Make Election Day a holiday

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 335

2025-2026

Senator Smith

Cosponsors: Senators Antonio,
Blackshear, DeMora, Liston

To
amend sections 1.14, 5.20, 124.19, 325.19, 511.10, 1345.21, 3313.63,
and 3319.087 of the Revised Code
to
make Election Day a holiday.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 1.14, 5.20, 124.19, 325.19, 511.10, 1345.21, 3313.63, and
3319.087 of the Revised Code be amended to read as follows:

Sec.
1.14.
The
time within which an act is required by law to be done shall be
computed by excluding the first and including the last day; except
that, when the last day falls on Sunday or a legal holiday, the act
may be done on the next succeeding day that is not Sunday or a legal
holiday.

When
a public office in which an act, required by law, is to be performed
is closed to the public for the entire day that constitutes the last
day for doing the act or before its usual closing time on that day,
the act may be performed on the next succeeding day that is not a
Sunday or a legal holiday as defined in this section.

"Legal
holiday" as used in this section means the following days:

(A)
The first day of January, known as New Year's day;

(B)
The third Monday in January, known as Martin Luther King day;

(C)
The third Monday in February, known as Washington-Lincoln day;

(D)
The day designated in the "Act of June 28, 1968," 82 Stat.
250, 5 U.S.C. 6103, as amended, for the commemoration of Memorial
day;

(E)
The nineteenth day of June, known as Juneteenth day;

(F)
The fourth day of July, known as Independence day;

(G)
The first Monday in September, known as Labor day;

(H)
The second Monday in October, known as Columbus day;

(I)

The
first Tuesday after the first Monday in November, known as Democracy
day;

(J)

The
eleventh day of November, known as Veterans' day;

(J)

(K)

The
fourth Thursday in November, known as Thanksgiving day;

(K)

(L)

The
twenty-fifth day of December, known as Christmas day;

(L)

(M)

Any
day appointed and recommended by the governor of this state or the
president of the United States as a holiday.

If
any day designated in this section as a legal holiday falls on
Sunday, the next succeeding day is a legal holiday.

Sec.
5.20.
The
first Tuesday after the first Monday in November of each year
,
between the hours of twelve noon, eastern standard time, and
five-thirty p.m., eastern standard time,

is a legal holiday.

Sec.
124.19.
(A)
State holidays shall be the first day of January, the third Monday in
January, the third Monday in February, the day designated in the "Act
of June 28, 1968," 82 Stat. 250, 5 U.S.C. 6103, as amended, for
the commemoration of Memorial day, the nineteenth day of June, the
fourth day of July, the first Monday in September, the second Monday
in October,
the
first Tuesday after the first Monday in November,
the
eleventh day of November, the fourth Thursday in November, the
twenty-fifth day of December, and any day appointed and recommended
by the governor of this state or the president of the United States.
Employees shall be paid for these holidays as specified in section
124.18 of the Revised Code.

(B)
The board of trustees of a community college, technical college,
state community college, or state university or college as defined in
division (A)(1) of section 3345.12 of the Revised Code may, for all
employees of the college or university, observe on days other than
those specified in division (A) of this section any of the holidays
otherwise observed on the third Monday in January, the third Monday
in February, and the second Monday in October.

Sec.
325.19.
(A)(1)
The granting of vacation leave under division (A)(1) of this section
is subject to divisions (A)(2) and (3) of this section. Each
full-time employee in the several offices and departments of the
county service, including full-time hourly rate employees, after
service of one year with the county or any political subdivision of
the state, shall have earned and will be due upon the attainment of
the first year of employment, and annually thereafter, eighty hours
of vacation leave with full pay. One year of service shall be
computed on the basis of twenty-six biweekly pay periods. A full-time
county employee with eight or more years of service with the county
or any political subdivision of the state shall have earned and is
entitled to one hundred twenty hours of vacation leave with full pay.
A full-time county employee with fifteen or more years of service
with the county or any political subdivision of the state shall have
earned and is entitled to one hundred sixty hours of vacation leave
with full pay. A full-time county employee with twenty-five years of
service with the county or any political subdivision of the state
shall have earned and is entitled to two hundred hours of vacation
leave with full pay. Such vacation leave shall accrue to the employee
at the rate of three and one-tenth hours each biweekly period for
those entitled to eighty hours per year; four and six-tenths hours
each biweekly period for those entitled to one hundred twenty hours
per year; six and two-tenths hours each biweekly period for those
entitled to one hundred sixty hours per year; and seven and
seven-tenths hours each biweekly period for those entitled to two
hundred hours per year.

The
appointing authorities of the offices and departments of the county
service may permit all or any part of a person's prior service with
any regional council of government established in accordance with
Chapter 167. of the Revised Code to be considered service with the
county or a political subdivision of the state for the purpose of
determining years of service under this division.

