As Introduced
136th General Assembly
Regular Session S. B. No. 63
2025-2026
Senators Gavarone, DeMora
A B I LL
To amend sections 3501.01 and 5747.502 and to enact
sections 3505.011, 3513.141, 5747.504, and
5747.505 of the Revised Code to generally
prohibit the use of ranked choice voting and to
withhold Local Government Fund distributions
from a municipality or chartered county that
uses ranked choice voting.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.01 and 5747.502 be amended
and sections 3505.011, 3513.141, 5747.504, and 5747.505 of the
Revised Code be enacted to read as follows:
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
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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
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
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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
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
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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
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
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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
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.
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(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;
(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
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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
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
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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.
(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.
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(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.
(EE) "Ranked choice voting" and "instant runoff voting"
mean a method of nominating or electing one or more candidates
to an office as follows:
(1) Voters rank candidates on the ballot in order of
preference.
(2) Tabulation proceeds in rounds such that in each round,
one or more candidates are nominated or elected or a last-place
candidate is defeated.
(3) Votes are transferred from nominated, elected, or
defeated candidates to the voter's next-ranked candidate or
candidates in order of preference.
(4) Tabulation ends when a candidate receives the majority
of the votes cast or when the number of candidates nominated or
elected equals the number of offices to be filled, as
applicable.
Sec. 3505.011. (A) Except as otherwise permitted under
Article X or Article XVIII, Ohio Constitution, no election shall
be conducted in this state using ranked choice voting or instant
runoff voting.
(B) If the secretary of state determines that a county or
municipal corporation has, by resolution or ordinance, approved
the use of ranked choice voting or instant runoff voting in an
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election, then the county or municipal corporation is ineligible
to receive any local government fund distributions from the
state during the period beginning with the month following the
adoption of the resolution or ordinance and ending with the
month following the last day it is in effect. Upon making that
determination, the secretary of state promptly shall notify the
tax commissioner of the county or municipal corporation's
ineligibility.
(C) Upon determining that a county or municipal
corporation has, by resolution or ordinance, rescinded previous
approval for the use of ranked choice voting that resulted in
notice to the tax commissioner under division (B) of this
section, the secretary of state shall promptly notify the tax
commissioner of the rescission.
Sec. 3513.141. (A) Except as otherwise permitted under
Article X or Article XVIII, Ohio Constitution, no primary
election shall be conducted in this state using ranked choice
voting or instant runoff voting.
(B) If the secretary of state determines that a county or
municipal corporation has, by resolution or ordinance, approved
the use of ranked choice voting or instant runoff voting in a
primary election, then the county or municipal corporation is
ineligible to receive any local government fund distributions
from the state during the period beginning with the month
following the adoption of the resolution or ordinance and ending
with the month following the last day it is in effect. Upon
making that determination, the secretary of state promptly shall
notify the tax commissioner of the county or municipal
corporation's ineligibility.
(C) Upon determining that a county or municipal
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corporation has, by resolution or ordinance, rescinded previous
approval for the use of ranked choice voting that resulted in
notice to the tax commissioner under division (B) of this
section, the secretary of state shall promptly notify the tax
commissioner of the rescission.
Sec. 5747.502. (A) As used in this section:
(1) "Local authority" and "traffic law photo-monitoring
device" have the same meanings as in section 4511.092 of the
Revised Code.
(2) "School zone" has the same meaning as in section
4511.21 of the Revised Code.
(3) "Transportation district" means a territorial district
established by the director of transportation under section
5501.14 of the Revised Code.
(4) "District deputy director" means the person appointed
and assigned by the director of transportation under section
5501.14 of the Revised Code to administer the activities of a
transportation district.
(5) "Gross amount" means the entire amount of traffic
camera fines and fees paid by a driver.
