretary of state. The secretary of
state then shall order the board of elections of each county in
which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that is
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As Introduced
not a federal office. Each board of elections so notified shall
vote promptly to disqualify the person as a candidate in
accordance with the order of the secretary of state.
(D)(1) If the secretary of state determines, after the day
of the primary election and before the day of the general
election, that a person is seeking election to more than one
office at that election in violation of division (A) of this
section, the secretary of state shall do one of the following:
(a) If each office or the district for each office for
which the person is seeking election is wholly within a single
county and none of those offices is a federal office, the
secretary of state shall notify the board of elections of that
county. The board then shall determine the offices for which the
person seeks to appear as a candidate on the ballot. The board
shall vote promptly to disqualify that person as a candidate for
each office that would be listed on the ballot below the highest
office for which that person seeks election, according to the
ballot order prescribed under section 3505.03 of the Revised
Code. If the person sought nomination at a primary election and
has not yet been issued a certificate of nomination, the board
shall not issue that certificate for that person for any office
that would be listed on the ballot below the highest office for
which that person seeks election, according to the ballot order
prescribed under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which
the person is seeking election is a federal office, the
secretary of state shall promptly investigate and determine the
offices for which the person seeks to appear as a candidate on
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913 H. B. No. 153 Page 32
As Introduced
the ballot. The secretary of state shall order the board of
elections of each county in which the person is seeking to
appear on the ballot to disqualify that person as a candidate
for each office that would be listed on the ballot below the
highest office for which that person seeks election, according
to the ballot order prescribed under section 3505.03 of the
Revised Code. Each board of elections so notified shall vote
promptly to disqualify the person as a candidate in accordance
with the order of the secretary of state. If the person sought
nomination at a primary election and has not yet been issued a
certificate of nomination, the board shall not issue that
certificate for that person for any office that would be listed
on the ballot below the highest office for which that person
seeks election, according to the ballot order prescribed under
section 3505.03 of the Revised Code.
(c) If each office or the district for each office for
which the person is seeking election is wholly within a single
county and any of those offices is a federal office, the
secretary of state shall notify the board of elections of that
county. The board then shall vote promptly to disqualify that
person as a candidate for each office that is not a federal
office. If the person sought nomination at a primary election
and has not yet been issued a certificate of nomination, the
board shall not issue that certificate for that person for any
office that is not a federal office.
(d) If one or more of the offices for which the person is
seeking election is a state office and any of the offices for
which the person is seeking election is a federal office, the
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that is
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944 H. B. No. 153 Page 33
As Introduced
not a federal office. Each board of elections so notified shall
vote promptly to disqualify the person as a candidate in
accordance with the order of the secretary of state. If the
person sought nomination at a primary election and has not yet
been issued a certificate of nomination, the board shall not
issue that certificate for that person for any office that is
not a federal office.
(2) If a board of elections determines, after the day of
the primary election and before the day of the general election,
that a person is seeking election to more than one office at
that election in violation of division (A) of this section, the
board of elections shall do one of the following:
(a) If each office or the district for each office for
which the person is seeking election is wholly within that
county and none of those offices is a federal office, the board
shall determine the offices for which the person seeks to appear
as a candidate on the ballot. The board shall vote promptly to
disqualify that person as a candidate for each office that would
be listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code. If the person sought
nomination at a primary election and has not yet been issued a
certificate of nomination, the board shall not issue that
certificate for that person for any office that would be listed
on the ballot below the highest office for which that person
seeks election, according to the ballot order prescribed under
section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is
seeking election is a state office or an office with a district
larger than a single county and none of the offices for which
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974 H. B. No. 153 Page 34
As Introduced
the person is seeking election is a federal office, the board
shall notify the secretary of state. The secretary of state
promptly shall investigate and determine the offices for which
the person seeks to appear as a candidate on the ballot. The
secretary of state shall order the board of elections of each
county in which the person is seeking to appear on the ballot to
disqualify that person as a candidate for each office that would
be listed on the ballot below the highest office for which that
person seeks election, according to the ballot order prescribed
under section 3505.03 of the Revised Code. Each board of
elections so notified shall vote promptly to disqualify the
person as a candidate in accordance with the order of the
secretary of state. If the person sought nomination at a primary
election and has not yet been issued a certificate of
nomination, the board shall not issue that certificate for that
person for any office that would be listed on the ballot below
the highest office for which that person seeks election,
according to the ballot order prescribed under section 3505.03
of the Revised Code.
(c) If each office or the district for each office for
which the person is seeking election is wholly within that
county and any of those offices is a federal office, the board
shall vote promptly to disqualify that person as a candidate for
each office that is not a federal office. If the person sought
nomination at a primary election and has not yet been issued a
certificate of nomination, the board shall not issue that
certificate for that person for any office that is not a federal
office.
