Ohio Rev. Code » Chapter 3513
Ohio Revised Code

Ohio Rev. Code § 3513.041 (2026)

Write-in votes

✓ current as of May 2026
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Effective:
July 2, 2010
Latest Legislation:
House Bill 48 - 128th General Assembly
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A write-in space shall be provided on the ballot for every office, except in an election for which the board of elections has received no valid declarations of intent to be a write-in candidate under this section. Write-in votes shall not be counted for any candidate who has not filed a declaration of intent to be a write-in candidate pursuant to this section. A qualified person who has filed a declaration of intent may receive write-in votes at either a primary or general election. Any candidate shall file a declaration of intent to be a write-in candidate before four p.m. of the seventy-second day preceding the election at which such candidacy is to be considered. If the election is to be determined by electors of a county or a district or subdivision within the county, such declaration shall be filed with the board of elections of that county. If the election is to be determined by electors of a subdivision located in more than one county, such declaration shall be filed with the board of elections of the county in which the major portion of the population of such subdivision is located. If the election is to be determined by electors of a district comprised of more than one county but less than all of the counties of the state, such declaration shall be filed with the board of elections of the most populous county in such district. Any candidate for an office to be voted upon by electors throughout the entire state shall file a declaration of intent to be a write-in candidate with the secretary of state before four p.m. of the seventy-second day preceding the election at which such candidacy is to be considered. In addition, candidates for president and vice-president of the United States shall also file with the secretary of state by that seventy-second day a slate of presidential electors sufficient in number to satisfy the requirements of the United States constitution.

A board of elections shall not accept for filing the declaration of intent to be a write-in candidate of a person seeking to become a candidate if that person, for the same election, has already filed a declaration of candidacy, a declaration of intent to be a write-in candidate, or a nominating petition, or has become a candidate through party nomination at a primary election or by the filling of a vacancy under section 3513.30 or 3513.31 of the Revised Code, for any federal, state, or county office, if the declaration of intent to be a write-in candidate is for a state or county office, or for any municipal or township office, for member of a city, local, or exempted village board of education, or for member of a governing board of an educational service center, if the declaration of intent to be a write-in candidate is for a municipal or township office, or for member of a city, local, or exempted village board of education, or for member of a governing board of an educational service center.

No person shall file a declaration of intent to be a write-in candidate for the office of governor unless the declaration also shows the intent of another person to be a write-in candidate for the office of lieutenant governor. No person shall file a declaration of intent to be a write-in candidate for the office of lieutenant governor unless the declaration also shows the intent of another person to be a write-in candidate for the office of governor. No person shall file a declaration of intent to be a write-in candidate for the office of governor or lieutenant governor if the person has previously filed a declaration of intent to be a write-in candidate to the office of governor or lieutenant governor at the same primary or general election. A write-in vote for the two candidates who file such a declaration shall be counted as a vote for them as joint candidates for the offices of governor and lieutenant governor.

The secretary of state shall not accept for filing the declaration of intent to be a write-in candidate of a person for the office of governor unless the declaration also shows the intent of another person to be a write-in candidate for the office of lieutenant governor, shall not accept for filing the declaration of intent to be a write-in candidate of a person for the office of lieutenant governor unless the declaration also shows the intent of another person to be a write-in candidate for the office of governor, and shall not accept for filing the declaration of intent to be a write-in candidate of a person to the office of governor or lieutenant governor if that person, for the same election, has already filed a declaration of candidacy, a declaration of intent to be a write-in candidate, or a nominating petition, or has become a candidate through party nomination at a primary election or by the filling of a vacancy under section 3513.30 or 3513.31 of the Revised Code, for any other state office or any federal or county office.

