Ohio Rev. Code » Chapter 3513 - Ohio Revised Code | Ohio Laws

Ohio Rev. Code § 3513.19

Challenges at primary elections

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Effective:
February 25, 2014
Latest Legislation:
Senate Bill 109 - 130th General Assembly
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(A) It is the duty of any precinct election official, whenever any such official doubts that a person attempting to vote at a primary election is legally entitled to vote at that election, to challenge the right of that person to vote. The right of a person to vote at a primary election may be challenged upon the following grounds:

(1) That the person whose right to vote is challenged is not a legally qualified elector;

(2) That the person has received or has been promised some valuable reward or consideration for the person's vote;

(3) That the person is not affiliated with or is not a member of the political party whose ballot the person desires to vote. Such party affiliation shall be determined by examining the elector's voting record for the current year and the immediately preceding two calendar years as shown on the voter's registration card, using the standards of affiliation specified in the seventh paragraph of section 3513.05 of the Revised Code. Division (A)(3) of this section and the seventh paragraph of section 3513.05 of the Revised Code do not prohibit a person who holds an elective office for which candidates are nominated at a party primary election from doing any of the following:

(a) If the person voted as a member of a different political party at any primary election within the current year and the immediately preceding two calendar years, being a candidate for nomination at a party primary held during the times specified in division (C)(2) of section 3513.191 of the Revised Code provided that the person complies with the requirements of that section;

(b) Circulating the person's own petition of candidacy for party nomination in the primary election.

