OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 437 Bill Analysis
135th General Assembly
Click here for H.B. 437’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Lear and Lorenz
Effective date:
S. Ben Fogle, Attorney
SUMMARY
 Changes Ohio’s primary elections to a closed primary system in which an elector must be
registered as affiliated with a political party in order to vote that party’s ballot at a
primary.
Political party registration
 Specifies that an elector who is registered in Ohio before the bill takes effect keeps the
elector’s current party affiliation as of the bill’s effective date based on the elector’s
recent voting history, unless and until the elector submits a voter registration update with
a different party affiliation.
 Allows a new registrant or a currently registered elector who wishes to change affiliation
to indicate a party affiliation on the person’s voter registration or update form or to
register as unaffiliated.
 Requires a newly registered elector to register as affiliated with a party by the 30 th day
before the day of the primary in order to vote that party’s ballot at the primary.
 Requires a registered elector who wishes to change the elector’s party affiliation to
submit a registration update form no later than 90 days before the primary election in
order to vote that party’s ballot at the primary.
 Makes electors’ party affiliations available to the public online through the Statewide
Voter Registration Database, the same as their primary voting histories currently are
available.
 Requires a voter registration acknowledgment notice to show the elector’s current party
affiliation, if any, and the date of the next primary election at which the elector is eligible
to cast that party’s ballot.
April 5, 2024
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 Adds information about party registration to the required contents of the Secretary of
State’s brochure about voter registration and to the disclosures that must be included
when a voter registration activity is part of a public school program.
Primary election voting procedures
 Requires an elector to be registered as affiliated with a political party in order to vote that
party’s ballot at the primary.
 Specifies that if the elector has changed affiliations, the elector must have submitted that
change no later than 90 days before the primary.
 Allows an elector who believes they are affiliated with a party, but is not recorded as
affiliated with a party by the applicable deadline, to cast a provisional ballot in that party’s
primary.
 Continues to allow any elector, regardless of affiliation, to cast an issues-only ballot on
the day of a primary election.
Candidacy requirements
 Permits a candidate to appear on a party’s primary ballot only if the candidate voted in
that party’s most recent primary held in an even-numbered year and the person has not
affiliated with another party since that primary election, with the exception of office-
holders switching parties who have filed a declaration of intent.
 Requires a person who signs or circulates a primary candidate’s petition to be registered
as affiliated with that party as of the time the petition is verified and, if the person is
changing affiliation, as of the 90th day before the primary.
 Requires a person who files a protest against a primary candidate’s candidacy to be
registered as affiliated with that party and, if the person is changing affiliation, to be so
registered as of 90 days before the primary.
 Requires an independent candidate to be registered as unaffiliated by the independent
filing deadline in order to run as an independent candidate.
 Allows any elector to sign an independent candidate’s nominating petition, as under
current law.
Newly formed political parties
 Permits any elector to sign a party formation petition to allow a new political party to be
recognized by the state, as under current law.
 Requires candidates of a newly formed political party who are to be nominated by
petition to be registered as affiliated with the new party.
 Requires an elector to be either registered as affiliated with the new party or registered
as unaffiliated in order to sign such a nominating petition.
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As Introduced
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Technical changes
 Reorganizes provisions of law regarding voter registration to consolidate repetitive
language and eliminate obsolete provisions, without making substantive changes.
DETAILED ANALYSIS
The bill changes Ohio’s primary elections to a closed primary system, meaning that a
person must be registered as affiliated with a political party in order to vote in that party’s
primary. Ohio’s current system is essentially an open primary system, in which a person may
request any party’s ballot at a primary so long as the person claims to be a member of that party,
and there is no mechanism to change party affiliations between primary elections.
Political party registration
Currently registered electors
An elector who is registered in Ohio before the bill takes effect keeps the elector’s current
party affiliation as of the bill’s effective date, unless and until the elector submits a voter
registration update with a different party affiliation. Under existing law, an elector is considered
to be affiliated with the party whose ballot the elector most recently cast at a primary election
held during the current calendar year or the previous two calendar years. If the elector did not
cast any party’s primary ballot during that time period, the elector is considered unaffiliated.1
Method of party registration
For new registrants, and for currently registered electors who wish to change affiliation
after the bill takes effect, the bill allows a person to indicate a party affiliation on the person’s
voter registration or update form. The Secretary of State must add all of the following to Ohio’s
voter registration forms:
 A list of the political parties that are currently recognized in Ohio, along with checkboxes
to select one;
 A space to write the name of a recognized party that is not listed on the form (for instance,
a newly formed party);
 A box for the person to check to indicate that the person does not wish to be affiliated
with any party;
 A notice that the person may choose only one recognized party and that the person is not
required to choose any party;
 A notice of the deadline to submit a change of party affiliation, which is 90 days before
the date of the primary election (see “Deadline to change affiliation,” below).
If a person leaves the party affiliation section of the form blank, then the person’s
previous affiliation status is retained. That is, if the person is not currently registered as affiliated
1 R.C. 3503.071(A)(2), 3513.05, and 3513.19(A)(3).
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As Introduced
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with any party, does not select or write the name of a party, and does not indicate that the person
does not wish to be affiliated with any party, the person remains unaffiliated. If the person is
currently affiliated with a party, does not select or write the name of a party, and does not
indicate that the person does not wish to be affiliated with any party, the person remains
affiliated with the person’s current party.
The new party affiliation fields must appear on all types of voter registration forms,
including the online form. But, the bill does not add those fields to the provisional ballot
affirmation form, which operates as a voter registration form if the provisional voter is not
registered under the voter’s current information. A provisional voter who wishes to establish or
change party affiliation must submit a separate form. (Including those fields on the provisional
ballot envelope would result in ballots being identifiable by party affiliation before the board of
elections determines whether they should be counted.)2
Party Affiliation and Voter Registration Forms
Outcome if the voter
Outcome if the voter
Action is
is Unaffiliated
already Affiliated
Affiliates with the Stays affiliated or Becomes affiliated
same or different changes affiliation. with the party.
party.