(2)
Full-time employees granted vacation leave under division (A)(1) of
this section who render any standard of service other than forty
hours per week as described in division (K) of this section and who
are in active pay status in a biweekly pay period, shall accrue a
number of hours of vacation leave during each such pay period that
bears the same ratio to the number of hours specified in division
(A)(1) of this section as their number of hours which are accepted as
full-time in active pay status, excluding overtime hours, bears to
eighty hours.

(3)
Full-time employees granted vacation leave under division (A)(1) of
this section who are in active pay status in a biweekly pay period
for less than eighty hours or the number of hours of service
otherwise accepted as full-time by their employing office or
department shall accrue a number of hours of vacation leave during
that pay period that bears the same ratio to the number of hours
specified in division (A)(1) of this section as their number of hours
in active pay status, excluding overtime hours, bears to eighty or
the number of hours of service accepted as full-time, whichever is
applicable.

(B)
A board of county commissioners, by resolution, may grant vacation
leave with full pay to part-time county employees. A part-time county
employee shall be eligible for vacation leave with full pay upon the
attainment of the first year of employment, and annually thereafter.
The ratio between the hours worked and the vacation hours awarded to
a part-time employee shall be the same as the ratio between the hours
worked and the vacation hours earned by a full-time employee as
provided for in this section.

(C)
Days specified as holidays in section 124.19 of the Revised Code
shall not be charged to an employee's vacation leave. Vacation leave
shall be taken by the employee during the year in which it accrued
and prior to the next recurrence of the anniversary date of the
employee's employment, provided that the appointing authority may, in
special and meritorious cases, permit such employee to accumulate and
carry over the employee's vacation leave to the following year. No
vacation leave shall be carried over for more than three years. An
employee is entitled to compensation, at the employee's current rate
of pay, for the prorated portion of any earned but unused vacation
leave for the current year to the employee's credit at time of
separation, and in addition shall be compensated for any unused
vacation leave accrued to the employee's credit, with the permission
of the appointing authority, for the three years immediately
preceding the last anniversary date of employment.

(D)(1)
In addition to vacation leave, a full-time county employee is
entitled to eight hours of holiday pay for New Year's day, Martin
Luther King day, Washington-Lincoln day, Memorial day, Juneteenth
day, Independence day, Labor day, Columbus day,
Democracy
day,
Veterans'
day, Thanksgiving day, and Christmas day, of each year. Except as
provided in division (D)(2) of this section, holidays shall occur on
the days specified in section 1.14 of the Revised Code. If any of
those holidays fall on Saturday, the Friday immediately preceding
shall be observed as the holiday. If any of those holidays fall on
Sunday, the Monday immediately succeeding shall be observed as the
holiday. If an employee's work schedule is other than Monday through
Friday, the employee is entitled to holiday pay for holidays observed
on the employee's day off regardless of the day of the week on which
they are observed.

(2)(a)
When a classified employee of a county board of developmental
disabilities works at a site maintained by a government entity other
than the board, such as a public school, the board may adjust the
employee's holiday schedule to conform to the schedule adopted by the
government entity. Under an adjusted holiday schedule, an employee
shall receive the number of hours of holiday pay granted under
division (D)(1) of this section.

(b)
Pursuant to division (J)(6) of section 339.06 of the Revised Code, a
county hospital may observe Martin Luther King day,
Washington-Lincoln day, Columbus day, and Veterans' day on days other
than those specified in section 1.14 of the Revised Code.

(E)
In the case of the death of a county employee, the unused vacation
leave and unpaid overtime to the credit of the employee shall be paid
in accordance with section 2113.04 of the Revised Code, or to the
employee's estate.

(F)
Notwithstanding this section or any other section of the Revised
Code, any appointing authority of a county office, department,
commission, board, or body may, upon notification to the board of
county commissioners, establish alternative schedules of vacation
leave and holidays for employees of the appointing authority for whom
the state employment relations board has not established an
appropriate bargaining unit pursuant to section 4117.06 of the
Revised Code, as long as the alternative schedules are not
inconsistent with the provisions of at least one collective
bargaining agreement covering other employees of that appointing
authority, if such an agreement exists. If no such collective
bargaining agreement exists, an appointing authority, upon
notification to the board of county commissioners, may establish an
alternative schedule of vacation leave and holidays for its employees
that does not diminish the vacation leave and holiday benefits
granted by this section.

(G)
The employees of a county children services board that establishes
vacation benefits under section 5153.12 of the Revised Code are
exempt from division (A) of this section.

(H)
The provisions of this section do not apply to superintendents and
management employees of county boards of developmental disabilities.

(I)
Division (A) of this section does not apply to an employee of a
county board of developmental disabilities who works at, or provides
transportation services to pupils of, a special education program
provided by the county board pursuant to division (A)(4) of section
5126.05 of the Revised Code, if the employee's employment is based on
a school year and the employee is not subject to a contract with the
county board that provides for division (A) of this section to apply
to the employee.

