OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 92* Bill Analysis
135th General Assembly
Click here for S.B. 92’s Fiscal Note
Version: As Reported by House Government Oversight
Primary Sponsors: Sens. McColley and Gavarone
Effective date:
Emily E. Wendel, Attorney
SUMMARY
Delays the deadline, from August 7 to August 23, 2024, (from the 90th day to the 74th
day before Election Day) for a major political party to certify the names of its
presidential and vice-presidential candidates to the Secretary of State for purposes of
the 2024 general election.
Retains the current 90 day deadline for presidential elections held in 2028 and later, but
allows an extension if a party will not nominate its candidates in time, and allows the
party to certify its nominees by the 74th day before the election or not later than the
third day after the close of its convention, whichever is earlier.
Clarifies that any such certification must be in writing.
Allows a party to make a certification or notification under the bill by any reasonably
reliable method that, under the circumstances, will provide for the Secretary to receive
it by the deadline.
DETAILED ANALYSIS
Deadline to certify presidential candidates
2024 presidential election
For purposes of the 2024 general election, the bill delays the deadline for a major
political party to certify the names of its presidential and vice-presidential candidates to the
Secretary of State after it nominates those candidates at its convention. Under the bill, a party
* 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.
May 7, 2024
Office of Research and Drafting LSC Legislative Budget Office
must certify its candidates by the 74th day before the election (August 23), instead of the 90 th
day (August 7).1
Future presidential elections
For purposes of presidential elections held in 2028 and later, the bill generally retains
the certification deadline of the 90th day before the election, but allows an extension for a
major or minor political party that will not nominate its candidates in time to meet the
deadline. A party must notify the Secretary in writing that it will not nominate its candidates in
time. The party must make that notification as soon as practicable but not later than the 90 th
day before the election.
A major political party then must certify its presidential and vice-presidential nominees
to the Secretary by the 74th day before the election or not later than the third day after the
close of the party’s national convention, whichever is earlier. A minor party must certify its
nominees by the 74th day before the election or not later than the third day after it nominates
its candidates, whichever is earlier. (Minor parties do not necessarily use national conventions
to nominate their candidates.) The bill clarifies that any party certification of presidential and
vice-presidential candidates must be in writing.2
Method of transmission
The bill allows a political party to make a notification or certification under the bill by
any reasonably reliable method that, under the circumstances, will provide for the Secretary to
receive it by the applicable deadline, including by hand delivery, any type of U.S. mail,
commercial carrier service, fax, or email.3
HISTORY
Action Date
Introduced 03-22-23
Reported, S. General Gov’t 04-19-23
Passed Senate (25-8) 04-19-23
Reported, H. Gov’t Oversight ---
ANSB0092RH-135/ts
1 Section 4 of the bill.
2 R.C. 3505.10 and Section 3 of the bill.
3 R.C. 3505.10 and Section 4 of the bill.
P a g e |2 S.B. 92
As Reported by H. Government Oversight
Statutes affected: As Introduced: 3501.022
As Reported By Senate Committee: 3501.022
As Passed By Senate: 3501.022
As Reported By House Committee: 3505.10