Ohio Revised Code
Chapter 3513 | Primaries; Nominations
Section 3513.041 | Write-in Votes.

Effective: July 2, 2010
Latest Legislation: House Bill 48 - 128th General Assembly
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, 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 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.

Structure Ohio Revised Code

Ohio Revised Code

Title 35 | Elections

Chapter 3513 | Primaries; Nominations

Section 3513.01 | Primary Elections.

Section 3513.02 | Certificate of Nomination When No Primary Necessary.

Section 3513.03 | Election Officials for Primary Elections.

Section 3513.04 | Filing Declaration of Candidacy.

Section 3513.041 | Write-in Votes.

Section 3513.05 | Deadline for Filing Declaration of Candidacy.

Section 3513.051 | County Central Committee May Determine No Need for Petition.

Section 3513.052 | Candidacy for More Than One Office at a Time Prohibited.

Section 3513.06 | Change of Name of Candidate.

Section 3513.07 | Form of Declaration of Candidacy and Petition.

Section 3513.08 | Declaration of Candidacy for Judicial Office.

Section 3513.09 | Candidate's Signature.

Section 3513.10 | Filing Fees.

Section 3513.11 | State Convention of Major Political Parties.

Section 3513.111 | Nominating Candidates for Election as Presidential Electors.

Section 3513.12 | Delegates to National Party Convention.

Section 3513.121 | Delegates to National Party Convention Alternative Procedures.

Section 3513.122 | Electing Delegates and Alternates to Other National Conventions or Conferences.

Section 3513.13 | Separate Primary Election Ballots for Political Parties.

Section 3513.131 | Candidates With Identical Surnames.

Section 3513.14 | Primary Election Ballot Form.

Section 3513.15 | Rotating Names of Candidates on Ballot.

Section 3513.151 | Arrangement of Names of Candidates for Delegate and Alternate to National Convention of Political Party.

Section 3513.16 | Designation of Term for Judge of Court of Common Pleas on Primary Ballot.

Section 3513.17 | Death of Candidate Before Primary Election.

Section 3513.18 | Primary Election Pollbooks.

Section 3513.19 | Challenges at Primary Elections.

Section 3513.191 | Disqualification of Candidate for Party Primary.

Section 3513.192 | Forfeiting Nomination.

Section 3513.20 | Effect of Challenge to Voter at Primary.

Section 3513.21 | Counting and Return of Ballots.

Section 3513.22 | Canvass and Certification of Votes.

Section 3513.23 | Write-in Votes.

Section 3513.24 | Canvass of Votes for Members of Party Committees.

Section 3513.251 | Nomination for Officers of Municipal Corporation.

Section 3513.253 | Nomination for Officers of Township.

Section 3513.254 | Nomination for Members of Board of Education.

Section 3513.255 | Petitions for Member of Governing Board of Educational Service Center.

Section 3513.256 | Procedures for a Nonpartisan Primary Election.

Section 3513.257 | Independent Candidates Statements of Candidacy and Nominating Petitions.

Section 3513.259 | Nomination for Member of the State Board of Education.

Section 3513.261 | Nominating Petition Form and Fee.

Section 3513.262 | Filing Deadline for Nominating Petitions.

Section 3513.263 | Processing Nominating Petitions.

Section 3513.271 | Name Change Within Five Years Immediately Preceding Filing of Statement of Candidacy.

Section 3513.28 | Designation of Term.

Section 3513.30 | Death or Withdrawal of Candidate Before Primary Election.

Section 3513.301 | Special Election of Party Candidate for Congress.

Section 3513.31 | Withdrawal, Disqualification, or Death of Candidate Prior to General Election.

Section 3513.311 | Withdrawal, Disqualification, or Death of Governor or Lieutenant Governor Candidate Prior to General Election.

Section 3513.312 | Withdrawal, Disqualification, or Death of Congress Candidate Prior to General Election.

Section 3513.32 | Primary Preceding Special Election.

Section 3513.33 | Notice of Prohibited Campaign Practices.