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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 752
2025-2026
Representative Lorenz
To
amend sections 3501.06, 3501.07, 3501.08, 3501.12, and 3501.15 and to
enact section 3501.111 of the Revised Code
to
prohibit a board of elections member or employee from being a member
of a political party's state central committee and to create a
conflict of interest procedure for the boards of elections.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3501.06, 3501.07, 3501.08, 3501.12, and 3501.15 be amended
and section 3501.111 of the Revised Code be enacted to read as
follows:
Sec.
3501.06.
(A)
(A)(1)
There
shall be in each county of the state a board of elections consisting
of four
qualified electors of the county
members and two alternate members
,
who shall be appointed by the secretary of state
in accordance with section 3501.07 of the Revised Code
,
as the secretary's representatives.
Each
member and alternate member of the board shall be a qualified elector
of the county. Members of the board shall serve terms of four years
and alternate members of the board shall serve terms of two years.
(2)
Alternate members of the board shall serve only as required under
section 3501.111 of the Revised Code.
(B)(1)
On the first day of March in the years 2014 and 2016, the secretary
of state shall appoint two of such board members for a term of three
years. One of those board members shall be from the political party
which cast the highest number of votes for the office of governor at
the most recent regular state election, and the other shall be from
the political party which cast the next highest number of votes for
the office of governor at such election.
(2)
Beginning in 2017, on the first day of March in odd-numbered years,
the secretary of state shall appoint two of such board members for a
term of four years. One of those board members shall be from the
political party which cast the highest number of votes for the office
of governor at the most recent regular state election, and the other
shall be from the political party which cast the next highest number
of votes for the office of governor at such election. Thereafter, all
appointments
of
board members
shall
be made on the first day of March in odd-numbered years for a term of
four years.
(3)
Beginning on the first day of March in an odd-numbered year after
this amendment takes effect, and on the first day of March in each
odd-numbered year thereafter, the secretary of state shall appoint
two alternate members to the board to serve terms of two years. One
alternate member shall be from the political party that cast the
highest number of votes for the office of governor at the most recent
regular state election, and the other shall be from the political
party that cast the next highest number of votes for the office of
governor at such election.
(C)
All vacancies filled for unexpired terms and all appointments to new
terms shall be made from the political party to which the vacating or
outgoing member belonged, unless there is a third political party
which cast a greater number of votes in the state at the most recent
regular state election for the office of governor than did the party
to which the retiring member belonged, in which event the vacancy
shall be filled from such third party.
Sec.
3501.07.
At
a meeting held not more than sixty nor less than fifteen days before
the expiration date of the term of office of a member
or
alternate member
of
the board of elections, or within fifteen days after a vacancy occurs
in the board, the county executive committee of the major political
party entitled to the appointment may make and file a recommendation
with the secretary of state for the appointment of a qualified
elector. The secretary of state shall appoint such elector, unless
the secretary of state has reason to believe that the elector would
not be a competent member
or
alternate member
of
such board
,
as applicable
.
In such cases the secretary of state shall so state in writing to the
chairperson of such county executive committee, with the reasons
therefor, and such committee may either recommend another elector or
may apply for a writ of mandamus to the supreme court to compel the
secretary of state to appoint the elector so recommended. In such
action the burden of proof to show the qualifications of the person
so recommended shall be on the committee making the recommendation.
If no such recommendation is made, the secretary of state shall make
the appointment.
If
a vacancy on the board of elections is to be filled by a minor
political party, authorized officials of that party may within
fifteen days after the vacancy occurs recommend a qualified person to
the secretary of state for appointment to such vacancy.
This
section does not apply to the appointment of a temporary alternate
member under division (C)(2) of section 3501.111 of the Revised Code.
Sec.
3501.08.
Before
entering upon the duties of
his
the
office, each member
and
alternate member
of
the board of elections shall appear before a person authorized to
administer oaths and take and subscribe to an oath that
he
the
member or alternate member
will support the constitutions of the United States and of the state,
will perform the duties of the office to the best of
his
the
member's or alternate member's
ability, will enforce the election laws, and will protect and
preserve the records and property pertaining to elections. Such oath
shall be filed with the clerk of the court of common pleas of the
county wherein the officer resides within fifteen days from the date
of appointment.
Sec.
3501.111.
(A)
No member, alternate member, or temporary alternate member of a board
of elections shall participate in any hearing, deliberation, or vote
on any matter in which the person has a direct personal, financial,
professional, or political interest. For purposes of this division,
the sole fact that a party to a matter before the board is a member
of a particular political party does not in itself constitute a
direct political interest on the part of a member, alternate member,
or temporary alternate member of the board.
(B)
A member, alternate member, or temporary alternate member who has a
conflict of interest as described in division (A) of this section
first shall file a written disclosure of the conflict of interest
with the board of elections and with the secretary of state and then
shall recuse the person's self from the matter. The disclosure shall
be on a form prescribed by the secretary of state and shall describe
the nature of the conflict of interest. A disclosure filed under this
division is a public record for purposes of section 149.43 of the
Revised Code.
