As Introduced
136th General Assembly
Regular Session H. B. No. 196
2025-2026
Representatives Creech, King
A B I L L
To amend sections 3513.041, 3513.05, 3513.06,
3513.07, 3513.261, and 3513.271 and to enact
section 3513.053 of the Revised Code to allow an
elector who is not a member of a political party
to protest a person's candidacy for that party's
nomination on certain grounds and to provide
space on candidacy forms for former names.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3513.041, 3513.05, 3513.06,
3513.07, 3513.261, and 3513.271 be amended and section 3513.053
of the Revised Code be enacted to read as follows:
Sec. 3513.041. A write-in space shall be provided on the
ballot for every office, except in an election for which the
board of elections has received no valid declarations of intent
to be a write-in candidate under this section. Write-in votes
shall not be counted for any candidate who has not filed a
declaration of intent to be a write-in candidate pursuant to
this section. A qualified person who has filed a declaration of
intent may receive write-in votes at either a primary or general
election. Any candidate shall file a declaration of intent to be
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a write-in candidate before four p.m. of the seventy-second day
preceding the election at which such candidacy is to be
considered. If the election is to be determined by electors of a
county or a district or subdivision within the county, such
declaration shall be filed with the board of elections of that
county. If the election is to be determined by electors of a
subdivision located in more than one county, such declaration
shall be filed with the board of elections of the county in
which the major portion of the population of such subdivision is
located. If the election is to be determined by electors of a
district comprised of more than one county but less than all of
the counties of the state, such declaration shall be filed with
the board of elections of the most populous county in such
district. Any candidate for an office to be voted upon by
electors throughout the entire state shall file a declaration of
intent to be a write-in candidate with the secretary of state
before four p.m. of the seventy-second day preceding the
election at which such candidacy is to be considered. In
addition, candidates for president and vice-president of the
United States shall also file with the secretary of state by
that seventy-second day a slate of presidential electors
sufficient in number to satisfy the requirements of the United
States constitution.
A board of elections shall not accept for filing the
declaration of intent to be a write-in candidate 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 any
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federal, state, or county office, if the declaration of intent
to be a write-in candidate is for a state or county office, or
for any municipal or township office, 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 intent to be a write-in candidate 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.
No person shall file a declaration of intent to be a
write-in candidate for the office of governor unless the
declaration also shows the intent of another person to be a
write-in candidate for the office of lieutenant governor. No
person shall file a declaration of intent to be a write-in
candidate for the office of lieutenant governor unless the
declaration also shows the intent of another person to be a
write-in candidate for the office of governor. No person shall
file a declaration of intent to be a write-in candidate for the
office of governor or lieutenant governor if the person has
previously filed a declaration of intent to be a write-in
candidate to the office of governor or lieutenant governor at
the same primary or general election. A write-in vote for the
two candidates who file such a declaration shall be counted as a
vote for them as joint candidates for the offices of governor
and lieutenant governor.
The secretary of state shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
the office of governor unless the declaration also shows the
intent of another person to be a write-in candidate for the
office of lieutenant governor, shall not accept for filing the
declaration of intent to be a write-in candidate of a person for
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the office of lieutenant governor unless the declaration also
shows the intent of another person to be a write-in candidate
for the office of governor, and shall not accept for filing the
declaration of intent to be a write-in candidate of a person to
the office of governor or lieutenant governor 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 any other state office or any federal or county office.
Protests Except as otherwise provided in section 3513.053
of the Revised Code, protests against the candidacy of any
person filing a declaration of intent to be a write-in candidate
may be filed by any qualified elector who is eligible to vote in
the election at which the candidacy is to be considered. The
protest shall be in writing and shall be filed not later than
four p.m. of the sixty-seventh day before the day of the
election. The protest shall be filed with the board of elections
with which the declaration of intent to be a write-in candidate
was filed. Upon the filing of the protest, the board with which
it is filed shall promptly fix the time for hearing it and shall
proceed in regard to the hearing in the same manner as for
hearings set for protests filed under section 3513.05 of the
Revised Code. At the time fixed, the board shall hear the
protest and determine the validity or invalidity of the
declaration of intent to be a write-in candidate. If the board
finds that the candidate is not an elector of the state,
district, county, or political subdivision in which the
candidate seeks election to office or has not fully complied
with the requirements of Title XXXV of the Revised Code in
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regard to the candidate's candidacy, the candidate's declaration
of intent to be a write-in candidate shall be determined to be
invalid and shall be rejected; otherwise, it shall be determined
to be valid. The determination of the board is final.
The secretary of state shall prescribe the form of the
declaration of intent to be a write-in candidate.
