A write-in space shall be provided on the ballot for every office, except in an election for which the
board of elections has received no valid declarations of intent to be a write-in candidate under this
section. Write-in votes shall not be counted for any candidate who has not filed a declaration of
intent to be a write-in candidate pursuant to this section. A qualified person who has filed a
declaration of intent may receive write-in votes at either a primary or general election. Any
candidate shall file a declaration of intent to be a write-in candidate before four p.m. of the seventy-
second day preceding the election at which such candidacy is to be considered. If the election is to
be determined by electors of a county or a district or subdivision within the county, such declaration
shall be filed with the board of elections of that county. If the election is to be determined by
electors of a subdivision located in more than one county, such declaration shall be filed with the
board of elections of the county in which the major portion of the population of such subdivision is
located. If the election is to be determined by electors of a district comprised of more than one
county but less than all of the counties of the state, such declaration shall be filed with the board of
elections of the most populous county in such district. Any candidate for an office to be voted upon
by electors throughout the entire state shall file a declaration of intent to be a write-in candidate with
the secretary of state before four p.m. of the seventy-second day preceding the election at which
such candidacy is to be considered. In addition, candidates for president and vice-president of the
United States shall also file with the secretary of state by that seventy-second day a slate of
presidential electors sufficient in number to satisfy the requirements of the United States
constitution.
A board of elections shall not accept for filing the declaration of intent to be a write-in candidate of
a person seeking to become a candidate if that person, for the same election, has already filed a
declaration of candidacy, a declaration of intent to be a write-in candidate, or a nominating petition,
or has become a candidate through party nomination at a primary election or by the filling of a
vacancy under section 3513.30 or 3513.31 of the Revised Code, for any federal, state, or county
office, if the declaration of intent to be a write-in candidate is for a state or county office, or for any
municipal or township office, for member of a city, local, or exempted village board of education,
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or for member of a governing board of an educational service center, if the declaration of intent to
be a write-in candidate is for a municipal or township office, or for member of a city, local, or
exempted village board of education, or for member of a governing board of an educational service
center.
No person shall file a declaration of intent to be a write-in candidate for the office of governor
unless the declaration also shows the intent of another person to be a write-in candidate for the
office of lieutenant governor. No person shall file a declaration of intent to be a write-in candidate
for the office of lieutenant governor unless the declaration also shows the intent of another person
to be a write-in candidate for the office of governor. No person shall file a declaration of intent to be
a write-in candidate for the office of governor or lieutenant governor if the person has previously
filed a declaration of intent to be a write-in candidate to the office of governor or lieutenant
governor at the same primary or general election. A write-in vote for the two candidates who file
such a declaration shall be counted as a vote for them as joint candidates for the offices of governor
and lieutenant governor.
The secretary of state shall not accept for filing the declaration of intent to be a write-in candidate of
a person for the office of governor unless the declaration also shows the intent of another person to
be a write-in candidate for the office of lieutenant governor, shall not accept for filing the
declaration of intent to be a write-in candidate of a person for the office of lieutenant governor
unless the declaration also shows the intent of another person to be a write-in candidate for the
office of governor, and shall not accept for filing the declaration of intent to be a write-in candidate
of a person to the office of governor or lieutenant governor if that person, for the same election, has
already filed a declaration of candidacy, a declaration of intent to be a write-in candidate, or a
nominating petition, or has become a candidate through party nomination at a primary election or
by the filling of a vacancy under section 3513.30 or 3513.31 of the Revised Code, for any other state
office or any federal or county office.
Protests against the candidacy of any person filing a declaration of intent to be a write-in candidate
may be filed by any qualified elector who is eligible to vote in the election at which the candidacy
is to be considered. The protest shall be in writing and shall be filed not later than four p.m. of the
sixty-seventh day before the day of the election. The protest shall be filed with the board of elections
with which the declaration of intent to be a write-in candidate was filed. Upon the filing of the
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protest, the board with which it is filed shall promptly fix the time for hearing it and shall proceed in
regard to the hearing in the same manner as for hearings set for protests filed under section 3513.05
of the Revised Code. At the time fixed, the board shall hear the protest and determine the validity or
invalidity of the declaration of intent to be a write-in candidate. If the board finds that the candidate
is not an elector of the state, district, county, or political subdivision in which the candidate seeks
election to office or has not fully complied with the requirements of Title XXXV of the Revised
Code in regard to the candidate's candidacy, the candidate's declaration of intent to be a write-in
candidate shall be determined to be invalid and shall be rejected; otherwise, it shall be determined
to be valid. The determination of the board is final.
The secretary of state shall prescribe the form of the declaration of intent to be a write-in candidate.
Page 3§ 3513.041Write-in votes
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Primary source. The text above is the canonical statute body as it appears in this revision of the atlas. Verify against the official gazette before quoting in litigation or formal advice. Spot an error? Suggest a correction.