Checks the “does not Becomes unaffiliated. Remains unaffiliated.
wish to be affiliated”
box.
Leaves the affiliation Stays affiliated with Remains unaffiliated.
section blank. previous party.
Deadline to change affiliation
Under the bill, a person who has not previously been registered to vote in Ohio must
register as affiliated with a party by the 30th day before the day of the primary in order to vote
that party’s ballot at the primary. (This is the same as the deadline to register to vote in any
election.)
However, a registered elector who wishes to change the elector’s party affiliation must
submit a registration update form by the 90th day before the day of the primary (see “Federal
and constitutional law,” below). This deadline also applies when an elector’s registration is
canceled and the elector reregisters, if the elector changes party affiliations when reregistering.
2R.C. 3503.071(A) and (B), 3503.14, 3503.20, and 3503.23 and conforming changes in R.C. 3503.09,
3503.10, 3503.11, 3503.15, 3503.16, and 3503.19. See also R.C. 3505.182, not in the bill.
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As Introduced
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This provision prevents a person from canceling the person’s registration and reregistering in
order to avoid complying with the affiliation change deadline.
When an elector changes affiliation, the board of elections must record the elector’s date
of affiliation change, which is the date the elector submits the update form. If an elector submits
an affiliation change from party A to party B after the deadline, the elector cannot vote in party
A or party B’s primary. The elector still may vote on any questions and issues appearing on the
ballot on the day of the primary, the same as an unaffiliated elector may do under continuing
law.3
Acknowledgment notices
Under the bill, when a board of elections processes a voter registration or update, the
acknowledgment notice the board sends to the elector must include the elector’s party
affiliation, if any. If the elector has had a change of affiliation, the notice also must include the
date of the next primary election at which the elector is eligible to cast that party’s ballot. (As is
described above, that date might not be the next primary election.)4
Public records
The bill requires that an elector’s current party affiliation, if any, and the elector’s date of
affiliation change, if any, appear in the online version of the Statewide Voter Registration
Database that is available to the public. Currently, an elector’s party affiliation is available to the
public through that same database as part of the elector’s voting history.5
Voter information
The bill requires the Secretary of State’s information brochure about voter registration to
include information about the manner in which a person may establish or change the person’s
political party affiliation.
Additionally, the bill requires that, if a voter registration activity is part of a public high
school or vocational school program, the district board of education must notify students that
registering as affiliated with a party, or registering and remaining unaffiliated, will not affect or
be a condition of receiving a particular grade in or credit for a school course or class, participating
in a curricular or extracurricular activity, receiving a benefit or privilege, or participating in a
program or activity otherwise available to other students. This is the same as the notice that
currently must be given to students regarding their decision to register or decline to register to
vote as part of a school program.6
3 R.C. 3503.071(C) and (D), 3503.16(A)(2), 3503.23, and 3513.18.
4 R.C. 3503.19(C).
5 R.C. 3503.15(G); conforming changes in R.C. 3503.151, 3503.152, and 3503.153.
6 R.C. 3503.10(G)(4) and 3503.28.
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As Introduced
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Primary election voting procedures
Party voters
Under the bill, an elector must be registered as affiliated with a political party in order to
vote that party’s ballot at the primary. If the elector has changed affiliations, the elector must
have submitted that change as of the 90th day before the primary.
The pollbooks for a primary election must include each elector’s registered affiliation, if
any, and any date of affiliation change. If an elector requests a party’s ballot and the election
officials find that the elector is not registered as affiliated with that party or changed affiliation
within 90 days of the primary, the elector may cast a provisional ballot in that party’s primary. If
the board of elections ultimately determines that the elector is not registered as affiliated with
that party or missed the deadline to change affiliation, the provisional ballot must not be
counted.
Current law allows an elector to request the ballot of any political party at a primary
election. If the elector voted another party’s ballot at the last primary election, the Revised Code
permits the election officials to challenge the elector on the ground that the elector is not actually
affiliated with that party. The Secretary of State instructs election officials not to bring such a
challenge unless they have personal knowledge that the elector is not affiliated with that party,
based on more than the elector’s voting history as shown in the pollbook.
Upon being challenged, the elector may sign a statement under penalty of election
falsification that the elector desires to be affiliated with and supports the principles of the party
whose ballot the elector has requested. After signing the statement, the elector may cast a
regular ballot for that party. If the elector refuses to sign the statement, the elector instead must
cast a provisional ballot.7
Issues-only voters
Under continuing law, any elector may choose to vote only on the questions or issues
appearing on the ballot at a special election held on the day of a primary election. The bill
specifies that an elector who is registered as unaffiliated, or who changed affiliation after the 90th
day before the primary election, may vote on those questions or issues but may not cast a party
ballot.8
Candidacy requirements
Party candidates
The bill also requires a candidate, in order to appear on a party’s primary ballot, to meet
the following requirements: the person voted that party’s ballot at the most recent primary
7 R.C. 3513.18 and 3513.19; repeal of R.C. 3513.20; and conforming changes in R.C. 3505.181 and 3509.07.
See also Ohio Secretary of State, Precinct Election Official Training Manual (PDF), p. 46 (March 20, 2023),
available at ohiosecretaryofstate.gov under “Elections & Voting,” “Elections Officials,” “Election Officials’
Resources.”
8 R.C. 3513.18(B).
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As Introduced
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election held in an even-numbered year, the person has not been registered as affiliated with a
different political party since that primary election and, if applicable, the person has filed a
declaration of intent to change affili