Protests against the candidacy of any person filing a declaration of intent to be a write-in candidate may be filed by any qualified elector who is eligible to vote in the election at which the candidacy is to be considered. The protest shall be in writing and shall be filed not later than four p.m. of the sixty-seventh day before the day of the election. The protest shall be filed with the board of elections with which the declaration of intent to be a write-in candidate was filed. Upon the filing of the protest, the board with which it is filed shall promptly fix the time for hearing it and shall proceed in regard to the hearing in the same manner as for hearings set for protests filed under section 3513.05 of the Revised Code. At the time fixed, the board shall hear the protest and determine the validity or invalidity of the declaration of intent to be a write-in candidate. If the board finds that the candidate is not an elector of the state, district, county, or political subdivision in which the candidate seeks election to office or has not fully complied with the requirements of Title XXXV of the Revised Code in regard to the candidate's candidacy, the candidate's declaration of intent to be a write-in candidate shall be determined to be invalid and shall be rejected; otherwise, it shall be determined to be valid. The determination of the board is final.

The secretary of state shall prescribe the form of the declaration of intent to be a write-in candidate.
Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1980–2022 · leading case: State ex rel. DeMora v. LaRose (Slip Opinion), 2022 Ohio 2173 (Ohio 2022).
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State ex rel. DeMora v. LaRose (Slip Opinion), 2022 Ohio 2173 (Ohio 2022). · cites it 10× “” R.C. 3513.041. With respect to the May 3 primary, the deadline for write-in candidates was February 22.”
State Ex Rel. Knowlton v. Noble Cnty. Bd. of Elections, 2010 Ohio 4450 (Ohio 2010). · cites it 2× “041 to submit a written protest against Hannum’s write-in candidacy, the board of elections did not err in determining that Knowlton’s mistaken citation concerning the statutory authority for his protest did not divest the board of authority to address and rule on the merits of…”
Anderson v. Celebrezze, 499 F. Supp. 121 (S.D. Ohio 1980). “Since that time, Ohio has significantly lowered its signature requirement to 5,000, which in this election year amounts to about twelve one-hundredths of one percent of the vote in the last presidential contest.”
State ex rel. Lynch v. Cuyahoga Cnty. Bd. of Elections, 686 N.E.2d 498 (Ohio 1997). “041, “[protests against the candidacy of any person filing a declaration of intent to be a write-in candidate may be filed by any qualified elector who is eligible to vote in the election at which the candidacy is to be considered” and the “protest * * * shall be filed not later…”
In re Contested Election on November 7, 1995 Concerning Election of Twp. Tr., 76 Ohio St. 3d 234 (Ohio 1996). “Kayser asserts that the common pleas court erred when it ruled that write-in candidates were permitted under R.C. 3513.041 because R.C. 3513.253 expressly prohibits write-in candidates and provides that the filing of a nominating petition is the exclusive method for the election…”
State ex rel. Lynch v. Cuyahoga Cty. Bd. of Elections, 1997 Ohio 339 (Ohio 1997). “041, “[p]rotests against the candidacy of any person filing a 2 January Term, 1997 declaration of intent to be a write-in candidate may be filed by any qualified elector who is eligible to vote in the election at which the candidacy is to be considered” and the “protest * * *…”
State ex rel. Jones v. LaRose, 2022 Ohio 2445 (Ohio 2022). “If a prospective candidate runs for an office that is to be submitted to the electors of a district that is situated in more than one county, then the petition shall be filed with the board of elections of the county “within which the major portion of the population thereof * *…”
State Ex Rel. Durkin v. Mahoning Cnty. Bd. of Elections, 684 N.E.2d 1289 (Ohio Ct. App. 1996). “R.C. 3513.041, which governs protests filed against a write-in candidate, provides that the board of elections must determine whether the candidate has “fully complied with the requirements of Title XXXV of the Revised Code.”
In re Contested Election on Nov. 7, 1995, 1996 Ohio 69 (Ohio 1996). “{¶ 5} Kayser asserts that the common pleas court erred when it ruled that write-in candidates were permitted under R.C. 3513.041 because R.C. 3513.253 expressly prohibits write-in candidates and provides that the filing of a nominating petition is the exclusive method for the…”
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