Ohio Revised Code

Ohio Rev. Code § 3513.04 (2026)

Filing declaration of candidacy

✓ current as of May 2026
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Candidates for party nominations to state, district, county, and municipal offices or positions, for which party nominations are provided by law, and for election as members of party controlling committees shall have their names printed on the official primary ballot by filing a declaration of candidacy and paying the fees specified for the office under divisions (A) and (B) of section 3513.10 of the Revised Code, except that the joint candidates for party nomination to the offices of governor and lieutenant governor shall, for the two of them, file one declaration of candidacy. The joint candidates also shall pay the fees specified for the joint candidates under divisions (A) and (B) of section 3513.10 of the Revised Code.

The secretary of state shall not accept for filing the declaration of candidacy of a candidate for party nomination to the office of governor unless the declaration of candidacy also shows a joint candidate for the same party's nomination to the office of lieutenant governor, shall not accept for filing the declaration of candidacy of a candidate for party nomination to the office of lieutenant governor unless the declaration of candidacy also shows a joint candidate for the same party's nomination to the office of governor, and shall not accept for filing a declaration of candidacy that shows a candidate for party nomination to the office of governor or lieutenant governor who, for the same election, has already filed a declaration of candidacy or a declaration of intent to be a write-in candidate, or has become a candidate by the filling of a vacancy under section 3513.30 of the Revised Code for any other state office or any federal or county office.

No person who seeks party nomination for an office or position at a primary election by declaration of candidacy or by declaration of intent to be a write-in candidate and no person who is a first choice for president of candidates seeking election as delegates and alternates to the national conventions of the different major political parties who are chosen by direct vote of the electors as provided in this chapter shall be permitted to become a candidate by nominating petition, including a nominating petition filed under section 3517.012 of the Revised Code, by declaration of intent to be a write-in candidate, or by filling a vacancy under section 3513.31 of the Revised Code at the following general election for any office other than the office of member of the state board of education, office of member of a city, local, or exempted village board of education, office of member of a governing board of an educational service center, or office of township trustee.

Last updated July 29, 2025 at 11:12 AM

Notes of Decisions
Cited in 25 cases (7 in the last 5 years), 1957–2024 · leading case: State ex rel. Brown v. Ashtabula Cty. Bd. of Elections (Slip Opinion), 2014 Ohio 4022 (Ohio 2014).
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State ex rel. Brown v. Ashtabula Cty. Bd. of Elections (Slip Opinion), 2014 Ohio 4022 (Ohio 2014). · cites it 54× “____________________ Per Curiam. {¶ 1} Relators, Thomas Brown, Clifford Henry, and Michael Vandervort,1 seek a writ of mandamus compelling respondents, the Ashtabula County Board of Elections and its director, Duane Feher, to place Brown’s name 1 Henry and Vandervoort are…”
State ex rel. Purdy v. Clermont Cnty. Bd. of Elections, 673 N.E.2d 1351 (Ohio 1996). · cites it 41× “The issue in this case is whether respondents properly concluded that R.C. 3513.04 barred relators from running for the offices of the State Board in the November 1996 general election.”
State ex rel. Purdy v. Clermont Cty. Bd. of Elections, 1997 Ohio 278 (Ohio 1997). · cites it 43× “SUPREME COURT OF OHIO Relying on R.C. 3513.04, respondents sustained the protests and refused to certify the petitions.”
State ex rel. Trumbull Cty. Repub. Cent. Commt. v. Trumbull Cty. Bd. of Elections, 2022 Ohio 3268 (Ohio 2022). · cites it 42× “] Mandamus—Elections—R.C. 3513.04—R.C. 3513.31(I)—Candidate nominated by her political party’s central committee under R.”
State Ex Rel. Knowlton v. Noble Cnty. Bd. of Elections, 2010 Ohio 4450 (Ohio 2010). · cites it 16× “01(B)(9)(b) and that R.C. 3513.04 barred his candidacy at the general election after he had unsuccessfully sought the Democratic Party nomination for the same office at the preceding primary election.”
Anderson v. Celebrezze, 460 U.S. 780 (1983). · cites it 2× “[2] Anderson's name had been entered in the Republican primary in Ohio and 26 other States before he made his decision to run as an independent, and he actually competed unsuccessfully in nine Republican primaries. Nevertheless, the parties agree that his timely withdrawal from…”
State ex rel. Brinda v. Lorain Cnty. Bd. of Elections, 874 N.E.2d 1205 (Ohio 2007). · cites it 6× “04, the so-called sore-loser provision, which generally bars a person losing in a partisan primary election from participating as a candidate for another office in the succeeding general election, except for certain candidates — like Brinda — who run for a board of education at…”
Foster v. Cuyahoga Cnty. Bd. of Elections, 373 N.E.2d 1274 (Ohio Ct. App. 1977). · cites it 4× “The trial court erred in holding that Ohio Rev. Code §3513.04 bars a party primary candidate for federal office from seeking a county office by write-in vote in the general election.”
Anderson v. Celebrezze, 499 F. Supp. 121 (S.D. Ohio 1980). · cites it 6× “Finally, Ohio does have a disaffiliation statute of sorts in R.C. 3513.04, 8 the so-called “sore loser” provision, which prohibits a candidate from seeking a place on the general election ballot by means of nominating petition or by write-in when he has filed a declaration of…”
State ex rel. Tjaden v. Geauga Cty. Bd. of Elections, 2024 Ohio 3396 (Ohio 2024). · cites it 5× “The statute at issue in Purdy, former R.C. 3513.04, 146 Ohio Laws, Part I, 549, 669, stated that “no person who seeks party nomination for an office or position at a primary election by declaration of candidacy .”
State ex rel. Canales-Flores v. Lucas Cnty. Bd. of Elections, 841 N.E.2d 757 (Ohio 2005). · cites it 2× “052(A) for which that person first sought to become a candidate: {¶ 30} “Nothing in this section or section 3513.04, 3513.041, 3513.05, 3513.”
State Ex Rel. Coble v. Lucas Cnty. Bd. of Elections, 2011 Ohio 4550 (Ohio 2011). · cites it 2× “261: {¶ 21} “Nothing in this section or section 3513.04, 3513.041, 3513.05, 3513.”
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