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As Introduced
136th
General Assembly
Regular
Session
S. B. No. 37
2025-2026
Senator DeMora
Cosponsors: Senators Craig, Smith
A
BILL
To
amend section 3501.01 of the Revised Code
to
require a presidential primary election to be held on the first
Tuesday after the first Monday in May.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
section 3501.01 of the Revised Code be amended to read as follows:
Sec.
3501.01.
As
used in the sections of the Revised Code relating to elections and
political communications:
(A)
"General election" means the election held on the first
Tuesday after the first Monday in each November.
(B)
"Regular municipal election" means the election held on the
first Tuesday after the first Monday in November in each odd-numbered
year.
(C)
"Regular state election" means the election held on the
first Tuesday after the first Monday in November in each
even-numbered year.
(D)
"Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first Monday
in May or November, on the first Tuesday after the first Monday in
August in accordance with section 3501.022 of the Revised Code, or on
the day authorized by a particular municipal or county charter for
the holding of a primary election
,
except that in any year in which a presidential primary election is
held, no special election shall be held in May, except as authorized
by a municipal or county charter, but may be held on the third
Tuesday after the first Monday in March
.
(E)(1)
"Primary" or "primary election" means an election
held for the purpose of nominating persons as candidates of political
parties for election to offices, and for the purpose of electing
persons as members of the controlling committees of political parties
and as delegates and alternates to the conventions of political
parties. Primary elections shall be held on the first Tuesday after
the first Monday in May of each year
except in years in which a presidential primary election is held
.
(2)
"Presidential primary election" means a primary election as
defined by division (E)(1) of this section at which an election is
held for the purpose of choosing delegates and alternates to the
national conventions of the major political parties pursuant to
section 3513.12 of the Revised Code. Unless otherwise specified,
presidential primary elections are included in references to primary
elections.
In years in which a presidential primary election is held, all
primary elections shall be held on the third Tuesday after the first
Monday in March except as otherwise authorized by a municipal or
county charter.
(F)
"Political party" means any group of voters meeting the
requirements set forth in section 3517.01 of the Revised Code for the
formation and existence of a political party.
(1)
"Major political party" means any political party organized
under the laws of this state whose candidate for governor or nominees
for presidential electors received not less than twenty per cent of
the total vote cast for such office at the most recent regular state
election.
(2)
"Minor political party" means any political party organized
under the laws of this state that meets either of the following
requirements:
(a)
Except as otherwise provided in this division, the political party's
candidate for governor or nominees for presidential electors received
less than twenty per cent but not less than three per cent of the
total vote cast for such office at the most recent regular state
election. A political party that meets the requirements of this
division remains a political party for a period of four years after
meeting those requirements.
(b)
The political party has filed with the secretary of state, subsequent
to its failure to meet the requirements of division (F)(2)(a) of this
section, a petition that meets the requirements of section 3517.01 of
the Revised Code.
A
newly formed political party shall be known as a minor political
party until the time of the first election for governor or president
which occurs not less than twelve months subsequent to the formation
of such party, after which election the status of such party shall be
determined by the vote for the office of governor or president.
(G)
"Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most recent regular
state election at which a governor was elected received more votes
than any other person received for election to that office in such
precinct at such election.
(H)
"Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement on
the official ballot of a primary, general, or special election to be
held in this state, or any qualified person who claims to be a
write-in candidate, or who knowingly assents to being represented as
a write-in candidate by another at either a primary, general, or
special election to be held in this state.
(I)
"Independent candidate" means any candidate who claims not
to be affiliated with a political party, and whose name has been
certified on the office-type ballot at a general or special election
through the filing of a statement of candidacy and nominating
petition, as prescribed in section 3513.257 of the Revised Code.
(J)
"Nonpartisan candidate" means any candidate whose name is
required, pursuant to section 3505.04 of the Revised Code, to be
listed on the nonpartisan ballot, including all candidates for judge
of a municipal court, county court, or court of common pleas, for
member of any board of education, for municipal or township offices
in which primary elections are not held for nominating candidates by
political parties, and for offices of municipal corporations having
charters that provide for separate ballots for elections for these
offices.
(K)
"Party candidate" means any candidate who claims to be a
member of a political party and who has been certified to appear on
the office-type ballot at a general or special election as the
nominee of a political party because the candidate has won the
primary election of the candidate's party for the public office the
candidate seeks, has been nominated under section 3517.012, or is
selected by party committee in accordance with section 3513.31 of the
Revised Code.
