OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 471 Bill Analysis
135th General Assembly
Click here for H.B. 471’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Creech and King
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.
DETAILED ANALYSIS
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:
 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:
April 25, 2024
Office of Research and Drafting LSC Legislative Budget Office
 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
HISTORY
Action Date
Introduced 04-08-24
ANHB0471IN-135/ts
1 R.C. 3513.053 and conforming changes in R.C. 3513.041 and 3513.05. See also R.C. 3513.052,
3513.191, and 3513.271, 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.
P a g e |2 H.B. 471
As Introduced