OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 87 Bill Analysis
135th General Assembly
Click here for S.B. 87’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Smith
Effective date:
Emily E. Wendel, Attorney
SUMMARY
 Designates the day of each general election (the first Tuesday after the first Monday in
November) as Democracy Day, a legal holiday.
 Requires state, county, township, and nonteaching school district employees to receive
paid leave on Democracy Day.
 Allows school district boards of education to dismiss school on Democracy Day.
 Delays legal deadlines that fall on Democracy Day.
DETAILED ANALYSIS
The bill designates the day of each general election (the first Tuesday after the first
Monday in November) as Democracy Day, a legal holiday for which government employees
receive paid leave. Under the bill, Democracy Day is the twelfth such legal holiday, along with
New Year’s Day, Martin Luther King Day, Washington-Lincoln Day (Presidents’ Day), Memorial
Day, Juneteenth Day, Independence Day, Labor Day, Columbus Day, Veterans’ Day,
Thanksgiving Day, and Christmas Day. Continuing law also allows the Governor or the President
of the United States to appoint and recommend any additional day as a legal holiday. 1
Existing law designates the day of each general election, between 12:00 p.m. and 4:30
p.m., as a holiday, but the designation is not treated as a paid holiday.2 Under continuing law,
any employer, public or private, is prohibited from discharging or threatening to discharge an
1 R.C. 1.14.
2 R.C. 5.20.
April 13, 2023
Office of Research and Drafting LSC Legislative Budget Office
employee for taking a reasonable amount of time to vote on any election day, and from
refusing to permit an employee to serve as an election official on any election day.3
Paid leave and closures
Under the bill, state, county, township, and nonteaching school district employees must
receive paid leave on Democracy Day, as with other legal holidays.4 Under continuing law, this
requirement does not apply to other government employees, such as municipal employees and
employees of other political subdivisions. Those employees still may receive paid holidays
under local ordinances or policies or pursuant to collective bargaining agreements.
Further, school district boards of education may, but are not required to, dismiss school
on legal holidays.5 Some schools already schedule teacher in-service days on election days
when the school is used as a polling place.
Effect on legal deadlines
The bill adds Democracy Day to the list of holidays that delay legal deadlines. Under
continuing law, when determining the deadline to take any action required by law, if the last
day of the deadline falls on a Sunday or a legal holiday, the deadline is extended to the next day
that is not a Sunday or a legal holiday.6
The bill separately adds Democracy Day to the list of holidays that are not included as a
business day for purposes of the law governing home solicitation sales (door-to-door sales). For
example, under that law, a customer has a right to cancel any sale by midnight of the third
business day after agreeing to make a purchase. Under the bill, Democracy Day is not
considered a business day for that purpose, similar to other holidays.7
For more information about Ohio’s current legal holidays, including requirements
regarding holiday pay and overtime pay, see LSC’s Members Brief, “State Holidays” (PDF).8
HISTORY
Action Date
Introduced 03-21-23
ANSB0087IN-135/tl
3 R.C. 3599.06, not in the bill.
4 R.C. 124.19, 325.19, 511.10, and 3319.087.
5 R.C. 3313.63.
6 R.C. 1.14.
7 R.C. 1345.21. See also R.C. 1345.22, not in the bill.
8 Also available at lsc.ohio.gov under “Publications,” “Members Briefs,” “State Government.”
P a g e |2 S.B. 87
As Introduced