(6) "Local government fund adjustment" or "LGF adjustment"
means the sum of:
(a) The gross amount of all traffic camera fines collected
by a local authority during the preceding fiscal year, as
reported under division (B)(1) of this section, if such a report
is required; plus
(b) The residual adjustment computed for the local
authority under division (B)(4) of this section, if such an
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adjustment applies.
(7) "Local government fund payments" or "LGF payments"
means the payments a local authority would receive under
sections 5747.502 5747.503, 5747.51, and 5747.53, and division
(C) of section 5747.50 of the Revised Code, as applicable, if
not for the reductions required by divisions (C) and (D) of this
section.
(8) "Residual adjustment" means the most recent LGF
adjustment computed for a local authority under division (B)(2)
or (3) of this section minus the sum of the reductions applied
after that computation under division (C) of this section to the
local authority's LGF payments.
(9) "Traffic camera fines" means civil fines for any
violation of any local ordinance or resolution that are based
upon evidence recorded by a traffic law photo-monitoring device.
(10) "Qualifying village" has the same meaning as in
section 5747.503 of the Revised Code.
(B)(1) Annually, on or before the thirty-first day of
July, any local authority that directly or indirectly collected
traffic camera fines during the preceding fiscal year shall file
a report with the tax commissioner that includes a detailed
statement of the gross amount of all traffic camera fines the
local authority collected during that period and the gross
amount of such fines that the local authority collected for
violations that occurred within a school zone.
(2) Annually, on or before the tenth day of August, the
commissioner shall compute a local government fund adjustment
for each local authority that files a report under division (B)
(1) of this section or with respect to which a residual
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adjustment applies. Subject to division (B)(3) of this section
and section 5747.505 of the Revised Code , the LGF adjustment
shall be used by the commissioner to determine the amount of the
reductions required under division (C) of this section for each
of the next twelve months, starting with the month in which the
LGF adjustment is computed. After those twelve months, the LGF
adjustment ceases to apply and, if an LGF adjustment continues
to be required, the amount of the reductions required under
division (C) of this section shall be determined based on an
updated LGF adjustment computed under this division.
(3) Upon receipt of a report described by division (B)(1)
of this section that is not timely filed, the commissioner shall
do both of the following:
(a) If one or more payments to the local authority has
been withheld under division (D) of this section because of the
local authority's failure to file the report, notify the county
auditor and county treasurer of the appropriate county that the
report has been received and that, subject to division (C) of
this section, payments to the local authority from the undivided
local government fund are to resume.
(b) Compute the local authority's LGF adjustment using the
information in the report. An LGF adjustment computed under this
division shall be used by the commissioner to determine the
amount of the reductions required under division (C) of this
section starting with the next required reduction. The LGF
adjustment ceases to apply on the thirty-first day of the
ensuing July, following which, if an LGF adjustment continues to
be required, the amount of the reductions required under
division (C) of this section shall be determined based on an
updated LGF adjustment computed under division (B)(2) of this
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section.
(4) Annually, on or before the tenth day of August, the
commissioner shall compute a residual adjustment for each local
authority whose LGF adjustment for the preceding year exceeds
the amount by which the local authority's LGF payments were
reduced during that year under division (C) of this section. The
residual adjustment shall be used to compute the LGF adjustment
for the ensuing year under division (B)(2) of this section.
(C) The Subject to section 5747.505 of the Revised Code,
the commissioner shall do the following, as applicable,
respecting any local authority to which an LGF adjustment
computed under division (B) of this section applies:
(1) If the local authority is a municipal corporation with
a population of one thousand or more, reduce payments to the
municipal corporation under division (C) of section 5747.50 of
the Revised Code by one-twelfth of the LGF adjustment. If one-
twelfth of the LGF adjustment exceeds the amount of money the
municipal corporation would otherwise receive under division (C)
of section 5747.50 of the Revised Code, the commissioner also
shall reduce payments to the appropriate county undivided local
government fund under division (B) of section 5747.50 of the
Revised Code by an amount equal to the lesser of (a) one-twelfth
of the excess, or (b) the amount of the payment the municipal
corporation would otherwise receive from the fund under section
5747.51 or 5747.53 of the Revised Code.
