Chapter 901:13-3 Election of District Supervisors
(A) Nominations of candidates for election of successors to fill expired terms of district supervisors, or unexpired terms, where an election is required pursuant to section 940.04 of the Revised Code, shall be declared valid upon meeting one of the following:
(1) Nomination is made not less than forty-five days before the time of the conduct of the election by a three-member nominating committee appointed by the chairman of the existing duly-elected district board of supervisors. The nominating committee shall consist of a continuing member of the existing district board and two other persons who are knowledgeable of the district.
(2) Nomination is made by a county resident seeking nomination submitting a candidate nomination petition with ten valid signatures, of individuals who are eighteen years of age or older, or who own or occupy land within the district where the election is to occur, not less than thirty-five days prior to the conduct of the election.
(B) Candidates nominated by the nominating committee and all candidates with valid candidate petitions shall be listed in alphabetical order on the ballot provided by the Ohio soil and water conservation commission.
(C) Nominees duly elected shall be administered an oath of office, as prescribed by the Ohio soil and water conservation commission, preceding or upon taking office.
(A) All candidates for successor election shall be at least eighteen years of age at the time of the official election and reside within the boundaries of the district wherein such election is conducted.
(B) Eligible voters in elections of successors shall be at least eighteen years of age at the time of the official election and own or occupy land within the boundaries of the district wherein such election is conducted. Voters shall register by placing their name, address, and additional information as deemed appropriate by the Ohio soil and water conservation commission on the prescribed registration forms.
(C) Only official ballots, cast in absence or at the time and place of the conduct of the official election, containing votes for candidates nominated in accordance with paragraphs (A)(1) and (A)(2) of rule 901:13-3-01 of the Administrative Code shall be valid.
(A) Due notice of annual elections of successors shall be given the public and contain the names and addresses of the nominees as certified by the Ohio soil and water conservation commission, the time and place for casting absentee ballots, and the time and place of the official election.
(B) Due notice is given and shall have been achieved when such notice has been published once not more than three weeks and not less than one week prior to the conduct of the election within one or more newspapers of general circulation within the boundaries of the district in which such election is being conducted. Such notices shall conform to the prescribed form provided by the Ohio soil and water conservation commission.
(A) Elections shall be conducted by the Ohio soil and water conservation commission or its officially designated agents in accordance with procedures set forth by such commission.
(B) Results of elections of successors shall be entered upon the election result form prescribed by the Ohio soil and water conservation commission. The form shall provide a tally of votes cast for each eligible candidate, total number of voters registered, designation of successful candidates and certification by the tellers of the election results as recorded on the election report form. All ballots cast and registration forms shall be delivered to the commission by the officially-designated agent conducting the election. Such ballots and registration forms shall be held at least sixty days after such election, after which they may be destroyed, provided a challenge of such election has not been filed with the Ohio soil and water conservation commission.
(C) The breaking of a tie, resulting from two or more candidates receiving an equal number of votes for one of the expired terms shall be accomplished by lot (flip of a coin). The Ohio soil and water conservation commission or its designated agent shall break the tie by lot in the presence of the affected candidates and two of the designated tellers for the election. The lot result shall be certified by the commission or its agent and attested to by the tellers witnessing the lot.
(D) A candidate may request a recount of the votes cast by so informing the Ohio soil and water conservation commission or its designated agent no later than ten days following the announcement of the election results. The commission or its designated agent shall set a time and place for conducting such a recount and so inform the concerned parties and election tellers. Recounts shall be open to public observance. Recount notice does not require giving a due notice. Recount results will be utilized by the commission in the determination of the official election results and the commission's determination shall be final.
A challenge of an election at the time and place of the official election shall cause the ballots and registration records to be placed in the office of the local county sheriff under seal by the designated agent of the Ohio soil and water conservation commission conducting the election and until such commission or its executive officer authorizes the removal of such seal. Such commission or its executive officer shall investigate the validity of the appeal as represented by the sealed records and declare the appeal valid or invalid. A valid appeal finding shall give cause for such commission to conduct another election of successors. An invalid appeal finding shall cause such commission to certify the election as being valid. A discrepancy between the number of ballots cast and the number of registered voters shall not constitute grounds for an invalid election except where such difference is sufficient to potentially alter the certification of the elected candidate or candidates.