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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 901:13-3 | Election of District Supervisors

 
 
 
Rule
Rule 901:13-3-01 | Nominations (successor elections).
 

(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 at least forty-five days before the election is scheduled to occur 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 by submitting a candidate nomination petition, which is available on the Ohio department of agriculture's website www.agri.ohio.gov, with ten valid signatures at least thirty-five days before the election is scheduled to occur.

(3) For the purposes of a candidate nomination petition, signatures shall be valid if they are from individuals who:

(a) Are eighteen years of age or older; and

(b) Own or occupy land within the district where the election is to occur.

(B) All candidates successfully nominated in accordance with paragraph (A) of this rule 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.

Supplemental Information

Authorized By: R.C. 940.02
Amplifies: R.C. 940.02
Five Year Review Date: 5/11/2025
Prior Effective Dates: 4/1/2016
Rule 901:13-3-02 | Candidate, voter, and ballot eligibility (successor elections).
 

(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 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.

Supplemental Information

Authorized By: R.C. 940.02
Amplifies: R.C. 940.02
Five Year Review Date: 5/11/2025
Prior Effective Dates: 12/31/2015 (Emer.)
Rule 901:13-3-03 | Notice of elections (successor elections).
 

(A) Due notice of annual elections of successors shall be given to the public and contain the following information:

(1) The names of the nominees as certified by the Ohio soil and water conservation commission;

(2) The dates, times, and locations where individuals may cast in-person ballots;

(3) The method for requesting and receiving absentee ballots; and

(4) The date by which absentee ballots must be postmarked and received.

(B) Due notice is given and shall have been achieved when such notice has been published at least seven but not more than thirty days prior to the conduct of the election:

(1) Within one or more newspapers of general circulation within the boundaries of the district in which such election is being conducted; or

(2) On the district's website.

(C) All notices shall conform to the prescribed form provided by the Ohio soil and water conservation commission which can be located on the Ohio department of agriculture's website www.agri.ohio.gov.

Supplemental Information

Authorized By: R.C. 940.02
Amplifies: R.C. 940.02
Five Year Review Date: 5/11/2025
Prior Effective Dates: 1/2/1977, 4/1/2016
Rule 901:13-3-04 | Election conduct (successor elections).
 

(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.

(1) Eligible voters may cast in-person ballots at the dates, times, and locations indicated on the notice. At a minimum, voting will be made available to eligible voters during regular business hours of the soil and water conservation district over a fourteen day period.

(2) Eligible voters may cast absentee ballots by submitting the ballot and ballot application to the district office. Absentee ballots will be provided to interested individuals based on the number of eligible voters located within the household or at the registered address.

(B) Ballots shall be counted and considered valid if the following apply:

(1) The ballot application is complete and indicates that the prospective voter is eligible to vote as described in rule 901:13-3-02 of the Administrative Code.

(2) The ballot is complete and unambiguously demonstrates the chosen candidate(s).

(3) In the case of absentee ballots, the envelope is postmarked and received by the dates listed in the notice as described in rule 901:13-3-03 of the Administrative Code.

(C) Results of elections of successors shall be entered upon the election result form prescribed by the Ohio soil and water conservation commission which is available on the Ohio department of agriculture's website www.agri.ohio.gov.

(1) The form shall provide a tally of votes cast for each eligible candidate, total number of ballot applications, designation of successful candidates, and certification by the Ohio soil and water conservation commission or its officially designated agent as recorded on the election result form.

(2) All ballots and ballot applications shall be delivered to the commission by the officially-designated agent after the election has concluded and will be held for at least sixty days after the election has concluded. After such time, the ballots and ballot applications may be destroyed provided a challenge of the election has not been filed with the Ohio soil and water conservation commission.

(D) 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 a flip of a coin. The Ohio soil and water conservation commission or its designated agent shall break the tie in the presence of the affected candidates. The result shall be certified by the commission or its designated agent.

(E) 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. 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.

Supplemental Information

Authorized By: R.C. 940.02
Amplifies: R.C. 940.02
Five Year Review Date: 5/11/2025
Prior Effective Dates: 12/31/2015 (Emer.)
Rule 901:13-3-05 | Election challenge (successor elections).
 

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 Ohio department of agriculture 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.

Supplemental Information

Authorized By: R.C. 940.02
Amplifies: R.C. 940.02
Five Year Review Date: 5/11/2025
Prior Effective Dates: 1/9/1977, 12/31/2015 (Emer.)