(J)
Notwithstanding division (C) of this section or any other section of
the Revised Code, if a separation from county service occurs in
connection with the lease, sale, or other transfer of all or
substantially all the business and assets of a county hospital
organized under Chapter 339. of the Revised Code to a private
corporation or other entity, the appointing authority shall have no
obligation to pay any compensation with respect to unused vacation
leave accrued to the credit of an employee who accepts employment
with the acquiring corporation or other entity, if at the effective
time of separation the acquiring corporation or other entity
expressly assumes such unused vacation leave accrued to the
employee's credit.

(K)
As used in this section:

(1)
"Full-time employee" means an employee whose regular hours
of service for a county total forty hours per week, or who renders
any other standard of service accepted as full-time by an office,
department, or agency of county service.

(2)
"Part-time employee" means an employee whose regular hours
of service for a county total less than forty hours per week, or who
renders any other standard of service accepted as part-time by an
office, department, or agency of county service, and whose hours of
county service total at least five hundred twenty hours annually.

(3)
"Management employee" has the same meaning as in section
5126.20 of the Revised Code.

Sec.
511.10.
The
board of township trustees may appoint such superintendents,
architects, clerks, laborers, and other employees as are necessary
and fix their compensation. Any person so appointed may be removed by
a majority of the members of such board at any time.

Any
township employee working on a salary or hourly basis is entitled to
eight hours of holiday pay for New Year's day, Martin Luther King
day, Washington-Lincoln day, Memorial day, Juneteenth day,
Independence day, Labor day, Columbus day,
Democracy
day,
Veterans'
day, Thanksgiving day, and Christmas day, of each year, provided that
the employee is a regular employee with at least six months full-time
township service prior to the month when such holiday occurs.
Holidays shall occur on the days specified in section 1.14 of the
Revised Code.

The
board of township trustees may purchase or lease uniforms for
laborers or other employees engaged in the maintenance of township
property.

Sec.
1345.21.
As
used in sections 1345.21 to 1345.28 of the Revised Code:

(A)
"Home solicitation sale" means a sale of consumer goods or
services in which the seller or a person acting for the seller
engages in a personal solicitation of the sale at a residence of the
buyer, including solicitations in response to or following an
invitation by the buyer, and the buyer's agreement or offer to
purchase is there given to the seller or a person acting for the
seller, or in which the buyer's agreement or offer to purchase is
made at a place other than the seller's place of business. It does
not include a transaction or transactions in which:

(1)
The total purchase price to be paid by the buyer, whether under
single or multiple contracts, is less than twenty-five dollars;

(2)
The transaction was conducted and consummated entirely by mail or by
telephone if initiated by the buyer, and without any other contact
between the seller or the seller's representative prior to the
delivery of goods or performance of the service;

(3)
The final agreement is made pursuant to prior negotiations in the
course of a visit by the buyer to a retail business establishment
having a fixed permanent location where the goods are exhibited or
the services are offered for sale on a continuing basis;

(4)
The buyer initiates the contact between the parties for the purpose
of negotiating a purchase and the seller has a business establishment
at a fixed location in this state where the goods or services
involved in the transaction are regularly offered or exhibited for
sale.

Advertisements
by such a seller in newspapers, magazines, catalogues, radio, or
television do not constitute the seller initiation of the contact.

(5)
The buyer initiates the contact between the parties, the goods or
services are needed to meet a bona fide immediate personal emergency
of the buyer which will jeopardize the welfare, health, or safety of
natural persons, or endanger property which the buyer owns or for
which the buyer is responsible, and the buyer furnishes the seller
with a separate, dated, and signed statement in the buyer's
handwriting describing the situation requiring immediate remedy and
expressly acknowledging and waiving the right to cancel the sale
within three business days;

(6)
The buyer has initiated the contact between the parties and
specifically requested the seller to visit the buyer's home for the
purpose of repairing or performing maintenance upon the buyer's
personal property. If, in the course of such a visit, the seller
sells the buyer additional services or goods other than replacement
parts necessarily used in performing the maintenance or in making the
repairs, the sale of those additional goods or services does not fall
within this exclusion.

(7)
The buyer is accorded the right of rescission by the "Consumer
Credit Protection Act," (1968) 82 Stat. 152, 15 U.S.C. 1635, or
regulations adopted pursuant to it.

(B)
"Sale" includes a lease or rental.

(C)
"Seller" includes a lessor or anyone offering goods for
rent.

(D)
"Buyer" includes a lessee or anyone who gives a
consideration for the privilege of using goods.

(E)
"Consumer goods or services" means goods or services
purchased, leased, or rented primarily for personal, family, or
household purposes, including courses or instruction or training
regardless of the purpose for which they are taken.