(2) If the local authority is a township or qualifying
village, reduce the supplemental payments to the appropriate
county undivided local government fund under section 5747.503 of
the Revised Code by the lesser of one-twelfth of the LGF
adjustment, or the amount of money the township or qualifying
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village would otherwise receive under that section. If one-
twelfth of the LGF adjustment exceeds the amount of money the
township or qualifying village would otherwise receive under
section 5747.503 of the Revised Code, the commissioner also
shall reduce payments to the appropriate county undivided local
government fund under division (B) of section 5747.50 of the
Revised Code by an amount equal to the lesser of (a) one-twelfth
of the excess, or (b) the amount of the payment the township or
qualifying village would otherwise receive from the fund under
section 5747.51 or 5747.53 of the Revised Code.
(3) If the local authority is a county, reduce payments to
the appropriate county undivided local government fund under
division (B) of section 5747.50 of the Revised Code by an amount
equal to the lesser of (a) one-twelfth of the LGF adjustment, or
(b) the amount of the payment the county would otherwise receive
from the fund under section 5747.51 or 5747.53 of the Revised
Code.
(4) For any local authority, on or before the tenth day of
each month a reduction is made under division (C)(1), (2), or
(3) of this section, make a payment to the local authority in an
amount equal to the lesser of (a) one-twelfth of the gross
amount of traffic camera fines the local authority collected in
the preceding fiscal year for violations that occurred within a
school zone, as indicated on the report filed by the local
authority pursuant to division (B)(1) of this section, or (b)
the amount by which the local authority's LGF payments were
reduced that month pursuant to division (C)(1), (2), or (3) of
this section. Payments received by a local authority under this
division shall be used by the local authority for school safety
purposes.
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(D) Upon Subject to section 5747.505 of the Revised Code,
upon discovery, based on information in the commissioner's
possession, that a local authority required to file a report
under division (B)(1) of this section has failed to do so, the
commissioner shall do the following, as applicable:
(1) If the local authority is a municipal corporation with
a population of one thousand or more, cease providing for
payments to the municipal corporation under section 5747.50 of
the Revised Code beginning with the next required payment and
until such time as the report is received by the commissioner;
(2) If the local authority is a township or qualifying
village, reduce the supplemental payments to the appropriate
county undivided local government fund under section 5747.503 of
the Revised Code by an amount equal to the amount of such
payments the local authority would otherwise receive under that
section, beginning with the next required payment and until such
time as the report is received by the commissioner;
(3) For any local authority, reduce payments to the
appropriate county undivided local government fund under
division (B) of section 5747.50 of the Revised Code by an amount
equal to the amount of such payments the local authority would
otherwise receive under section 5747.51 or 5747.53 of the
Revised Code, beginning with the next required payment and until
such time as the report is received by the commissioner;
(4) For any local authority, notify the county auditor and
county treasurer that such payments are to cease until the
commissioner notifies the auditor and treasurer under division
(E) of this section that the payments are to resume.
(E) The commissioner shall notify the county auditor and
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county treasurer on or before the day the commissioner first
reduces a county undivided local government fund payment to that
county under division (C) of this section. The notice shall
include the full amount of the reduction, a list of the local
authorities to which the reduction applies, and the amount of
reduction attributed to each such local authority. The
commissioner shall send an updated notice to the county auditor
and county treasurer any time the amount the reduction
attributed to any local authority changes.
A county treasurer that receives a notice from the
commissioner under this division or division (B)(3)(a) or (D)(4)
of this section shall reduce, cease, or resume payments from the
undivided local government fund to the local authority that is
the subject of the notice as specified by the commissioner in
the notice. Unless otherwise specified in the notice, the
payments shall be reduced, ceased, or resumed beginning with the
next required payment.
