Ohio Rev. Code » Chapter 3513
Ohio Revised Code

Ohio Rev. Code § 3513.31 (2026)

Withdrawal, disqualification, or death of candidate prior to general election

✓ current as of May 2026
Find cases: SyfertCases citing this section ORCcodes.ohio.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar
Effective:
February 5, 2014
Latest Legislation:
Senate Bill 193 - 130th General Assembly
PDF:
Download Authenticated PDF
 

(A) If a person nominated in a primary election as a candidate for election at the next general election, whose candidacy is to be submitted to the electors of the entire state, withdraws as that candidate or is disqualified as that candidate under section 3513.052 of the Revised Code, the vacancy in the party nomination so created may be filled by the state central committee of the major political party that made the nomination at the primary election, if the committee's chairperson and secretary certify the name of the person selected to fill the vacancy by the time specified in this division, at a meeting called for that purpose. The meeting shall be called by the chairperson of that committee, who shall give each member of the committee at least two days' notice of the time, place, and purpose of the meeting. If a majority of the members of the committee are present at the meeting, a majority of those present may select a person to fill the vacancy. The chairperson and secretary of the meeting shall certify in writing and under oath to the secretary of state, not later than the eighty-sixth day before the day of the general election, the name of the person selected to fill the vacancy. The certification must be accompanied by the written acceptance of the nomination by the person whose name is certified. A vacancy in a party nomination that may be filled by a minor political party shall be filled in accordance with the party's rules by authorized officials of the party. Certification must be made as in the manner provided for a major political party.

(B) If a person nominated in a primary election as a party candidate for election at the next general election, whose candidacy is to be submitted to the electors of a district comprised of more than one county but less than all of the counties of the state, withdraws as that candidate or is disqualified as that candidate under section 3513.052 of the Revised Code, the vacancy in the party nomination so created may be filled by a district committee of the major political party that made the nomination at the primary election, if the committee's chairperson and secretary certify the name of the person selected to fill the vacancy by the time specified in this division, at a meeting called for that purpose. The district committee shall consist of the chairperson and secretary of the county central committee of such political party in each county in the district. The district committee shall be called by the chairperson of the county central committee of such political party of the most populous county in the district, who shall give each member of the district committee at least two days' notice of the time, place, and purpose of the meeting. If a majority of the members of the district committee are present at the district committee meeting, a majority of those present may select a person to fill the vacancy. The chairperson and secretary of the meeting shall certify in writing and under oath to the board of elections of the most populous county in the district, not later than four p.m. of the eighty-sixth day before the day of the general election, the name of the person selected to fill the vacancy. The certification must be accompanied by the written acceptance of the nomination by the person whose name is certified. A vacancy in a party nomination that may be filled by a minor political party shall be filled in accordance with the party's rules by authorized officials of the party. Certification must be made as in the manner provided for a major political party.

(C) If a person nominated in a primary election as a party candidate for election at the next general election, whose candidacy is to be submitted to the electors of a county, withdraws as that candidate or is disqualified as that candidate under section 3513.052 of the Revised Code, the vacancy in the party nomination so created may be filled by the county central committee of the major political party that made the nomination at the primary election, or by the county executive committee if so authorized, if the committee's chairperson and secretary certify the name of the person selected to fill the vacancy by the time specified in this division, at a meeting called for that purpose. The meeting shall be called by the chairperson of that committee, who shall give each member of the committee at least two days' notice of the time, place, and purpose of the meeting. If a majority of the members of the committee are present at the meeting, a majority of those present may select a person to fill the vacancy. The chairperson and secretary of the meeting shall certify in writing and under oath to the board of that county, not later than four p.m. of the eighty-sixth day before the day of the general election, the name of the person selected to fill the vacancy. The certification must be accompanied by the written acceptance of the nomination by the person whose name is certified. A vacancy in a party nomination that may be filled by a minor political party shall be filled in accordance with the party's rules by authorized officials of the party. Certification must be made as in the manner provided for a major political party.

