§ 3501.39

candidacy.
Effective: April 06, 2017
Legislation: House Bill 463 - 131st General Assembly


 (A) The secretary of state or a board of elections shall accept any petition described in
section 3501.38 of the Revised Code unless one of the following occurs:
(1) A written protest against the petition or candidacy, naming specific objections, is filed, a
hearing is held, and a determination is made by the election officials with whom the protest is
filed that the petition is invalid, in accordance with any section of the Revised Code providing
a protest procedure.
(2) A written protest against the petition or candidacy, naming specific objections, is filed, a
hearing is held, and a determination is made by the election officials with whom the protest is
filed that the petition violates any requirement established by law.
 (3) In the case of an initiative petition received by the board of elections, the petition falls
outside the scope of authority to enact via initiative or does not satisfy the statutory
prerequisites to place the issue on the ballot, as described in division (M) of section 3501.38
of the Revised Code. The petition shall be invalid if any portion of the petition is not within the
initiative power.
(4) The candidate's candidacy or the petition violates the requirements of this chapter,
Chapter 3513. of the Revised Code, or any other requirements established by law.
(B) Except as otherwise provided in division (C) of this section or section 3513.052 of the
Revised Code, a board of elections shall not invalidate any declaration of candidacy or
nominating petition under division (A) (4) of this section after the sixtieth day prior to the
election at which the candidate seeks nomination to office, if the candidate filed a declaration
of candidacy, or election to office, if the candidate filed a nominating petition.
(C)(1) If a petition is filed for the nomination or election of a candidate in a charter municipal
corporation with a filing deadline that occurs after the ninetieth day before the day of the
election, a board of elections may invalidate the petition within fifteen days after the date of
that filing deadline.
(2) If a petition for the nomination or election of a candidate is invalidated under division (C)(1)
of this section, that person's name shall not appear on the ballots for any office for which the


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person's petition has been invalidated. If the ballots have already been prepared, the board of
elections shall remove the name of that person from the ballots to the extent practicable in the
time remaining before the election. If the name is not removed from the ballots before the day
of the election, the votes for that person are void and shall not be counted.




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