(C)(1)
When a member is recused under division (B) of this section, the
alternate member of the board who is from the same political party as
the member shall serve in the recused member's place, solely for the
purpose of hearing, deliberating, and voting on the matter in which
the member has a conflict of interest. An alternate member shall
participate in no other matter before the board.
(2)
When an alternate member or temporary alternate member is recused
under division (B) of this section, the secretary of state shall
appoint a qualified elector of the county to serve as a temporary
alternate member in the recused alternate or temporary alternate
member's place, solely for the purpose of hearing, deliberating, and
voting on the matter in which the alternate or temporary alternate
member has a conflict of interest. A temporary alternate member shall
participate in no other matter before the board. Before entering upon
the temporary alternate member's duties, the temporary alternate
member shall take the oath of office under section 3501.08 of the
Revised Code. The temporary alternate member's term of office ends at
the conclusion of the hearing, deliberation, and vote on the matter
in which the alternate member has a conflict of interest.
Sec.
3501.12.
(A)
(A)(1)
The
annual compensation of members of the board of elections shall be
determined on the basis of the population of the county according to
the next preceding federal census, and shall be paid monthly out of
the appropriations made to the board and upon vouchers or payrolls
certified by the chairperson, or a member of the board designated by
it, and countersigned by the director or in the director's absence by
the deputy director. Upon presentation of any such voucher or
payroll, the county auditor shall issue a warrant upon the county
treasurer for the amount thereof as in the case of vouchers or
payrolls for county offices and the treasurer shall pay such warrant.
(2)
Alternate members and temporary alternate members of the board of
elections shall serve without compensation.
(B)
In calendar year 2018, the amount of annual compensation of each
member of the board of elections shall be the greater of the
following:
(1)
The sum of the following:
(a)
One hundred two dollars and forty-one cents for each full one
thousand of the first one hundred thousand population;
(b)
Forty-eight dollars and seventy-nine cents for each full one thousand
of the second one hundred thousand population;
(c)
Twenty-six dollars and fifty cents for each full one thousand of the
third one hundred thousand population;
(d)
Eight dollars and thirteen cents for each full one thousand above
three hundred thousand population.
(2)
Six thousand dollars.
(C)
The annual compensation of each member of the board shall be computed
after increasing the dollar amounts specified in divisions (B)(1) and
(2) of this section as follows:
(1)
In calendar year 2019 and in each calendar year thereafter through
calendar year 2025, by one and three-quarters per cent;
(2)
In calendar year 2026 and in each calendar year thereafter through
calendar year 2029, by five per cent.
(D)
For the purposes of this section, members of boards of elections
shall be deemed to be appointed and not elected, and therefore not
subject to Section 20 of Article II of the Ohio Constitution.
Sec.
3501.15.
(A)(1)
No
person shall serve as a member,
alternate
member, temporary alternate member,
director,
deputy director, or employee of the board of elections who is a
candidate for any office to be filled at an election
,
except
.
(2)
Division (A)(1) of this section does not apply to a candidate for
the
office of delegate or alternate to a convention, member of the board
of directors of a county agricultural society,
or
presidential
elector
,
or a
.
(3)
Division (A)(1) of this section applies to a candidate for member of
the state central committee of a political party but not to a
candidate for
member
of
a
any
other political
party
committee.
No
(B)
No member of the state central committee of a political party shall
serve as a member, alternate member, temporary alternate member,
director, deputy director, or employee of a board of elections. When
a member, alternate member, temporary alternate member, director,
deputy director, or employee of a board of elections becomes a member
of the state central committee of a political party, the person's
office or position with the board of elections is deemed vacant.
(C)
No
person
who is a candidate for an office or position to be voted for by the
electors of a precinct, except for a candidate for county central
committee who is not opposed by any other candidate in that election
and precinct, shall serve as a precinct election officer in said
precinct.
Section
2.
That
existing sections 3501.06, 3501.07, 3501.08, 3501.12, and 3501.15 of
the Revised Code are hereby repealed.
Section
3.
(A)
Not later than fifteen days after the effective date of this section,
the county executive committee of each political party that cast the
highest or next highest number of votes for the office of Governor at
the most recent regular state election may make and file a
recommendation with the Secretary of State for the appointment of a
qualified elector of the county to serve as an alternate member of
the board of elections. The Secretary of State shall appoint that
elector under division (B) of this section, unless the Secretary of
State has reason to believe that the elector would not be a competent
alternate member of the board. In that case, the Secretary of State
shall state that fact and the reasons in writing to the chairperson
of the county executive committee, and the committee may either
recommend another elector or may apply for a writ of mandamus to the
Supreme Court to compel the Secretary of State to appoint the
recommended elector. The burden of proof to show the qualifications
of the recommended elector are on the committee making the
recommendation. If no such recommendation is made, the Secretary of
State shall make the appointment under division (B) of this section.
(B)
Not later than thirty days after the effective date of this section,
the Secretary of State shall appoint two alternate members to each
board of elections. One alternate member shall be from the political
party that cast the highest number of votes for the office of
Governor at the most recent regular state election, and the other
shall be from the political party that cast the next highest number
of votes for the office of Governor at that election. The alternate
members appointed under this division shall serve until the next
alternate members are appointed and take office under division (B)(3)
of section 3501.06 of the Revised Code, as amended by this act.