Ohio Revised Code
Chapter 3513 | Primaries; Nominations
Section 3513.30 | Death or Withdrawal of Candidate Before Primary Election.

Effective: June 21, 2013
Latest Legislation: Senate Bill 47 - 130th General Assembly
(A)(1) If only one valid declaration of candidacy is filed for nomination as a candidate of a political party for an office and that candidate dies prior to the tenth day before the primary election, both of the following may occur:
(a) The political party whose candidate died may fill the vacancy so created as provided in division (A)(2) of this section.
(b) Any major political party other than the one whose candidate died may select a candidate as provided in division (A)(2) of this section under either of the following circumstances:
(i) No person has filed a valid declaration of candidacy for nomination as that party's candidate at the primary election.
(ii) Only one person has filed a valid declaration of candidacy for nomination as that party's candidate at the primary election, that person has withdrawn, died, or been disqualified under section 3513.052 of the Revised Code, and the vacancy so created has not been filled.
(2) A vacancy may be filled under division (A)(1)(a) and a selection may be made under division (A)(1)(b) of this section by the appropriate committee of the political party in the same manner as provided in divisions (A) to (E) of section 3513.31 of the Revised Code for the filling of similar vacancies created by withdrawals or disqualifications under section 3513.052 of the Revised Code after the primary election, except that the certification required under that section may not be filed with the secretary of state, or with a board of the most populous county of a district, or with the board of a county in which the major portion of the population of a subdivision is located, later than four p.m. of the tenth day before the day of such primary election, or with any other board later than four p.m. of the fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is filed for nomination as a candidate of a political party for an office and that candidate dies on or after the tenth day before the day of the primary election, that candidate is considered to have received the nomination of that candidate's political party at that primary election, and, for purposes of filling the vacancy so created, that candidate's death shall be treated as if that candidate died on the day after the day of the primary election.
(B) Any person filing a declaration of candidacy may withdraw as such candidate at any time prior to the primary election. The withdrawal shall be effected and the statement of withdrawal shall be filed in accordance with the procedures prescribed in division (D) of this section for the withdrawal of persons nominated in a primary election or by nominating petition.
(C) A person who is the first choice for president of the United States by a candidate for delegate or alternate to a national convention of a political party may withdraw consent for the selection of the person as such first choice no later than four p.m. of the fortieth day before the day of the presidential primary election. Withdrawal of consent shall be for the entire slate of candidates for delegates and alternates who named such person as their presidential first choice and shall constitute withdrawal from the primary election by such delegates and alternates. The withdrawal shall be made in writing and delivered to the secretary of state. If the withdrawal is delivered to the secretary of state on or before the seventieth day before the day of the primary election, the boards of elections shall remove both the name of the withdrawn first choice and the names of such withdrawn candidates from the ballots according to the directions of the secretary of state. If the withdrawal is delivered to the secretary of state after the seventieth day before the day of the primary election, the board of elections shall not remove the name of the withdrawn first choice and the names of the withdrawn candidates from the ballots. The board of elections shall post a notice at each polling location on the day of the primary election, and shall enclose with each absent voter's ballot given or mailed after the candidate withdraws, a notice that votes for the withdrawn first choice or the withdrawn candidates will be void and will not be counted. If such names are not removed from all ballots before the day of the election, the votes for the withdrawn first choice or the withdrawn candidates are void and shall not be counted.
(D) Any person nominated in a primary election or by nominating petition as a candidate for election at the next general election may withdraw as such candidate at any time prior to the general election. Such withdrawal may be effected by the filing of a written statement by such candidate announcing the candidate's withdrawal and requesting that the candidate's name not be printed on the ballots. If such candidate's declaration of candidacy or nominating petition was filed with the secretary of state, the candidate's statement of withdrawal shall be addressed to and filed with the secretary of state. If such candidate's declaration of candidacy or nominating petition was filed with a board of elections, the candidate's statement of withdrawal shall be addressed to and filed with such board.
(E) When a person withdraws under division (B) or (D) of this section on or before the seventieth day before the day of the primary election or the general election, the board of elections shall remove the name of the withdrawn candidate from the ballots according to the directions of the secretary of state. When a person withdraws under division (B) or (D) of this section after the seventieth day before the day of the primary election or the general election, the board of elections shall not remove the name of the withdrawn candidate from the ballots. The board of elections shall post a notice at each polling place on the day of the election, and shall enclose with each absent voter's ballot given or mailed after the candidate withdraws, a notice that votes for the withdrawn candidate will be void and will not be counted. If the name is not removed from all ballots before the day of the election, the votes for the withdrawn candidate are void and shall not be counted.

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.