Sec. 3513.05. 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
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
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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.
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.
Except as otherwise provided in this paragraph, 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 candidate is a member. 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, 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.
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
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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.
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-
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.
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.
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.
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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.
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.
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.
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
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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
to contain signatures of electors of the portion of such
subdivision in the county of each such board.
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.
Protests Except as otherwise provided in section 3513.053
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of the Revised Code, 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 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.
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,
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heard, and determined in the same manner as a protest against
the candidacy of any person filing a declaration of candidacy
singly.
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.
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.
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. 3513.053. Notwithstanding any provision of section
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3513.041 or 3513.05 of the Revised Code to the contrary, any
elector who is eligible to vote at the general election for an
office may file a protest under those sections against a
person's candidacy for a political party's nomination for the
office on the ground that, if elected to the office, the person
would be ineligible to hold the office for any of the following
reasons:
(A) The person is not a United States citizen.
(B) The person would not have attained the minimum age to
hold the office.
(C) The person would exceed an applicable term limit or
age limit.
(D) The person would be ineligible to hold the office by
reason of a criminal conviction.
(E) The person is in violation of section 3513.052 or
3513.271 of the Revised Code.
Sec. 3513.06. If any person desiring to become a candidate
for public office has had a change of name within five years
immediately preceding the filing of the person's declaration of
candidacy, the person's declaration of candidacy and petition
shall both contain, immediately following the person's present
name, on a space provided for the purpose, the person's former
names. Any person who has been elected under the person's
changed name, without submission of the person's former name,
shall be immediately suspended from the office and the office
declared vacated, and shall be liable to the state for any
salary he the person has received while holding such office. The
attorney general in the case of candidates for state offices,
the prosecuting attorney of the most populous county in a
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district in the case of candidates for district offices, and the
prosecuting attorney of the county in the case of all other
candidates shall institute necessary action to enforce this
section.
This section does not apply to a change of name by reason
of marriage; to a candidate for a state office who has once
complied with this section and who has previously been elected
to a state office; to a candidate for a district office who has
once complied with this section and who has previously been
elected to a state or district office; to a candidate for a
county office who has once complied with this section and has
previously been elected to a state, district, or county office;
to a candidate for a municipal office who has once complied with
this section and has previously been elected to a municipal
office; or to a candidate for a township office who has once
complied with this section and has previously been elected to a
township office; provided that such previous election was one at
which his the candidate's candidacy complied with this section.
Sec. 3513.07. The form of declaration of candidacy and
petition of a person desiring to be a candidate for a party
nomination or a candidate for election to an office or position
to be voted for at a primary election shall be substantially as
follows:
"DECLARATION OF CANDIDACY PARTY PRIMARY ELECTION
I, ___________________________ (Name of Candidate), the
undersigned, formerly __________________________ (any former
names used by the Candidate within the last five years, except
where the change of name was the result of marriage), hereby
declare under penalty of election falsification that my voting
residence is in _______________ precinct of the
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_____________________________ (Township) or (Ward and City or
Village) in the county of ________________, Ohio; that my voting
residence is _______________ (Street and Number, if any, or
Rural Route and Number) of the _____________________________
(City or Village) of _________________, Ohio; and that I am a
qualified elector in the precinct in which my voting residence
is located. I am a member of the ________ Party. I hereby
declare that I desire to be ____________________ (a candidate
for nomination as a candidate of the Party for election to the
office of _____________) (a candidate for election to the office
or position of ______________) for the ____________ in the
state, district, (Full term or unexpired term ending
_______________) county, city, or village of
___________________, at the primary election to be held on the
_____________ day of _________, ____, and I hereby request that
my name be printed upon the official primary election ballot of
the said __________ Party as a candidate for _________ (such
nomination) or (such election) as provided by law.
I further declare that, if elected to said office or
position, I will qualify therefor, and that I will support and
abide by the principles enunciated by the ____________ Party.
Dated this __________ day of _________________, _________
__________________________________
(Signature of candidate)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE.
PETITION OF CANDIDATE
We, the undersigned, qualified electors of the state of
Ohio, whose voting residence is in the county, city, village,
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ward, township, or school district, and precinct set opposite
our names, and members of the
_______________________________________ Party, hereby certify
that ____________________________ (Name of candidate) , formerly
__________________________ (any former names used by the
candidate within the last five years, except where the change of
name was the result of marriage), whose declaration of candidacy
is filed herewith, is a member of the ____________ Party, and
is, in our opinion, well qualified to perform the duties of the
office or position to which that candidate desires to be
elected.
