§ 3505.021Candidates with identical given names and surnames

In the event two or more persons with identical given name and surnames run for the same office in a
general or special election on the same ballot, the names of the candidates shall be differentiated on
the ballot by varying combinations of first and middle names and initials. Immediately after it
becomes known that two or more persons with the same given name and surname are to be
candidates on the same ballot for the same office, the director of the board of elections for local,
municipal, county, general, or special elections, or the director of the board of elections of the most
populous county for district, general, or special elections, or the secretary of state for statewide
general and special elections shall notify the persons with identical given name and surnames that the
names of such persons will be differentiated on the ballot. If one of the candidates is an incumbent
who is a candidate to succeed himself for the office he occupies, he shall have first choice of the
name by which he is designated on the ballot. If an incumbent does not make a choice within two
days after notification or if none of the candidates is an incumbent, the board of elections within
three days after notification shall designate the names by which the candidates are identified on the
ballot. In case of a district candidate the board of elections in the most populous county of the district
shall make the determination. In case of statewide candidates, or in case any board of elections fails
to make a designation within three days after notification, the secretary of state shall immediately
make the determination.


"Notification" as required by this section shall be by the clerk of the board of elections or secretary
of state by special delivery mail or telegram at the candidate's address listed in his declaration of
candidacy or petition of candidacy.




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