3513.301 Special election of party candidate for Congress.

(A) Notwithstanding section 3513.30 of the Revised Code and except as otherwise provided in division (B)(2) of this section, if only one person has filed a valid declaration of candidacy for nomination as the candidate of a political party for the office of representative to congress and that person withdraws as a candidate or dies at any time before the primary election, a special election shall be held under division (B)(1) of this section as soon as reasonably practicable to nominate the following:

(1) That party's candidate for congress;

(2) The candidate for congress of any other major political party under either of the following circumstances:

(a) No person has filed a valid declaration of candidacy for nomination as that party's candidate at the primary election.

(b) Only one person has filed a valid declaration of candidacy for nomination as that party's candidate at the primary election, that person has withdrawn or died, and the vacancy so created has not been filled.

(B)

(1) Except as otherwise provided in division (B) (2) of this section, the boards of elections of all the counties contained in whole or in part within the congressional district for which a special election is being held under this section shall conduct the special election on a date designated by the secretary of state and give notice of the time and places of holding the election as provided in section 3501.03 of the Revised Code. The election shall be held and conducted and returns of it made as in the case of a primary election, except that the secretary of state shall designate the deadline to file a declaration of candidacy or a declaration of intent to be a write-in candidate for the election.

(2) If, for each nomination to be made at the special election to be held under division (B)(1) of this section, only one person has filed a valid declaration of candidacy or no person has filed a valid declaration of candidacy, then no special election shall be held. If no special election is held, then for each nomination for which only one person has filed a valid declaration of candidacy, the secretary of state, upon receiving certification of that fact from the board of elections of the most populous county of the congressional district, shall issue a certificate of nomination to the person and the person's name shall appear on the ballot as that party's candidate at the general election.

(C) The state shall pay all costs of any special election held under this section.


Amended by 132nd General Assembly File No. TBD, HB 18, §1, eff. 10/29/2018.

Effective Date: 08-22-1995 .