(d) If one or more of the offices for which the person is
seeking election is a state office and any of the offices for
which the person is seeking election is a federal office, the
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1005 H. B. No. 153 Page 35
As Introduced
board shall notify the secretary of state. The secretary of
state shall order the board of elections of each county in which
the person is seeking to appear on the ballot to disqualify that
person as a candidate for each office that is not a federal
office. Each board of elections so notified shall vote promptly
to disqualify the person as a candidate in accordance with the
order of the secretary of state. If the person sought nomination
at a primary election and has not yet been issued a certificate
of nomination, the board shall not issue that certificate for
that person for any office that is not a federal office.
(E) When a person is disqualified as a candidate under
division (C) or (D) of this section, on or before the seventieth
day before the day of the applicable election, the board of
elections shall remove the person's name from the ballot for any
office for which that person has been disqualified as a
candidate according to the directions of the secretary of state.
When a person is disqualified as a candidate under division (C)
or (D) of this section after the seventieth day before the day
of the applicable election, the board of elections shall not
remove the person's name from the ballot for any office for
which that person has been disqualified as a candidate. The
board of elections shall post a notice at each polling location
on the day of the applicable election, and shall enclose with
each absent voter's ballot given or mailed after the candidate
is disqualified, a notice that votes for the person for the
office for which the person has been disqualified as a candidate
will be void and will not be counted. If the name is not removed
from the ballots before the day of the election, the votes for
the disqualified candidate are void and shall not be counted.
(F) Any vacancy created by the disqualification of a
person as a candidate under division (C) or (D) of this section
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1036 H. B. No. 153 Page 36
As Introduced
may be filled in the manner provided for in sections 3513.30 and
3513.31 of the Revised Code.
(G) Nothing in this section or section 3513.04, 3513.041,
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,
3513.259, or 3513.261 of the Revised Code prohibits, and the
secretary of state or a board of elections shall not disqualify,
a person from being a candidate for an office, if that person
timely withdraws as a candidate for any offices specified in
division (A) of this section for which that person first sought
to become a candidate by filing a declaration of candidacy and
petition, a declaration of intent to be a write-in candidate, or
a nominating petition, by party nomination in a primary
election, or by the filling of a vacancy under section 3513.30
or 3513.31 of the Revised Code.
(H) As used in this section:
(1) "State office" means the offices of governor,
lieutenant governor, secretary of state, auditor of state,
treasurer of state, attorney general, member of the state board
of education, member of the general assembly, chief justice of
the supreme court, and justice of the supreme court.
(2) "Timely withdraws" means either of the following:
(a) Withdrawing as a candidate before the applicable
deadline for filing a declaration of candidacy, declaration of
intent to be a write-in candidate, or nominating petition for
the subsequent office for which the person is seeking to become
a candidate at the same election;
(b) Withdrawing as a candidate before the applicable
deadline for the filling of a vacancy under section 3513.30 or
3513.31 of the Revised Code, if the person is seeking to become
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1065 H. B. No. 153 Page 37
As Introduced
a candidate for a subsequent office at the same election under
either of those sections.
Sec. 3513.19. (A) It is the duty of any precinct election
official, whenever any such official doubts that a person
attempting to vote at a primary election is legally entitled to
vote at that election, to challenge the right of that person to
vote. The right of a person to vote at a primary election may be
challenged upon the following grounds:
(1) That the person whose right to vote is challenged is
not a legally qualified elector;
(2) That the person has received or has been promised some
valuable reward or consideration for the person's vote;
(3) That the person is not affiliated with or is not a
member of the political party whose ballot the person desires to
vote. Such party affiliation shall be determined by examining
the elector's voting record for the current year and the
immediately preceding two calendar years as shown on the voter's
registration card, using the standards of affiliation specified
in the seventh paragraph division (G) of section 3513.05 of the
Revised Code. Division (A)(3) of this section and the seventh
paragraph division (G) of section 3513.05 of the Revised Code do
not prohibit a person who holds an elective office for which
candidates are nominated at a party primary election from doing
any of the following:
(a) If the person voted as a member of a different
political party at any primary election within the current year
and the immediately preceding two calendar years, being a
candidate for nomination at a party primary held during the
times specified in division (C)(2) of section 3513.191 of the
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1094 H. B. No. 153 Page 38
As Introduced
Revised Code provided that the person complies with the
requirements of that section;
(b) Circulating the person's own petition of candidacy for
party nomination in the primary election.
(B) When the right of a person to vote is challenged upon
the ground set forth in division (A)(3) of this section,
membership in or political affiliation with a political party
shall be determined by the person's statement, made under
penalty of election falsification, that the person desires to be
affiliated with and supports the principles of the political
party whose primary ballot the person desires to vote.
Section 2. That existing sections 3311.053, 3501.01,
3505.03, 3505.04, 3513.04, 3513.05, 3513.052, and 3513.19 of the
Revised Code are hereby repealed.
Section 3. That sections 3513.254, 3513.255, 3513.256, and
3513.259 of the Revised Code are hereby repealed.
Section 4. This act first applies to the nomination of
candidates for the office of member of the State Board of
Education and member of a board of education, and the election
of those nominees at the following general election, beginning
with the next primary election held in an even-numbered year
that is held at least one hundred twenty days after the
effective date of this section.
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