(D) If a person nominated in a primary election as a party candidate for election at the next general election, whose candidacy is to be submitted to the electors of a district within a county, withdraws as that candidate or is disqualified as that candidate under section 3513.052 of the Revised Code, the vacancy in the party nomination so created may be filled by a district committee consisting of those members of the county central committee or, if so authorized, those members of the county executive committee in that county of the major political party that made the nomination at the primary election who represent the precincts or the wards and townships within the district, if the committee's chairperson and secretary certify the name of the person selected to fill the vacancy by the time specified in this division, at a meeting called for that purpose. The district committee meeting shall be called by the chairperson of the county central committee or executive committee, as appropriate, who shall give each member of the district committee at least two days' notice of the time, place, and purpose of the meeting. If a majority of the members of the district committee are present at the district committee meeting, a majority of those present may select a person to fill the vacancy. The chairperson and secretary of the district committee meeting shall certify in writing and under oath to the board of the county, not later than four p.m. of the eighty-sixth day before the day of the general election, the name of the person selected to fill the vacancy. The certification must be accompanied by the written acceptance of the nomination by the person whose name is certified. A vacancy in a party nomination that may be filled by a minor political party shall be filled in accordance with the party's rules by authorized officials of the party. Certification must be made as in the manner provided for a major political party.

(E) If a person nominated in a primary election as a party candidate for election at the next general election, whose candidacy is to be submitted to the electors of a subdivision within a county, withdraws as that candidate or is disqualified as that candidate under section 3513.052 of the Revised Code, the vacancy in the party nomination so created may be filled by a subdivision committee consisting of those members of the county central committee or, if so authorized, those members of the county executive committee in that county of the major political party that made the nomination at that primary election who represent the precincts or the wards and townships within that subdivision, if the committee's chairperson and secretary certify the name of the person selected to fill the vacancy by the time specified in this division, at a meeting called for that purpose.

The subdivision committee meeting shall be called by the chairperson of the county central committee or executive committee, as appropriate, who shall give each member of the subdivision committee at least two days' notice of the time, place, and purpose of the meeting. If a majority of the members of the subdivision committee are present at the subdivision committee meeting, a majority of those present may select a person to fill the vacancy. The chairperson and secretary of the subdivision committee meeting shall certify in writing and under oath to the board of the county, not later than four p.m. of the eighty-sixth day before the day of the general election, the name of the person selected to fill the vacancy. The certification must be accompanied by the written acceptance of the nomination by the person whose name is certified. A vacancy in a party nomination that may be filled by a minor political party shall be filled in accordance with the party's rules by authorized officials of the party. Certification must be made in the manner provided for a major political party.

(F) If a person nominated by petition as an independent or nonpartisan candidate for election at the next general election withdraws as that candidate or is disqualified as that candidate under section 3513.052 of the Revised Code, the vacancy so created may be filled by a majority of the committee of five, as designated on the candidate's nominating petition, if a member of that committee certifies in writing and under oath to the election officials with whom the candidate filed the candidate's nominating petition, not later than the eighty-sixth day before the day of the general election, the name of the person selected to fill the vacancy. The certification shall be accompanied by the written acceptance of the nomination by the person whose name is certified and shall be made in the manner provided for a major political party.

(G) If a person nominated in a primary election or nominated by petition under section 3517.012 of the Revised Code as a party candidate for election at the next general election dies, the vacancy so created may be filled by the same committee in the same manner as provided in this section for the filling of similar vacancies created by withdrawals or disqualifications under section 3513.052 of the Revised Code, except that the certification, when filling a vacancy created by death, may not be filed with the secretary of state, or with a board of the most populous county of a district, or with the board of a county in which the major portion of the population of a subdivision is located, later than four p.m. of the tenth day before the day of such general election, or with any other board later than four p.m. of the fifth day before the day of such general election.

(H) If a person nominated by petition as an independent or nonpartisan candidate for election at the next general election dies prior to the tenth day before the day of that general election, the vacancy so created may be filled by a majority of the committee of five designated in the nominating petition to represent the candidate named in it. To fill the vacancy a member of the committee shall, not later than four p.m. of the fifth day before the day of the general election, file with the election officials with whom the petition nominating the person was filed, a certificate signed and sworn to under oath by a majority of the members, designating the person they select to fill the vacancy. The certification must be accompanied by the written acceptance of the nomination by the person whose name is so certified.

(I) If a person holding an elective office dies or resigns subsequent to the one hundred fifteenth day before the day of a primary election and prior to the eighty-sixth day before the day of the next general election, and if, under the laws of this state, a person may be elected at that general election to fill the unexpired term of the person who has died or resigned, the appropriate committee of each political party, acting as in the case of a vacancy in a party nomination, as provided in divisions (A) to (D) of this section, may select a person as the party candidate for election for such unexpired term at that general election, and certify the person's name to the appropriate election official not later than four p.m. on the eighty-sixth day before the day of that general election, or on the tenth day following the day on which the vacancy occurs, whichever is later. When the vacancy occurs on or subsequent to the eighty-sixth day and six or more days prior to the fortieth day before the general election, the appropriate committee may select a person as the party candidate and certify the person's name, as provided in the preceding sentence, not later than four p.m. on the tenth day following the day on which the vacancy occurs. When the vacancy occurs fewer than six days before the fortieth day before the general election, the deadline for filing shall be four p.m. on the thirty-sixth day before the general election. Thereupon the name shall be printed as the party candidate under proper titles and in the proper place on the proper ballots for use at the election. If a person has been nominated in a primary election or nominated by petition under section 3517.012 of the Revised Code, the authorized committee of that political party shall not select and certify a person as the party candidate.

