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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 123
2025-2026
Representatives Johnson, Thomas, D.
Cosponsors: Representatives Bird,
Fowler Arthur, Claggett, Daniels, Hiner
A
BILL
To
amend sections 3.02, 302.09, 305.02, 503.24, and 733.31 of the
Revised Code
to
modify the procedures for filling vacancies in certain local elected
offices.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3.02, 302.09, 305.02, 503.24, and 733.31 of the Revised Code
be amended to read as follows:
Sec.
3.02.
(A)
When
Subject
to division (B) of this section, when
an
elective office becomes vacant and is filled by appointment, such
appointee shall hold the office until the appointee's successor is
elected and qualified; and such successor shall be elected for the
unexpired term, at the first general election for the office which is
vacant that occurs more than forty days after the vacancy has
occurred; provided that when the unexpired term ends within one year
immediately following the date of such general election, an election
to fill such unexpired term shall not be held and the appointment
shall be for such unexpired term.
(B)
In
the case of a vacancy in an office for which the term expires in a
month other than November, December, or January, other than the
office of judge or justice of any court, if no election is held to
fill the vacancy for the remainder of the unexpired term, all of the
following apply:
(1)
If, when the vacancy occurs, a person has been certified as elected
to the office for the following full term, the appointing authority
shall notify the person to provide a copy of the person's certificate
of election to the appointing authority. Upon being presented with a
copy of the person's certificate of election, the appointing
authority shall appoint the person to the office for the remainder of
the unexpired term. If the person fails to qualify to hold the office
for the remainder of the unexpired term, another person shall be
appointed under division (A) of this section to fill the vacancy for
the remainder of the unexpired term.
(2)
If, when the vacancy occurs, a person has not been certified as
elected to the office for the following full term, and the person
appointed to fill the vacancy under division (A) of this section is
not elected to the office for the following full term, the person
shall hold the office only until the person who is elected to the
office for the following full term is appointed and qualifies to
serve the remainder of the unexpired term under division (B)(3) of
this section. However, if the person who is elected to the office for
the following full term fails to qualify to hold the office for the
remainder of the unexpired term under division (B)(3) of this
section, the person appointed to fill the vacancy under division (A)
of this section shall hold the office for the remainder of the
unexpired term.
(3)
If the person who is elected to the office for the following full
term was not already appointed to the office under division (A) of
this section, the appointing authority shall notify the person to
provide a copy of the person's certificate of election to the
appointing authority. Upon being presented with a copy of the
person's certificate of election, the appointing authority shall
appoint the person to the office for the remainder of the unexpired
term.
(4)
As used in division (B) of this section, "appointing authority"
does not include a committee of a political party or a committee of
persons designated by a candidate. In the case of an office for which
such a committee may fill a vacancy, the person who is designated to
make an appointment to fill a vacancy in an elective office whose
previous occupant was elected as an independent candidate is the
appointing authority for purposes of this division.
(C)
When
an elective office becomes vacant and is filled by appointment
under division (A) or (B)(2) of this section
,
the appointing authority shall, immediately but no later than seven
days after making the appointment, certify it to the board of
elections and to the secretary of state. The board of elections or,
in the case of an appointment to a statewide office, the secretary of
state shall issue a certificate of appointment to the appointee.
Certificates of appointment shall be in such form as the secretary of
state shall prescribe.
(C)
(D)
When
an elected candidate fails to qualify for the office to which the
candidate has been elected, the office shall be filled as in the case
of a vacancy. Until so filled, the incumbent officer shall continue
to hold office. This section does not postpone the time for such
election beyond that at which it would have been held had no such
vacancy occurred, or affect the official term, or the time for the
commencement thereof, of any person elected to such office before the
occurrence of such vacancy.
Sec.
302.09.
When
a vacancy occurs in the board of county commissioners or in the
office of county auditor, county treasurer, prosecuting attorney,
clerk of the court of common pleas, sheriff, county recorder, county
engineer, or coroner more than forty days before the next general
election for state and county officers, the vacancy shall be filled
as provided for in
divisions
(A) and (B) of
section
305.02 of the Revised Code.
Sec.
305.02.
(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
Subject
to division (C) of this section, if
a
vacancy occurs from any cause in any of the offices named in division
(A) of this section, then not later than forty-five days after the
vacancy occurs, a person shall be appointed to hold the office and to
perform the duties thereof until a successor is elected and has
qualified. The appointment shall be made as follows:
(1)
If the last occupant of the office was elected as a partisan
candidate, the county central committee of the political party that
nominated the last occupant of the office for the current term shall
make the appointment. However, 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, and the officer-elect was
elected as a partisan candidate, 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.
A
county central committee that makes an appointment under division
(B)(1) of this section shall meet for that purpose not less than five
nor more than forty-five days after the vacancy occurs. 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.
(2)
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 the appointment, 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.