Street City,
and Village or
Signature Number Township Ward Precinct County Date
(Must use address on file with the board of elections)
________________________________________________________________
________________________________________________________________
________________________________________________________________
- _______________________________________ (Name of circulator
of petition), declares under penalty of election falsification
that the circulator of the petition is a qualified elector of
the state of Ohio and resides at the address appearing below the
signature of that circulator; that the circulator is a member of
the ___________ Party; that the circulator is the circulator of
the foregoing petition paper containing _____________ (Number)
signatures; that the circulator witnessed the affixing of every
signature; that all signers were to the best of the circulator's
knowledge and belief qualified to sign; and that every signature
is to the best of the circulator's knowledge and belief the
signature of the person whose signature it purports to be or of
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an attorney in fact acting pursuant to section 3501.382 of the
Revised Code.
_____________________________
(Signature of circulator)
____________________________
(Address of circulator's
permanent residence in this
state)
_________________________
(If petition is for a
statewide candidate, the
name and address of person
employing to circulate
petition, if any)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
The secretary of state shall prescribe a form of
declaration of candidacy and petition, and the form shall be
substantially similar to the declaration of candidacy and
petition set forth in this section, that will be suitable for
joint candidates for the offices of governor and lieutenant
governor.
The petition provided for in this section shall be
circulated only by a member of the same political party as the
candidate.
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Sec. 3513.261. A nominating petition may consist of one or
more separate petition papers, each of which shall be
substantially in the form prescribed in this section. If the
petition consists of more than one separate petition paper, the
statement of candidacy of the candidate or joint candidates
named need be signed by the candidate or joint candidates on
only one of such separate petition papers, but the statement of
candidacy so signed shall be copied on each other separate
petition paper before the signatures of electors are placed on
it. Each nominating petition containing signatures of electors
of more than one county shall consist of separate petition
papers each of which shall contain signatures of electors of
only one county; provided that petitions containing signatures
of electors of more than one county shall not thereby be
declared invalid. In case petitions containing signatures of
electors of more than one county are filed, the board of
elections shall determine the county from which the majority of
the signatures came, and only signatures from this county shall
be counted. Signatures from any other county shall be invalid.
All signatures on nominating petitions shall be written in
ink or indelible pencil.
At the time of filing a nominating petition, the candidate
designated in the nominating petition, and joint candidates for
governor and lieutenant governor, shall pay to the election
officials with whom it is filed the fees specified for the
office under divisions (A) and (B) of section 3513.10 of the
Revised Code. The fees shall be disposed of by those election
officials in the manner that is provided in section 3513.10 of
the Revised Code for the disposition of other fees, and in no
case shall a fee required under that section be returned to a
candidate.
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499 H. B. No. 196 Page 18
As Introduced
Candidates or joint candidates whose names are written on
the ballot, and who are elected, shall pay the same fees under
section 3513.10 of the Revised Code that candidates who file
nominating petitions pay. Payment of these fees shall be a
condition precedent to the granting of their certificates of
election.
Each nominating petition shall contain a statement of
candidacy that shall be signed by the candidate or joint
candidates named in it or by an attorney in fact acting pursuant
to section 3501.382 of the Revised Code. Such statement of
candidacy shall contain a declaration made under penalty of
election falsification that the candidate desires to be a
candidate for the office named in it, and that the candidate is
an elector qualified to vote for the office the candidate seeks.
The form of the nominating petition and statement of
candidacy shall be substantially as follows:
"STATEMENT OF CANDIDACY
I, ___________________________________ (Name of
candidate), formerly __________________________ (any former
names used by the Candidate within the last five years, except
where the change of name was the result of marriage), the
undersigned, hereby declare under penalty of election
falsification that my voting residence is in ________________
__________ Precinct of the _________________________ (Township)
or (Ward and City, or Village) in the county of _______________
Ohio; that my post-office address is
____________________________ (Street and Number, if any, or
Rural Route and Number) of the _______________________________
(City, Village, or post office) of ____________________, Ohio;
and that I am a qualified elector in the precinct in which my
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529 H. B. No. 196 Page 19
As Introduced
voting residence is located. I hereby declare that I desire to
be a candidate for election to the office of ______________ in
the ________________________ (State, District, County, City,
Village, Township, or School District) for the
______________________________________ (Full term or unexpired
term ending ________________) at the General Election to be held
on the ___________ day of ___________, ____
I further declare that I am an elector qualified to vote
for the office I seek. Dated this _______ day of ______________,
____
___________________________
(Signature of candidate)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE.