(J) Each person desiring to become an independent candidate to fill the unexpired term shall file a statement of candidacy and nominating petition, as provided in section 3513.261 of the Revised Code, with the appropriate election official not later than four p.m. on the tenth day following the day on which the vacancy occurs, provided that when the vacancy occurs fewer than six days before the fifty-sixth day before the general election, the deadline for filing shall be four p.m. on the fiftieth day before the general election. The nominating petition shall contain at least seven hundred fifty signatures and no more than one thousand five hundred signatures of qualified electors of the district, political subdivision, or portion of a political subdivision in which the office is to be voted upon, or the amount provided for in section 3513.257 of the Revised Code, whichever is less.

(K) When a person nominated as a candidate by a political party in a primary election or by nominating petition for an elective office for which candidates are nominated at a party primary election withdraws, dies, or is disqualified under section 3513.052 of the Revised Code prior to the general election, the appropriate committee of any other major political party or committee of five that has not nominated a candidate for that office, or whose nominee as a candidate for that office has withdrawn, died, or been disqualified without the vacancy so created having been filled, may, acting as in the case of a vacancy in a party nomination or nomination by petition as provided in divisions (A) to (F) of this section, whichever is appropriate, select a person as a candidate of that party or of that committee of five for election to the office.
Notes of Decisions
Cited in 28 cases (5 in the last 5 years), 1958–2026 · leading case: State ex rel. Conrath v. LaRose, 2022 Ohio 3594 (Ohio 2022).
Sort: Relevance Newest Treatment
State ex rel. Conrath v. LaRose, 2022 Ohio 3594 (Ohio 2022). · cites it 94× “2d 1130 (1992), we considered former R.C. 3513.31, Am.H.B. No. 397, 140 Ohio Laws, Part II, 3682, which contained statutory language similar to the language contained in the statute at issue here and authorized a political-party committee to select a general-election candidate…”
State ex rel. Barth v. Hamilton Cnty. Bd. of Elections, 602 N.E.2d 1130 (Ohio 1992). · cites it 13× “Thus, under R.C. 3513.31, the Hamilton County Republican Executive Committee was permitted to select and certify its nominee for Beckwith’s unexpired term “not later than four p.”
State ex rel. Trumbull Cty. Repub. Cent. Commt. v. Trumbull Cty. Bd. of Elections, 2022 Ohio 3268 (Ohio 2022). · cites it 22× “04 expressly refers to R.C. 3513.31: it says that no person who sought a party nomination at a primary election may become a candidate “by filling a vacancy under section 3513.”
State Ex Rel. Scherach v. Lorain Cnty. Bd. of Elections, 2009 Ohio 5349 (Ohio 2009). · cites it 5× “289, which is prescribed by the secretary of state for the certification of the selection of a candidate to fill a vacancy in a party nomination pursuant to R.C. 3513.31. Riley signed the portion of the form for his acceptance of the nomination, and the director of respondent…”
State ex rel. Ruehlmann v. Luken, 598 N.E.2d 1149 (Ohio 1992). · cites it 3× “31 then permitted (and still permits) political parties to fill vacancies created when persons nominated at primary elections withdrew their candidacies prior to the eightieth day before the general election. See 129 Ohio Laws 1223. The Flex court permitted the party to fill the…”
State ex rel. Brady v. Blackwell, 112 Ohio St. 3d 1 (Ohio 2006). · cites it 29× “2d 1130 (notice of meeting to select replacement nominee sufficiently specified the purpose of the meeting, as required by R.C. 3513.31, by stating that it would be held for “ ‘Consideration of Candidate Recommendations for the Primary Election Dated May 5, 1992,’ ” and that “…”