(B) When the right of a person to vote is challenged upon the ground set forth in division (A)(3) of this section, membership in or political affiliation with a political party shall be determined by the person's statement, made under penalty of election falsification, that the person desires to be affiliated with and supports the principles of the political party whose primary ballot the person desires to vote.
Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1962–2024 · leading case: Maschari v. Tone
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Maschari v. Tone (2004) ohio · cites it 8× “The court of appeals determined that the board’s policy did not constitute an election irregularity: {¶ 8} “This court has reviewed the entire record in this case and, upon consideration thereof and the law, finds that the duty to challenge cross-over voters pursuant to R.”
State ex rel. Herman v. Klopfleisch (1995) ohio · cites it 5× “R.C. 3513.19 provides: “(A) It is the duty of any witness or challenger and of any judge or clerk of elections and the right of any elector, whenever he doubts that a person attempting to vote at a primary election is legally entitled to vote at such election, to challenge the…”
Tashjian v. Republican Party of Connecticut (1986) scotus · cites it 2× “1986); Ohio Rev. Code Ann. § 3513.19 (Supp. 1985); R.”
Rosario v. Rockefeller (1973) scotus · cites it 2× “1972-1973); Ohio Rev. Code Ann. § 3513.19 (1960). California and Pennsylvania permit previously unaffiliated voters to declare an initial party preference up to the close of registration immediately preceding the primary.”
Morrison v. Colley (2006) ca6 · cites it 2× “That section also states, in pertinent part, that “[s]uch party affiliation shall be determined by examining the elector’s voting record for the current year and the immediately preceding two calendar years as shown on the voter’s registration card, using the standards of…”
Greg Jolivette v. Jon Husted (2012) ca6 “Cf Ohio Rev.Code § 3513.19(A)(3) (stating that a voter will be considered affiliated with a political party if he or she voted in that party’s primary in the immediately preceding two calendar years, for purposes of determining eligibility to vote in a party primary election).”
Pirincin v. Board of Elections of Cuyahoga County (1973) ohnd · cites it 6× “But his oath to that effect apparently may be required only if he were challenged as a primary voter (R.C. § 3513.19), as a candidate in a party primary election, or as a circulator or a signer of such a candidate’s petition (R.”
Libertarian Party of Ohio v. Jon Husted (2016) ca6 “Ohio Rev. Code § 3513.19(B). According to the Libertarian Party, Ohio law does not provide it with a base of people that are “wedded” to it in a similar way.”
The State Ex Rel. Stevens v. Fairfield County Board of Elections. (2018) ohio “See R.C. 3513.19(A)(3)(a) and 3513.191(C)(1).”
Socialist Labor Party v. Rhodes (1968) ohsd · cites it 2× “Code, §§ 3505.03, 3505.04, 3505.10, 3505.23 and 3513.”
Libertarian Party of Ohio v. Husted (2017) ohioctapp “" Similarly, R.C. 3513.19(A)(3), which describes the process for challenges by precinct election officials to the right of a person to vote at a primary election, provides that "party affiliation shall be determined by examining the elector's voting record for the current year…”
Lippitt v. Cipollone (1971) ohnd · cites it 2× “Ohio Rev.Code § 3513.19 permits individuals to change party membership or affiliation by executing an affidavit affirming that the affiant voted for a majority of the candidates of the party with which he seeks affiliation at the last general election.”
Show all 21 citing cases →
— Ohio Rev. Code § 3513.19(A) — 2 cases
Maschari v. Tone (2004) ohio “The court of appeals determined that the board’s policy did not constitute an election irregularity: {¶ 8} “This court has reviewed the entire record in this case and, upon consideration thereof and the law, finds that the duty to challenge cross-over voters pursuant to R.”
Maschari v. Tone (2004) ohioctapp
— Ohio Rev. Code § 3513.19(A)(3) — 8 cases
State ex rel. Herman v. Klopfleisch (1995) ohio “R.C. 3513.19 provides: “(A) It is the duty of any witness or challenger and of any judge or clerk of elections and the right of any elector, whenever he doubts that a person attempting to vote at a primary election is legally entitled to vote at such election, to challenge the…”
Maschari v. Tone (2004) ohio “The court of appeals determined that the board’s policy did not constitute an election irregularity: {¶ 8} “This court has reviewed the entire record in this case and, upon consideration thereof and the law, finds that the duty to challenge cross-over voters pursuant to R.”
Greg Jolivette v. Jon Husted (2012) ca6 “Cf Ohio Rev.Code § 3513.19(A)(3) (stating that a voter will be considered affiliated with a political party if he or she voted in that party’s primary in the immediately preceding two calendar years, for purposes of determining eligibility to vote in a party primary election).”
Morrison v. Colley (2006) ca6 “That section also states, in pertinent part, that “[s]uch party affiliation shall be determined by examining the elector’s voting record for the current year and the immediately preceding two calendar years as shown on the voter’s registration card, using the standards of…”
Libertarian Party of Ohio v. Husted (2017) ohioctapp “" Similarly, R.C. 3513.19(A)(3), which describes the process for challenges by precinct election officials to the right of a person to vote at a primary election, provides that "party affiliation shall be determined by examining the elector's voting record for the current year…”
— Ohio Rev. Code § 3513.19(A)(3)(a) — 1 case
The State Ex Rel. Stevens v. Fairfield County Board of Elections. (2018) ohio “See R.C. 3513.19(A)(3)(a) and 3513.191(C)(1).”
— Ohio Rev. Code § 3513.19(B) — 4 cases
Maschari v. Tone (2004) ohio “The court of appeals determined that the board’s policy did not constitute an election irregularity: {¶ 8} “This court has reviewed the entire record in this case and, upon consideration thereof and the law, finds that the duty to challenge cross-over voters pursuant to R.”
Libertarian Party of Ohio v. Jon Husted (2016) ca6 “Ohio Rev. Code § 3513.19(B). According to the Libertarian Party, Ohio law does not provide it with a base of people that are “wedded” to it in a similar way.”
Morrison v. Colley (2006) ca6 “That section also states, in pertinent part, that “[s]uch party affiliation shall be determined by examining the elector’s voting record for the current year and the immediately preceding two calendar years as shown on the voter’s registration card, using the standards of…”
Maschari v. Tone (2004) ohioctapp
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