(F) There is hereby created in the state treasury the Ohio
highway and transportation safety fund. On or before the tenth
day of each month, the commissioner shall deposit in the fund an
amount equal to the total amount by which payments to local
authorities were reduced or ceased under division (C) or (D) of
this section minus the total amount of payments made under
division (C)(4) of this section. The amount deposited with
respect to a local authority shall be credited to an account to
be created in the fund for the transportation district in which
that local authority is located. If the local authority is
located within more than one transportation district, the amount
credited to the account of each such transportation district
shall be prorated on the basis of the number of centerline miles
of public roads and highways in both the local authority and the
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respective districts. Amounts credited to a transportation
district's account shall be used by the department of
transportation and the district deputy director exclusively to
enhance public safety on public roads and highways within that
transportation district.
Sec. 5747.504. (A) As used in this section, "local
government fund payments" means the payments a municipal
corporation or county would receive under sections 5747.503,
5747.51, and 5747.53, and division (C) of section 5747.50 of the
Revised Code, as applicable, if not for the reductions required
by this section or section 5747.502 of the Revised Code.
(B) Beginning with the month following receipt of a notice
from the secretary of state pursuant to division (B) of section
3505.011 or 3513.141 of the Revised Code, the tax commissioner
shall do the following, as applicable:
(1) If the notice concerns a municipal corporation with a
population of one thousand or more, cease providing for payments
to the municipal corporation under section 5747.50 of the
Revised Code beginning with the next required payment;
(2) If the notice concerns a qualifying village, as
defined in section 5747.503 of the Revised Code, reduce the
supplemental payments to the appropriate county undivided local
government fund under section 5747.503 of the Revised Code by an
amount equal to the amount of such payments the qualifying
village would otherwise receive under that section, beginning
with the next required payment;
(3) For any county or municipal corporation identified in
the notice, reduce payments to the appropriate county undivided
local government fund under division (B) of section 5747.50 of
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the Revised Code by an amount equal to the amount of such
payments the county or municipal corporation would otherwise
receive under section 5747.51 or 5747.53 of the Revised Code,
beginning with the next required payment.
(C) Subject to section 5747.505 of the Revised Code, upon
receiving notice from the secretary of state, under division (C)
of section 3505.11 or 3513.141 of the Revised Code, that a
county or municipal corporation has, by resolution or ordinance,
rescinded previous approval for the use of ranked choice voting,
the commissioner shall resume all local government fund payments
ceased or reduced under division (B) of this section due to that
county's or municipal corporation's use of ranked choice voting.
(D)(1) The commissioner shall notify the county auditor
and county treasurer on or before the day the commissioner first
reduces a county undivided local government fund payment to that
county under division (B)(3) of this section. The notice shall
include the full amount of the reduction, a list of the counties
and municipal corporations to which the reduction applies, and
the amount of reduction attributed to each such county or
municipal corporation.
(2) The commissioner shall also notify the county auditor
and county treasurer on or before the day that the commissioner
first resumes payments to the county undivided local government
fund under division (C) of this section. The notification shall
include a list of the counties or municipal corporations that
are again eligible to receive local government fund payments.
(3) Subject to section 5747.505 of the Revised Code, a
county treasurer that receives a notice from the commissioner
under division (D)(1) or (2) of this section shall cease or
resume payments from the undivided local government fund to the
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As Introduced
county or municipal corporation that is the subject of the
notice as specified by the commissioner in the notice.
(E) On or before the tenth day of each month, the
commissioner shall transfer from the local government fund to
the general revenue fund the sum of the payments withheld that
month under division (B) of this section.
Sec. 5747.505. If a municipal corporation or county is
subject to more than one reduction required by sections 5747.502
and 5747.504 of the Revised Code for the same month, the tax
commissioner shall apply the reduction required by section
5747.504 of the Revised Code first and deposit the amount of
payments withheld to the general revenue fund under division (E)
of that section.
Section 2. That existing sections 3501.01 and 5747.502 of
the Revised Code are hereby repealed.
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