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

Ohio Rev. Code § 3513.191

Disqualification of candidate for party primary

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Effective:
August 22, 1995
Latest Legislation:
House Bill 99 - 121st General Assembly
PDF:
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(A) No person shall be a candidate for nomination or election at a party primary 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.

(B) Notwithstanding division (A) of this section, either of the following persons may be candidates for nomination of any political party at a party primary:

(1) A person who does not hold an elective office;

(2) A person who holds an elective office other than one for which candidates are nominated at a party primary.

(C)(1) Notwithstanding division (A) of this section, a person who holds an elective office for which candidates are nominated at a party primary may be a candidate at a primary election held during the times specified in division (C)(2) of this section for nomination as a candidate of a political party of which the person is prohibited from being a candidate for nomination under division (A) of this section if the person files a declaration of intent to seek the nomination of that party and if, by filing the declaration, the person has not violated division (C)(3) of this section. The declaration of intent shall:

(a) Be filed not later than four p.m. of the thirtieth day before a declaration of candidacy and petition is required to be filed under section 3513.05 of the Revised Code;

(b) Be filed with the same official with whom the person filing the declaration of intent is required to file a declaration of candidacy and petition;

(c) Indicate the political party whose nomination in the primary election the person seeks;

(d) Be on a form prescribed by the secretary of state.

(2) No person filing a declaration of intent under division (C)(1) of this section shall be a candidate at any primary election for nomination for an elective office for which candidates are nominated at a party primary during the calendar year in which the person files the declaration or during the next calendar year except as a candidate of the party indicated under division (C)(1)(c) of this section.

(3) No person who files a declaration of intent under division (C)(1) of this section shall file another such declaration for a period of ten years after the declaration is filed.

(4) Notwithstanding the seventh paragraph of section 3513.05 of the Revised Code, a person who complies with this section may circulate that person's own petition of candidacy for party nomination at the party primary at which the person seeks nomination under this section.
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1954–2024 · leading case: State ex rel. Waters v. Spaeth
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State ex rel. Waters v. Spaeth (2012) ohio · cites it 5× “191(A) prohibits a person’s candidacy at a political party’s primary election if the person voted in a different political party’s primary election within the two years immediately preceding it: No person shall be a candidate for nomination or election at a party primary if the…”
Kay v. Brown (1976) ohsd · cites it 17× “Plaintiff Richard Kay challenges the constitutionality of R.C. 3513.191, and that portion of the 1976 Delegate Selection Plan for the Ohio Democratic Party which substantially incorporates the language of R.”
Williams v. Rhodes (1968) scotus · cites it 2× “Ohio Rev. Code §§ 3513.256-3513.262. [5] Ohio Rev.”
Jolivette v. Husted (2012) ohsd · cites it 8× “” Ohio Rev.Code § 3513.191(A). However, a person may be a candidate for nomination of any political party at a primary election, regardless of party affiliation established by voting in a prior partisan primary, if the person does not hold elective office, or the person holds an…”
Greg Jolivette v. Jon Husted (2012) ca6 “Ohio Rev. Code § 3513.191. In contrast, the eligibility of candidates seeking to disaffiliate from a political party and run as independents is governed by the “good faith” standard as explained in Morrison, 467 F.”
State Ex Rel. Klein v. Cuyahoga County Board of Elections (1995) ohioctapp · cites it 6× “The gravamen of Klein’s argument is that Corrigan violated R.C. 3513.191 by declaring himself a Democratic candidate for the primary and then voting Republican in the same primary.”
State ex rel. Herman v. Klopfleisch (1995) ohio “2d 227 (former version of R.C. 3513.191); Lippitt v. Cipollone (N.D.”
State ex rel. Gareau v. Stillman (1969) ohio · cites it 4× “The controversy in this case revolves around the meaning of the phrase “calendar year” as used in Section 3513.191, Revised Code. It is relator’s contention that such phrase has a well-defined and customary meaning of from January 1 to December 31.”
Lippitt v. Cipollone (1971) ohnd · cites it 2× “Ohio Rev.Code § 3513.191 and related sections preclude individuals from offering themselves as candidates for nomi *1407 nation or election at a party primary, if such individual voted as a member of a different political party at any primary election within the next preceding…”
Anderson v. Celebrezze (1980) ohsd “In 1976 this Court heard a challenge to another provision of Ohio’s election laws, R.C. 3513.191, which prohibited' a person from running as a party candidate in a primary election if he had voted as a member of a different political party within the preceding four years.”
Lippitt v. Cipollone Et Al. (1972) scotus “” Ohio Rev. Code Ann. §3513.191 (1960). Other provisions also being attacked require those working for primary candidates or signing their nominating petitions to be members of the party in which nomination is sought, id.”
Marlin v. Board of Election (1954) ohioctapp · cites it 2× “He “violated §3513.191 R. C., when he swore * * * that he was a member of the Democratic Party;” 4.”
Show all 19 citing cases →
— Ohio Rev. Code § 3513.191(A) — 2 cases
State ex rel. Waters v. Spaeth (2012) ohio “191(A) prohibits a person’s candidacy at a political party’s primary election if the person voted in a different political party’s primary election within the two years immediately preceding it: No person shall be a candidate for nomination or election at a party primary if the…”
Jolivette v. Husted (2012) ohsd “” Ohio Rev.Code § 3513.191(A). However, a person may be a candidate for nomination of any political party at a primary election, regardless of party affiliation established by voting in a prior partisan primary, if the person does not hold elective office, or the person holds an…”
— Ohio Rev. Code § 3513.191(B) — 1 case
Jolivette v. Husted (2012) ohsd “” Ohio Rev.Code § 3513.191(A). However, a person may be a candidate for nomination of any political party at a primary election, regardless of party affiliation established by voting in a prior partisan primary, if the person does not hold elective office, or the person holds an…”
— Ohio Rev. Code § 3513.191(C)(1) — 1 case
Jolivette v. Husted (2012) ohsd “” Ohio Rev.Code § 3513.191(A). However, a person may be a candidate for nomination of any political party at a primary election, regardless of party affiliation established by voting in a prior partisan primary, if the person does not hold elective office, or the person holds an…”
— Ohio Rev. Code § 3513.191(C)(3) — 1 case
Jolivette v. Husted (2012) ohsd “” Ohio Rev.Code § 3513.191(A). However, a person may be a candidate for nomination of any political party at a primary election, regardless of party affiliation established by voting in a prior partisan primary, if the person does not hold elective office, or the person holds an…”
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