State ex rel. Flex v. Gwin, 252 N.E.2d 289 (Ohio 1969). · cites it 8× “*30 It is respondents’ position first, that there is no vacancy inasmuch as Hunter was ineligible under the Constitution at the time he filed his nominating petition, and second, if there is a vacancy it is one which does not fall within the provisions of Section 3513.31,…”
State ex rel. White v. Franklin Cnty. Bd. of Elections, 600 N.E.2d 656 (Ohio 1992). · cites it 2× “Although the candidate’s death in Ashbrook did not permit removal of his name from the primary ballot, it plainly terminated his personal candidacy.”
State ex rel. Giuliani v. Cuyahoga Cnty. Bd. of Elections, 471 N.E.2d 148 (Ohio 1984). · cites it 10× “Relator contends that under R.C. 3513.31, the Republican party was not authorized to select Matia as a candidate for judge.”
State ex rel. White v. Franklin Cnty. Bd. of Elections, 598 N.E.2d 1152 (Ohio 1992). “Ashbrook facilitated appointment of a new nominee pursuant to the replacement procedure in R.C. 3513.31. See, also, State ex rel. Fitzsimmons v.”
State ex rel. Phillips v. Lorain Cnty. Bd. of Elections, 581 N.E.2d 513 (Ohio 1991). · cites it 3× “hereby constitute the persons named below a committee to represent me: “Name Residence R.C. 3513.31 then refers to this committee, stating in the eighth paragraph: “If a person nominated by petition as an independent or nonpartisan candidate for election at the next general…”
State ex rel. Ashbrook v. Brown, 529 N.E.2d 896 (Ohio 1988). · cites it 5× “R.C. 3513.31 provides in part: “If a person nominated in a primary election as a party candidate for election at the next general election dies, the vacancy so created may be filled by the same committee in the same manner as provided in this section for the filling of similar…”
Show all 28 citing cases →
— Ohio Rev. Code § 3513.31(1) — 1 case
State Ex Rel. Scherach v. Lorain Cnty. Bd. of Elections, 2009 Ohio 5349 (Ohio 2009). “289, which is prescribed by the secretary of state for the certification of the selection of a candidate to fill a vacancy in a party nomination pursuant to R.C. 3513.31. Riley signed the portion of the form for his acceptance of the nomination, and the director of respondent…”
— Ohio Rev. Code § 3513.31(B) — 1 case
State ex rel. Conrath v. LaRose, 2022 Ohio 3594 (Ohio 2022). “2d 1130 (1992), we considered former R.C. 3513.31, Am.H.B. No. 397, 140 Ohio Laws, Part II, 3682, which contained statutory language similar to the language contained in the statute at issue here and authorized a political-party committee to select a general-election candidate…”
— Ohio Rev. Code § 3513.31(C) — 3 cases
State Ex Rel. Durkin v. Mahoning Cnty. Bd. of Elections, 684 N.E.2d 1289 (Ohio Ct. App. 1996).
State ex rel. Addis v. McClenen, 895 N.E.2d 532 (Ohio 2008).
State ex rel. Vermilion Campaign Commt. for Jean A. Anderson v. Lorain Cty. Bd. of Elections, 2025 Ohio 3250 (Ohio 2025).
— Ohio Rev. Code § 3513.31(D) — 4 cases
State ex rel. Brady v. Blackwell, 112 Ohio St. 3d 1 (Ohio 2006). “2d 1130 (notice of meeting to select replacement nominee sufficiently specified the purpose of the meeting, as required by R.C. 3513.31, by stating that it would be held for “ ‘Consideration of Candidate Recommendations for the Primary Election Dated May 5, 1992,’ ” and that “…”
State Ex Rel. Reading v. Cuyahoga Cnty. Bd. of Elections, 769 N.E.2d 405 (Ohio Ct. App. 2001).
State Ex Rel. Brady v. Blackwell, 862 N.E.2d 858 (Ohio Ct. App. 2006).
State ex rel. Brady v. Blackwell, 112 Ohio St. 3d 12 (Ohio 2006).
— Ohio Rev. Code § 3513.31(F) — 2 cases
State ex rel. Vermilion Campaign Commt. for Jean A. Anderson v. Lorain Cty. Bd. of Elections, 2025 Ohio 3250 (Ohio 2025).
State ex rel. Guest v. Husted (Slip Opinion), 2018 Ohio 3161 (Ohio 2018).
— Ohio Rev. Code § 3513.31(I) — 2 cases
State ex rel. Trumbull Cty. Repub. Cent. Commt. v. Trumbull Cty. Bd. of Elections, 2022 Ohio 3268 (Ohio 2022). “04 expressly refers to R.C. 3513.31: it says that no person who sought a party nomination at a primary election may become a candidate “by filling a vacancy under section 3513.”
State of Ohio, ex rel v. Ohio Sec'y of State (S.D. Ohio 2023).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.