§ 3513.17Death of candidate before primary election

If a person who has filed a declaration of candidacy, whose candidacy is to be submitted at a primary
election to the electors of the entire state, dies prior to the tenth day before the day of such primary
election, the secretary of state, upon proof of the death of such candidate, shall make certification of
such death to the boards of elections of the state, and the name of such deceased candidate shall not
appear on the ballots.


If a person who has filed a declaration of candidacy, whose candidacy is to be submitted at a primary
election to the electors of a district comprised of more than one county but less than all the counties
of the state, dies prior to the tenth day before the day of such primary election, the board of the most
populous county of such district shall, upon proof of the death of such candidate, make certification
of such death to the boards of such district, and the name of such deceased candidate shall not appear
on the ballots.


If a person who has filed a declaration of candidacy, whose candidacy is to be submitted at a primary
election to the electors of a subdivision smaller than a county but situated in more than one county,
dies prior to the tenth day before the day of such primary election, the board of the county in which
the major portion of the population of such subdivision is located shall, upon proof of the death of
such candidate, make certification of such death to the boards of the other counties in which portions
of the population of such subdivision are located, and the name of such deceased candidate shall not
appear on the ballots.


If a person who has filed a declaration of candidacy, whose candidacy is to be submitted at a primary
election to the electors of a county, or district or subdivision within a county, dies prior to the fifth
day before the day of such primary election, upon proof of the death of such candidate to the board,
the name of such deceased candidate shall not appear on the ballots.


If, at the time such certification or proof of death of a candidate is received by a board, ballots
carrying the name of the deceased candidate have been printed, such board shall cause strips of paper



                                                   Page 1

to be pasted on such ballots so as to cover the name of the deceased candidate before such ballots are
delivered to electors; except that in voting places using marking devices, the board shall cause strips
of paper bearing the revised list of candidates for the office, after eliminating the deceased
candidate's name, to be pasted on such ballot cards so as to cover the name or names formerly
shown, before such ballot cards are delivered to the electors.


In no case shall votes cast for a deceased candidate be counted or recorded.




                                                 Page 2