OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 71* Bill Analysis
135th General Assembly
Click here for S.B. 71’s Fiscal Note
Version: As Reported by House Government Oversight
Primary Sponsor: Sen. Gavarone
Effective date:
S. Ben Fogle, Attorney
SUMMARY
▪ Allows any elector who is eligible to vote for an office at the general election to file a
protest against a primary candidate for that office on certain grounds.
▪ Requires declarations of candidacy and nominating petitions to have a space after the
candidate’s name instructing the candidate to provide any former names used in the last
five years, other than names changed as the result of marriage.
▪ Permits party central committees to fill vacancies using a secret ballot process.
DETAILED ANALYSIS
Primary candidate protests
The bill allows any elector who is eligible to vote for an office at the general election to
file a protest against a primary candidate for that office on certain grounds. Currently, only (1) an
elector who is affiliated with the same political party as a primary candidate and is eligible to vote
for the candidate or (2) the party’s controlling committee may challenge a primary candidate for
any reason.
Under the bill, any elector who is eligible to vote for an office at the general election,
regardless of party affiliation, may challenge a primary candidate for that office on the ground
that, if elected to the office, the candidate would be ineligible to hold the office because the
candidate:
* This analysis was prepared before the report of the House Government Oversight Committee appeared
in the House Journal. Note that the legislative history may be incomplete.
December 17, 2024
Office of Research and Drafting LSC Legislative Budget Office
▪ Is not a U.S. citizen;
▪ Would not have attained the minimum age to hold the office;
▪ Would exceed an applicable term limit or age limit;
▪ Would be ineligible to hold the office by reason of a criminal conviction;
▪ Is already a candidate for another public office; or
▪ Was required to include a former name on the candidate’s filing and did not do so.
Under continuing law, only a member of a primary candidate’s political party who is
eligible to vote for the candidate or the party’s controlling committee may challenge the
candidate on any other ground, such as that the candidate:
▪ Did not correctly fill out the candidate’s filings, collect enough valid signatures, or meet
the filing deadline;
▪ Is not a resident of Ohio or of the relevant political subdivision;
▪ Lacks a professional qualification to hold the office, such as for a judicial office; or
▪ Is in violation of the law that limits candidates’ ability to switch political parties.
Continuing law requires any protest to be filed in writing with the election officials by 4:00
pm on the 74th day before the primary election (the 67th day for a write-in candidate). The
election officials must hold a hearing to determine the validity or invalidity of the person’s
candidacy and required filings. If the election officials find that the candidate is not qualified to
hold the office or has not fully complied with the applicable filing requirements, they must reject
the candidate’s filing.1
Under continuing law, an independent or nonpartisan candidate or a candidate of a newly
formed political party may be challenged by any elector who is eligible to vote for the office, on
any available ground.2
Former names on candidacy petitions
The bill also changes the format of declarations of candidacy and nominating petitions,
requiring them to have a space after a candidate’s name, followed by parenthetical instructions
to provide any names used in the last five years, other than names changed as the result of
marriage. Continuing law requires candidates to write down these former names after their
current name on their declaration of candidacy or petition, but these forms typically do not have
1R.C. 3513.053 and conforming changes in R.C. 3513.041 and 3513.05. See also R.C. 3513.271, and see
R.C. 3513.052, and 3513.191, not in the bill, and Ohio Constitution, Article II, Sections 2 to 5 and Article
XV, Section 4.
2 R.C. 3513.262 and 3517.012, not in the bill.
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a space for, or instructions regarding, former names. Under continuing law, this requirement
does not apply to names changed as the result of marriage, or for elected officials who have
previously complied with the law – i.e., listed a former name on a previous declaration of
candidacy or nominating petition (with caveats about which previous offices “cover” the office
the candidate is running for3).
Under continuing law, a person desiring to become a candidate for public office in a party
primary must submit a declaration of candidacy, along with a petition containing a certain
number of signatures. Continuing law requires both forms to list former names, and the bill
requires both to have spaces for, and instructions regarding, these names. The same is true for
nominating petitions, which generally are used by persons desiring to become an independent
candidate for office.
Under continuing law, a person who fails to include an applicable former name, and who
is subsequently elected, is “immediately suspended from the office” and the office is declared
vacated. The person is also liable to the state for any salary the person received while holding
office.4
County central committees – filling vacancies
The bill permits a county central committee, if there is a vacancy in the office of county
commissioner, prosecuting attorney, county auditor, county treasurer, clerk of the court of
common pleas, sheriff, county recorder, county engineer, or coroner, if the official was elected
as a partisan candidate, to fill the vacancy using a secret ballot process (requiring a majority vote
as under continuing law).5
HISTORY
Action Date
Introduced 02-22-23
Reported, S. General Gov’t 05-17-23
Passed Senate (24-7) 05-17-23
Reported, H. Gov’t Oversight ---
ANSB0071RH-135/sb
3 See R.C. 3513.06.
4 R.C. 3513.06, 3513.07, 3513.261, and 3513.271.
5 R.C. 305.02.
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As Reported by House Government Oversight


Statutes affected:
As Introduced: 3503.13, 3503.15, 3505.31
As Reported By Senate Committee: 3503.13, 3503.15, 3505.31
As Passed By Senate: 3503.13, 3503.15, 3505.31