(F)
"Consumer goods or services" does not include goods or
services pertaining to any of the following:

(1)
Sales or rentals of real property by a real estate broker or
salesperson, or by a foreign real estate dealer or salesperson, who
is licensed by the Ohio real estate commission under Chapter 4735. of
the Revised Code;

(2)
The sale of securities or commodities by a broker-dealer registered
with the securities and exchange commission;

(3)
The sale of securities or commodities by a securities dealer or
salesperson licensed by the division of securities under Chapter
1707. of the Revised Code;

(4)
The sale of insurance by a person licensed by the superintendent of
insurance;

(5)
Goods sold or services provided by automobile dealers and
salespersons licensed by the registrar of motor vehicles under
Chapter 4517. of the Revised Code;

(6)
The sale of property at an auction by an auctioneer licensed by the
department of agriculture under Chapter 4707. of the Revised Code.

(G)
"Purchase price" means the total cumulative price of the
consumer goods or services, including all interest and service
charges.

(H)
"Place of business" means the main office, or a permanent
branch office or permanent local address of a seller.

(I)
"Business day" means any calendar day except Sunday, or the
following business holidays: New Year's day, Martin Luther King day,
Presidents' day, Memorial day, Juneteenth day, Independence day,
Labor day, Columbus day,
Democracy
day,
Veterans
day, Thanksgiving day, and Christmas day.

Sec.
3313.63.
Boards
of education may dismiss the schools under their control on the first
day of January, the third Monday in January, the third Monday in
February, the day designated in the "Act of June 28, 1968,"
82 Stat. 250, 5 U.S.C. 6103, as amended, for the commemoration of
Memorial day, the nineteenth day of June, the fourth day of July, the
first Monday in September, the second Monday in October,
the
first Tuesday after the first Monday in November,
the
eleventh day of November, or the succeeding Monday when that day
falls on a Sunday, the fourth Thursday in November, and the
twenty-fifth day of December, on any day set apart by proclamation of
the president of the United States or the governor of this state as a
day of fast, thanksgiving, or mourning, or on the days approved by
the board for teachers' attendance at an educational meeting.

Sec.
3319.087.
Notwithstanding
section 3319.086 of the Revised Code, all regular nonteaching school
employees employed on an eleven or twelve month basis, whether
salaried or compensated on an hourly or per diem basis, are entitled
to a minimum of the following holidays for which they shall be paid
their regular salary or their regular rate of pay, provided each such
employee accrued earnings on the employee's next preceding and next
following scheduled work days before and after such holiday or was
properly excused from attendance at work on either or both of those
days: New Year's day, Martin Luther King day, Memorial day,
Juneteenth day, Independence day, Labor day,
Democracy
day,
Thanksgiving
day, and Christmas day of each year. All regular nonteaching school
employees employed on a nine or ten month basis, whether salaried or
compensated on an hourly or per diem basis, are entitled to a minimum
of the following holidays for which they shall be paid their regular
salary or their regular rate of pay, provided each such employee
accrued earnings on the employee's next preceding and next following
scheduled work days before and after such holiday or was properly
excused from attendance at work on either or both of those days: New
Year's day, Martin Luther King day, Memorial day, Labor day,

Democracy
day,
Thanksgiving
day, and Christmas day of each year. Regular nonteaching school
employees employed less than nine months shall be entitled to a
minimum of those holidays enumerated in this section which fall
during the employees' time of employment. In addition to the above
named holidays, a board of education may declare any other day,
except days approved for teachers' attendance at an educational
meeting, as a holiday and shall pay to all such regular nonteaching
school employees, whether salaried or compensated on an hourly or per
diem basis, their regular salary or their regular rate of pay. When
any employee is required by the employee's responsible administrative
superior to work on any of the paid holidays, the employee shall be
granted compensatory time off for which the employee shall be paid
the employee's regular salary or regular rate of pay, or a board of
education may establish a premium rate of pay for work performed on a
paid holiday. Holidays shall occur on the days specified in section
1.14 of the Revised Code.

For
purposes of determining whether a person who is not in the employ of
a board of education on Labor day is in compliance with the
requirement of this section that states that in order for a
nonteaching employee to be eligible for Labor day holiday pay the
employee must have accrued earnings on the scheduled work day
immediately preceding Labor day or have been excused from attendance
at work on that day, a board of education shall count the employee's
last scheduled work day of the employee's preceding period of
employment as the employee's last scheduled day of employment for
purposes of this requirement.

For
the purposes of this section, "employed" and "time of
employment" mean the period from the initial date of employment
to the termination of employment with that school district.

Section
2.
That
existing sections 1.14, 5.20, 124.19, 325.19, 511.10, 1345.21,
3313.63, and 3319.087 of the Revised Code are hereby repealed.