(L)
"Officer of a political party" includes, but is not limited
to, any member, elected or appointed, of a controlling committee,
whether representing the territory of the state, a district therein,
a county, township, a city, a ward, a precinct, or other territory,
of a major or minor political party.
(M)
"Question or issue" means any question or issue certified
in accordance with the Revised Code for placement on an official
ballot at a general or special election to be held in this state.
(N)
"Elector" or "qualified elector" means a person
having the qualifications provided by law to be entitled to vote.
(O)
"Voter" means an elector who votes at an election.
(P)
"Voting residence" means that place of residence of an
elector which shall determine the precinct in which the elector may
vote.
(Q)
"Precinct" means a district within a county established by
the board of elections of such county within which all qualified
electors having a voting residence therein may vote at the same
polling place.
(R)
"Polling place" means that place provided for each precinct
at which the electors having a voting residence in such precinct may
vote.
(S)
"Board" or "board of elections" means the board
of elections appointed in a county pursuant to section 3501.06 of the
Revised Code.
(T)
"Political subdivision" means a county, township, city,
village, or school district.
(U)
"Election officer" or "election official" means
any of the following:
(1)
Secretary of state;
(2)
Employees of the secretary of state serving the division of elections
in the capacity of attorney, administrative officer, administrative
assistant, elections administrator, office manager, or clerical
supervisor;
(3)
Director of a board of elections;
(4)
Deputy director of a board of elections;
(5)
Member of a board of elections;
(6)
Employees of a board of elections;
(7)
Precinct election officials;
(8)
Employees appointed by the boards of elections on a temporary or
part-time basis.
(V)
"Acknowledgment notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, informing
a voter registration applicant or an applicant who wishes to change
the applicant's residence or name of the status of the application;
the information necessary to complete or update the application, if
any; and if the application is complete, the precinct in which the
applicant is to vote.
(W)
"Confirmation notice" means a notice sent by a board of
elections, on a form prescribed by the secretary of state, to a
registered elector to confirm the registered elector's current
address.
(X)
"Designated agency" means an office or agency in the state
that provides public assistance or that provides state-funded
programs primarily engaged in providing services to persons with
disabilities and that is required by the National Voter Registration
Act of 1993 to implement a program designed and administered by the
secretary of state for registering voters, or any other public or
government office or agency that implements a program designed and
administered by the secretary of state for registering voters,
including the department of job and family services, the program
administered under section 3701.132 of the Revised Code by the
department of health, the department of mental health and addiction
services, the department of developmental disabilities, the
opportunities for Ohioans with disabilities agency, and any other
agency the secretary of state designates. "Designated agency"
does not include public high schools and vocational schools, public
libraries, or the office of a county treasurer.
(Y)
"National Voter Registration Act of 1993" means the
"National Voter Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z)
"Voting Rights Act of 1965" means the "Voting Rights
Act of 1965," 79 Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA)(1)
"Photo identification" means one of the following documents
that includes the individual's name and photograph and is not
expired:
(a)
An Ohio driver's license, state identification card, or interim
identification form issued by the registrar of motor vehicles or a
deputy registrar under Chapter 4506. or 4507. of the Revised Code;
(b)
A United States passport or passport card;
(c)
A United States military identification card, Ohio national guard
identification card, or United States department of veterans affairs
identification card.
(2)
A "copy" of an individual's photo identification means
images of both the front and back of a document described in division
(AA)(1) of this section, except that if the document is a United
States passport, a copy of the photo identification means an image of
the passport's identification page that includes the individual's
name, photograph, and other identifying information and the
passport's expiration date.
(BB)
"Driver's license" means a license or permit issued by the
registrar or a deputy registrar under Chapter 4506. or 4507. of the
Revised Code that authorizes an individual to drive. "Driver's
license" includes a driver's license, commercial driver's
license, probationary license, restricted license, motorcycle
operator's license, or temporary instruction permit identification
card. "Driver's license" does not include a limited term
license issued under section 4507.09 of the Revised Code.
(CC)
"State identification card" means a card issued by the
registrar or a deputy registrar under sections 4507.50 to 4507.52 of
the Revised Code.
(DD)
"Interim identification form" means the document issued by
the registrar or a deputy registrar to an applicant for a driver's
license or state identification card that contains all of the
information otherwise found on the license or card and that an
applicant may use as a form of identification until the physical
license or card arrives in the mail.
Section
2.
That
existing section 3501.01 of the Revised Code is hereby repealed.