Ohio Revised Code
Chapter 305 | Board of County Commissioners - Generally
Section 305.02 | Vacancy in County Offices Filled by Election or Appointment.

Effective: September 13, 2016
Latest Legislation: Senate Bill 63 - 131st General Assembly
(A) If a vacancy in the office of county commissioner, prosecuting attorney, county auditor, county treasurer, clerk of the court of common pleas, sheriff, county recorder, county engineer, or coroner occurs more than forty days before the next general election for state and county officers, a successor shall be elected at such election for the unexpired term unless such term expires within one year immediately following the date of such general election.
In either event, the vacancy shall be filled as provided in this section and the appointee shall hold office until a successor is elected and qualified.
(B) If a vacancy occurs from any cause in any of the offices named in division (A) of this section, the county central committee of the political party that nominated the last occupant of the office as a candidate for that office for the current term shall appoint a person to hold the office and to perform the duties thereof until a successor is elected and has qualified, except that if such vacancy occurs because of the death, resignation, or inability to take the office of an officer-elect whose term has not yet begun, an appointment to take such office at the beginning of the term shall be made by the central committee of the political party that nominated the officer-elect as a candidate for that office for that term.
(C) Not less than five nor more than forty-five days after a vacancy occurs, the county central committee shall meet for the purpose of making an appointment under this section. Not less than four days before the date of such meeting the chairperson or secretary of such central committee shall send by first class mail to every member of such central committee a written notice which shall state the time and place of such meeting and the purpose thereof. A majority of the members of the central committee present at such meeting may make the appointment.
(D) If the last occupant of the office or the officer-elect was elected to serve the current term as an independent candidate, the board of county commissioners shall make such appointment at the time when the vacancy occurs, except where the vacancy is in the office of county commissioner, in which case the prosecuting attorney and the remaining commissioners or a majority of them shall make the appointment.
(E) Appointments made under this section shall be certified by the appointing county central committee or by the board of county commissioners to the county board of elections and to the secretary of state, and the persons so appointed and certified shall be entitled to all remuneration provided by law for the offices to which they are appointed.
(F) The board of county commissioners may appoint a person to hold any of the offices named in division (A) of this section as an acting officer and to perform the duties thereof between the occurrence of the vacancy and the time when the officer appointed by the central committee qualifies and takes the office.
(G) A person appointed prosecuting attorney or assistant prosecuting attorney shall give bond and take the oath of office prescribed by section 309.03 of the Revised Code for the prosecuting attorney.

Structure Ohio Revised Code

Ohio Revised Code

Title 3 | Counties

Chapter 305 | Board of County Commissioners - Generally

Section 305.01 | Board of County Commissioners - Election, Term.

Section 305.02 | Vacancy in County Offices Filled by Election or Appointment.

Section 305.03 | Absence of Certain County Officers; Office Deemed Vacant.

Section 305.04 | Bond of County Commissioners - Oath of Office.

Section 305.05 | Organization; Election of President.

Section 305.06 | Regular Sessions.

Section 305.07 | Special Sessions.

Section 305.08 | Quorum.

Section 305.09 | Proceedings of Board of County Commissioners.

Section 305.10 | Written or Electronic Record and Index of Proceedings.

Section 305.11 | Signing of Record.

Section 305.12 | Liability of Commissioners.

Section 305.13 | Appointment of Clerk.

Section 305.14 | Employment of Legal Counsel.

Section 305.15 | Employment of Engineer.

Section 305.16 | Other Employees.

Section 305.17 | Compensation of Employees.

Section 305.171 | Group Insurance Coverage for County Officers and Employees.

Section 305.172 | Health Savings Account Program.

Section 305.18 | Annual Inventory.

Section 305.19 | Duty as to Reports of County Officers.

Section 305.21 | May Administer Oaths.

Section 305.22 | Shall Provide Place for Holding Courts.

Section 305.23 | Centralized Services for a County Office.

Section 305.25 | When Contracts Valid.

Section 305.26 | May Release or Compound Claims.

Section 305.27 | Interest in County Contracts Prohibited - Exception.

Section 305.28 | Criminal Justice Regional Information Fund.

Section 305.29 | County Administrator - Appointment.

Section 305.30 | County Administrator - Powers and Duties.

Section 305.31 | Procedure for Submitting to Referendum Resolution on Additional Tax.

Section 305.32 | Separate Petition Papers.

Section 305.33 | Filing Certified Copy of Commissioners' Resolution Before Circulating Referendum Petition.

Section 305.34 | Form of Petition.

Section 305.35 | Designating Petition Committee.

Section 305.36 | Circulator of Referendum Petition to File Statement.

Section 305.38 | Prohibited Acts.

Section 305.39 | Prohibited Act.

Section 305.41 | Prohibited Acts.

Section 305.42 | Provisions Apply to Petitions Filed Under Other Chapters.

Section 305.43 | Conflict and Appointment of New Commissioner.

Section 305.99 | Penalty.