(C)
In
the case of a vacancy in the office of county auditor or county
treasurer, if no election is held to fill the vacancy for the
remainder of the unexpired term, all of the following apply:
(1)
If, when the vacancy occurs, a person has been certified as elected
to the office for the following full term, the board of county
commissioners shall notify the person to provide a copy of the
person's certificate of election to the board. Upon being presented
with a copy of the person's certificate of election, the board shall
appoint the person to the office for the remainder of the unexpired
term. If the person fails to qualify to hold the office for the
remainder of the unexpired term, another person shall be appointed
under division (B) of this section to fill the vacancy for the
remainder of the unexpired term.
(2)
If, when the vacancy occurs, a person has not been certified as
elected to the office for the following full term, and the person
appointed to fill the vacancy under division (B) of this section is
not elected to the office for the following full term, the person
shall hold the office only until the person who is elected to the
office for the following full term is appointed and qualifies to
serve the remainder of the unexpired term under division (C)(3) of
this section. However, if the person who is elected to the office for
the following full term fails to qualify to hold the office for the
remainder of the unexpired term under division (C)(3) of this
section, the person appointed to fill the vacancy under division (B)
of this section shall hold the office for the remainder of the
unexpired term.
(3)
If the person who is elected to the office for the following full
term was not already appointed to the office under division (B) of
this section, the board of county commissioners shall notify the
person to provide a copy of the person's certificate of election to
the board. Upon being presented with a copy of the person's
certificate of election, the board shall appoint the person to the
office for the remainder of the unexpired term.
(D)
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.
(D)
(E)
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 under division (B)
or
(C)
of
this section qualifies and takes the office.
(E)
(F)
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.
Sec.
503.24.
If
(A)
Subject to division (D) of this section, if
there
is a vacancy by reason of the nonacceptance, death, or removal of a
person chosen to an office in any township at the regular election,
or if there is a vacancy from any other cause, the board of township
trustees shall appoint a person having the qualifications of an
elector to fill such vacancy for the unexpired term or until a
successor is elected.
If
(B)
Subject to division (D) of this section, if
a
township is without a board or if no appointment is made within
thirty days after the occurrence of a vacancy, a majority of the
persons designated as the committee of five on the last-filed
nominating petition of the township officer whose vacancy is to be
filled who are residents of the township shall appoint a person
having the qualifications of an elector to fill the vacancy for the
unexpired term or until a successor is elected. If at least three of
the committee members who are residents of the township cannot be
found, or if that number of such members fails to make an appointment
within ten days after the thirty-day period in which the board of
township trustees is authorized to make an appointment, then the
presiding probate judge of the county shall appoint a suitable person
having the qualifications of an elector in the township to fill the
vacancy for the unexpired term or until a successor is elected.
(C)
If
a vacancy occurs in a township elective office more than forty days
before the next general election for municipal and township officers
a successor shall be chosen at that election to fill the unexpired
term, provided the term does not expire within one year from the day
of the election. If the term expires within one year from the day of
the next general election for municipal and township officers, a
successor appointed pursuant to this section shall serve out the
unexpired term
,
subject to division (D) of this section
.
(D)
In the case of a vacancy in the office of township fiscal officer, if
no election is held to fill the vacancy for the remainder of the
unexpired term, all of the following apply:
(1)
If, when the vacancy occurs, a person has been certified as elected
to the office for the following full term, the board of township
trustees or, if the township is without a board, the presiding
probate judge of the county shall notify the person to provide a copy
of the person's certificate of election to the board or the judge, as
applicable. Upon being presented with a copy of the person's
certificate of election, the board or the judge, as applicable, shall
appoint the person to the office for the remainder of the unexpired
term. If the person fails to qualify to hold the office for the
remainder of the unexpired term, another person shall be appointed
under division (A) or (B) of this section to fill the vacancy for the
remainder of the unexpired term.
(2)
If, when the vacancy occurs, a person has not been certified as
elected to the office for the following full term, and the person
appointed to fill the vacancy under division (A) or (B) of this
section is not elected to the office for the following full term, the
person shall hold the office only until the person who is elected to
the office for the following full term is appointed and qualifies to
serve the remainder of the unexpired term under division (D)(3) of
this section. However, if the person who is elected to the office for
the following full term fails to qualify to hold the office for the
remainder of the unexpired term under division (D)(3) of this
section, the person appointed to fill the vacancy under division (A)
or (B) of this section shall hold the office for the remainder of the
unexpired term.
(3)
If the person who is elected to the office for the following full
term was not already appointed to the office under division (A) or
(B) of this section, the board of township trustees or, if the
township is without a board, the presiding probate judge of the
county shall notify the person to provide a copy of the person's
certificate of election to the board or the judge, as applicable.
