§ 3517.012Party comes into legal existence on date of filing

(A)(1) When a party formation petition meeting the requirements of section 3517.01 of the Revised
Code declaring the intention to organize a political party is filed with the secretary of state, the new
party comes into legal existence on the date of filing and is entitled to nominate candidates to
appear on the ballot at the general election held in even-numbered years that occurs more than one
hundred twenty-five days after the date of filing.


(2)(a) Upon receiving a party formation petition filed under division (A)(1) of this section, the
secretary of state shall promptly transmit to each board of elections the separate petition papers that
purport to contain signatures of electors of that board's county.


(b) Not later than the one hundred eighteenth day before the day of the general election, each board
shall examine and determine the sufficiency of the signatures on the petition papers and shall return
them to the secretary of state, together with the board's certification of its determination as to the
validity or invalidity of the signatures on the petition.


(c) Any qualified elector may file a written protest against the petition with the secretary of state not
later than the one hundred fourteenth day before the day of the general election. Any such protest
shall be resolved in the manner specified under section 3501.39 of the Revised Code.


(d) Not later than the ninety-fifth day before the day of the general election, the secretary of state
shall determine whether the party formation petition is sufficient and shall notify the committee
designated in the petition of that determination.


(B)(1) Not later than one hundred ten days before the day of that general election and not earlier
than the day the applicable party formation petition is filed, each candidate or pair of joint
candidates wishing to appear on the ballot at the general election as the nominee or nominees of the
party that filed the party formation petition shall file a nominating petition, on a form prescribed by
the secretary of state, that includes the name of the political party that submitted the party formation



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petition. Except as otherwise provided in this section and sections 3505.03, 3505.08, 3506.11,
3513.31, 3513.311, and 3513.312 of the Revised Code, the provisions of the Revised Code
concerning independent candidates who file nominating petitions apply to candidates who file
nominating petitions under this section.


(2)(a) If the candidacy is to be submitted to electors throughout the entire state, the nominating
petition, including a petition for joint candidates for the offices of governor and lieutenant
governor, shall be signed by at least fifty qualified electors who have not voted as a member of a
different political party at any primary election within the current year or the immediately
preceding two calendar years.


(b) Except as otherwise provided in this division, if the candidacy is to be submitted only to electors
within a district, political subdivision, or portion thereof, the nominating petition shall be signed by
not less than five qualified electors who have not voted as a member of a different political party at
any primary election within the current year or the immediately preceding two calendar years.


(3)(a) Each board of elections that is responsible to verify signatures on the nominating petition
shall examine and determine the sufficiency of those signatures not later than the one hundred fifth
day before the day of the general election and shall be resolved as specified in that section.


(b) Written protests against the petition may be filed in the manner specified under section 3513.263
of the Revised Code not later than the one hundredth day before the general election and shall be
resolved as specified in that section.


(c) Not later than the ninety-fifth day before the day of the general election, the secretary of state or
the board of elections, as applicable, shall determine whether the nominating petition is sufficient
and shall notify the candidate and the committee designated in the party formation petition of that
determination.


(C)(1) After being notified that the political party has submitted a sufficient party formation petition
under division (A) of this section, the committee designated in a party formation petition shall, not
later than the seventy-fifth day before the day of the general election, certify to the secretary of state
a slate of candidates consisting of candidates or joint candidates who submitted sufficient



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nominating petitions under division (B) of this section. The slate certifying the candidates shall be
on a form prescribed by the secretary of state and signed by all of the individuals of the committee
designated in the party formation petition. In no event shall the slate of candidates include more
than one candidate for any public office or more than one set of joint candidates for the offices of
governor and lieutenant governor. The names of the candidates or joint candidates so certified shall
appear on the ballot at the general election as that party's nominees for those offices. For purposes of
this division, "joint candidates" means the joint candidates for the offices of governor and lieutenant
governor.


(2) If a candidate's nominating petition is insufficient or if the committee does not certify the
candidate's name under division (C)(1) of this section, the candidate shall not appear on the ballot
in the general election.


(3) If a party formation petition is insufficient, no candidate shall appear on the ballot in the general
election as that political party's nominee, regardless of whether any candidate's nominating petition
is sufficient.




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