I, _________________________________, hereby constitute
the persons named below a committee to represent me:
Name Residence
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
_______________________________________________________________
________________________________________________________________
NOMINATING PETITION
We, the undersigned, qualified electors of the state of
Ohio, whose voting residence is in the County, City, Village,
Ward, Township or Precinct set opposite our names, hereby
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555 H. B. No. 196 Page 20
As Introduced
nominate ____________________ , formerly
__________________________ (any former names used by the
candidate within the last five years, except where the change of
name was the result of marriage), as a candidate for election to
the office of ___________________________ in the
____________________________ (State, District, County, City,
Village, Township, or School District) for the _________________
(Full term or unexpired term ending ___________________) to be
voted for at the general election next hereafter to be held, and
certify that this person is, in our opinion, well qualified to
perform the duties of the office or position to which the person
desires to be elected.
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A Street
B Address
C or R.F.D.
D (Must use
E address on City,
F file with Village
G the board of or Date of
H Signatureelections) TownshipWard PrecinctCountySigning
____________________________________________________________
____________________________________________________________
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570 H. B. No. 196 Page 21
As Introduced
____________________________________________________________
___________________________, declares under penalty of election
falsification that such person is a qualified elector of the
state of Ohio and resides at the address appearing below such
person's signature hereto; that such person is the circulator of
the foregoing petition paper containing ________________
signatures; that such person witnessed the affixing of every
signature; that all signers were to the best of such person's
knowledge and belief qualified to sign; and that every signature
is to the best of such person's knowledge and belief the
signature of the person whose signature it purports to be or of
an attorney in fact acting pursuant to section 3501.382 of the
Revised Code.
___________________________
(Signature of circulator)
___________________________
(Address of circulator's
permanent residence
in this state)
___________________________
(If petition is for a statewide
candidate, the name and address
of person employing circulator
to circulate petition, if any)
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A
FELONY OF THE FIFTH DEGREE."
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596 H. B. No. 196 Page 22
As Introduced
The secretary of state shall prescribe a form of
nominating petition for a group of candidates for the office of
member of a board of education, township office, and offices of
municipal corporations of under two thousand population.
The secretary of state shall prescribe a form of statement
of candidacy and nominating petition, which shall be
substantially similar to the form of statement of candidacy and
nominating petition set forth in this section, that will be
suitable for joint candidates for the offices of governor and
lieutenant governor.
If such petition nominates a candidate whose election is
to be determined by the electors of a county or a district or
subdivision within the county, it shall be filed with the board
of such county. If the petition nominates a candidate whose
election is to be determined by the voters of a subdivision
located in more than one county, it shall be filed with the
board of the county in which the major portion of the population
of such subdivision is located.
If the petition nominates a candidate whose election is to
be determined by the electors of a district comprised of more
than one county but less than all of the counties of the state,
it shall be filed with the board of elections of the most
populous county in such district. If the petition nominates a
candidate whose election is to be determined by the electors of
the state at large, it shall be filed with the secretary of
state.
The secretary of state or a board of elections shall not
accept for filing 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
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626 H. B. No. 196 Page 23
As Introduced
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 any federal, state, or county
office, if the nominating petition is for a state or county
office, or for any municipal or township office, 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 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.
Sec. 3513.271. If any person desiring to become a
candidate for public office has had a change of name within five
years immediately preceding the filing of his the person's
statement of candidacy, both his the person's statement of
candidacy and nominating petition must contain, immediately
following the person's present name, on a space provided for the
purpose, the person's former names. Any person who has been
elected under the person's changed name, without submission of
the person's former name, shall be immediately suspended from
the office and the office declared vacated, and shall be liable
to the state for any salary the person has received while
holding such office. The attorney general in the case of
candidates for state offices, the prosecuting attorney of the
most populous county in a district in the case of candidates for
district offices, and the prosecuting attorney of the county in
the case of all other candidates shall institute necessary
action to enforce this section.
This section does not apply to a change of name by reason
of marriage; to a candidate for a state office who has once
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657 H. B. No. 196 Page 24
As Introduced
complied with this section and who has previously been elected
to a state office; to a candidate for a district office who has
once complied with this section and who has previously been
elected to a state or district office; to a candidate for a
county office who has once complied with this section and has
previously been elected to a state, district, or county office;
to a candidate for a municipal office who has once complied with
this section and has previously been elected to a municipal
office; or to a candidate for a township office who has once
complied with this section and has previously been elected to a
township office; provided that such previous election was one at
which his the person's candidacy complied with this section.
Section 2. That existing sections 3513.041, 3513.05,
3513.06, 3513.07, 3513.261, and 3513.271 of the Revised Code are
hereby repealed.
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