Upon being presented with a copy of the person's certificate of
election, the board or the judge, as applicable, shall appoint the
person to the office for the remainder of the unexpired term.
Sec.
733.31.
(A)
Unless
Subject
to division (F) of this section and unless
otherwise
provided by law, vacancies arising in appointive and elective offices
of villages shall be filled by appointment by the mayor for the
remainder of the unexpired term, provided that:
(1)
Vacancies in the office of mayor shall be filled in the manner
provided by section 733.25 of the Revised Code;
(2)
Vacancies in the membership of the legislative authority shall be
filled in the manner provided by section 731.43 of the Revised Code;
(3)
Vacancies in the office of president pro tempore of a village
legislative authority shall be filled in the manner provided by
section 731.11 of the Revised Code.
In
the event of a vacancy in the office of village clerk or treasurer,
the mayor may appoint a person to serve as an acting officer to
perform the duties of the office until a permanent officer is
appointed to fill the vacancy.
(B)
Unless
Subject
to division (F) of this section and unless
otherwise
provided by law, vacancies arising in appointive offices of cities
shall be filled by appointment by the mayor for the remainder of the
unexpired term.
(C)
A vacancy in the office of president of the legislative authority of
a city shall be filled in the same manner as provided in division (D)
of this section. Vacancies in the office of mayor of a city shall be
filled in the manner provided in section 733.08 of the Revised Code.
Vacancies in the membership of the legislative authority of a city
shall be filled in the manner provided in section 731.43 of the
Revised Code.
(D)
In case of the death, resignation, removal, or disability of the
director of law, auditor, or treasurer of a city and such vacancy
occurs more than forty days before the next general election for such
office, 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
,
subject to division (F) of this section
.
(1)
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, acting through its members who reside in the city
where the vacancy occurs, 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 members
of the central committee who reside in the city where the vacancy
occurs.
(2)
Not less than five nor more than forty-five days after a vacancy
occurs, the county central committee, acting through its members who
reside in the city where the vacancy occurs, shall meet for the
purpose of making an appointment. Not less than four days before the
date of the meeting the chairperson or secretary of the central
committee shall send by first class mail to every member of such
central committee who resides in the city where the vacancy occurs 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.
(E)
If the last occupant of the office or the officer-elect, as provided
in division (D) of this section, was elected to serve the current
term as an independent candidate, the mayor of the city shall make
the appointment at the time the vacancy occurs.
(F)
In
the case of a vacancy in the office of village clerk, village
clerk-treasurer, or any other city or village elective office for
which the term expires in a month other than November, December, or
January, if no election is held to fill the vacancy for the remainder
of the unexpired term, all of the following apply:
(1)
If, when the vacancy occurs, a person has been certified as elected
to the office for the following full term, the mayor shall notify the
person to provide a copy of the person's certificate of election to
the mayor. Upon being presented with a copy of the person's
certificate of election, the mayor shall appoint the person to the
office for the remainder of the unexpired term. If the person fails
to qualify to hold the office for the remainder of the unexpired
term, another person shall be appointed under divisions (A) to (E) of
this section to fill the vacancy for the remainder of the unexpired
term.
(2)
If, when the vacancy occurs, a person has not been certified as
elected to the office for the following full term, and the person
appointed to fill the vacancy under divisions (A) to (E) of this
section is not elected to the office for the following full term, the
person shall hold the office only until the person who is elected to
the office for the following full term is appointed and qualifies to
serve the remainder of the unexpired term under division (F)(3) of
this section. However, if the person who is elected to the office for
the following full term fails to qualify to hold the office for the
remainder of the unexpired term under division (F)(3) of this
section, the person appointed to fill the vacancy under divisions (A)
to (E) of this section shall hold the office for the remainder of the
unexpired term.
(3)
If the person who is elected to the office for the following full
term was not already appointed to the office under divisions (A) to
(E) of this section, the mayor shall notify the person to provide a
copy of the person's certificate of election to the mayor. Upon being
presented with a copy of the person's certificate of election, the
mayor shall appoint the person to the office for the remainder of the
unexpired term.
(G)
Appointments
made under this section shall be certified by the appointing county
central committee or by the mayor of the municipal corporation to the
county board of elections and to the secretary of state. The persons
so appointed and certified shall be entitled to all remuneration
provided by law for the offices to which they are appointed.
(G)
(H)
The
mayor of the city may appoint a person to hold the city office of
director of law, auditor, or treasurer as an acting officer and to
perform the duties thereof between the occurrence of the vacancy and
the time when the person appointed by the central committee qualifies
and takes the office.
Section
2.
That
existing sections 3.02, 302.09, 305.02, 503.24, and 733.31 of the
Revised Code are hereby repealed.
Section
3.
Sections
3.02, 302.09, 305.02, 503.24, and 733.31 of the Revised Code, as
amended by this act, first apply to vacancies that occur on or after
the effective date of this section.