Ohio Rev. Code » Chapter 3517
Ohio Revised Code

Ohio Rev. Code § 3517.012 (2026)

Party comes into legal existence on date of filing

✓ current as of May 2026
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Effective:
February 5, 2014
Latest Legislation:
Senate Bill 193 - 130th General Assembly
PDF:
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(A)(1) When a party formation petition meeting the requirements of section 3517.01 of the Revised Code declaring the intention to organize a political party is filed with the secretary of state, the new party comes into legal existence on the date of filing and is entitled to nominate candidates to appear on the ballot at the general election held in even-numbered years that occurs more than one hundred twenty-five days after the date of filing.

(2)(a) Upon receiving a party formation petition filed under division (A)(1) of this section, the secretary of state shall promptly transmit to each board of elections the separate petition papers that purport to contain signatures of electors of that board's county.

(b) Not later than the one hundred eighteenth day before the day of the general election, each board shall examine and determine the sufficiency of the signatures on the petition papers and shall return them to the secretary of state, together with the board's certification of its determination as to the validity or invalidity of the signatures on the petition.

(c) Any qualified elector may file a written protest against the petition with the secretary of state not later than the one hundred fourteenth day before the day of the general election. Any such protest shall be resolved in the manner specified under section 3501.39 of the Revised Code.

(d) Not later than the ninety-fifth day before the day of the general election, the secretary of state shall determine whether the party formation petition is sufficient and shall notify the committee designated in the petition of that determination.

(B)(1) Not later than one hundred ten days before the day of that general election and not earlier than the day the applicable party formation petition is filed, each candidate or pair of joint candidates wishing to appear on the ballot at the general election as the nominee or nominees of the party that filed the party formation petition shall file a nominating petition, on a form prescribed by the secretary of state, that includes the name of the political party that submitted the party formation petition. Except as otherwise provided in this section and sections 3505.03, 3505.08, 3506.11, 3513.31, 3513.311, and 3513.312 of the Revised Code, the provisions of the Revised Code concerning independent candidates who file nominating petitions apply to candidates who file nominating petitions under this section.

(2)(a) If the candidacy is to be submitted to electors throughout the entire state, the nominating petition, including a petition for joint candidates for the offices of governor and lieutenant governor, shall be signed by at least fifty qualified electors who have not voted as a member of a different political party at any primary election within the current year or the immediately preceding two calendar years.

(b) Except as otherwise provided in this division, if the candidacy is to be submitted only to electors within a district, political subdivision, or portion thereof, the nominating petition shall be signed by not less than five qualified electors who have not voted as a member of a different political party at any primary election within the current year or the immediately preceding two calendar years.

(3)(a) Each board of elections that is responsible to verify signatures on the nominating petition shall examine and determine the sufficiency of those signatures not later than the one hundred fifth day before the day of the general election and shall be resolved as specified in that section.

(b) Written protests against the petition may be filed in the manner specified under section 3513.263 of the Revised Code not later than the one hundredth day before the general election and shall be resolved as specified in that section.

(c) Not later than the ninety-fifth day before the day of the general election, the secretary of state or the board of elections, as applicable, shall determine whether the nominating petition is sufficient and shall notify the candidate and the committee designated in the party formation petition of that determination.

(C)(1) After being notified that the political party has submitted a sufficient party formation petition under division (A) of this section, the committee designated in a party formation petition shall, not later than the seventy-fifth day before the day of the general election, certify to the secretary of state a slate of candidates consisting of candidates or joint candidates who submitted sufficient nominating petitions under division (B) of this section. The slate certifying the candidates shall be on a form prescribed by the secretary of state and signed by all of the individuals of the committee designated in the party formation petition. In no event shall the slate of candidates include more than one candidate for any public office or more than one set of joint candidates for the offices of governor and lieutenant governor. The names of the candidates or joint candidates so certified shall appear on the ballot at the general election as that party's nominees for those offices. For purposes of this division, "joint candidates" means the joint candidates for the offices of governor and lieutenant governor.

(2) If a candidate's nominating petition is insufficient or if the committee does not certify the candidate's name under division (C)(1) of this section, the candidate shall not appear on the ballot in the general election.

(3) If a party formation petition is insufficient, no candidate shall appear on the ballot in the general election as that political party's nominee, regardless of whether any candidate's nominating petition is sufficient.
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 2006–2022 · leading case: State ex rel. Conrath v. LaRose, 2022 Ohio 3594 (Ohio 2022).
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State ex rel. Conrath v. LaRose, 2022 Ohio 3594 (Ohio 2022). · cites it 8× “) {¶ 11} “[P]arty candidate” means: [A]ny candidate who claims to be a member of a political party and who has been certified to appear on the office-type ballot at a general or special election as the nominee of a political party because the candidate has won the primary…”
Libertarian Party of Ohio v. Jon Husted, 831 F.3d 382 (6th Cir. 2016). · cites it 2× “J. at 6) (Page ID #2613). By eliminating the primary requirement, Ohio now requires that minor-party candidates file paperwork 110 days before the general election, rather than over a year in advance.”
Howard Hawkins v. Mike DeWine, 968 F.3d 603 (6th Cir. 2020). · cites it 2× “See Ohio Rev. Code § 3517.01(A)(1)(b)(i). As with the individual candidate petitions, those signatures must be collected in person.”
Libertarian Party of Ohio v. Husted, 2017 Ohio 7737 (Ohio Ct. App. 2017). · cites it 2× “193, R.C. 3517.012 provided: When a petition meeting the requirements of section 3517.”
State ex rel. Trumbull Cty. Repub. Cent. Commt. v. Trumbull Cty. Bd. of Elections, 2022 Ohio 3268 (Ohio 2022). · cites it 4× “04 provides: 2 January Term, 2022 No person who seeks party nomination for an office or position at a primary election by declaration of candidacy * * * shall be permitted to become a candidate by nominating petition, including a nominating petition filed under section 3517.012…”
Libertarian Party v. Blackwell, 462 F.3d 579 (6th Cir. 2006). · cites it 2× “See Ohio Rev. Code § 3517.012. The issue in this case is whether the move to accommodate the major parties has placed an impermissible burden on the constitutional rights of minor parties, including the LPO, and the supporters of these minor parties.”
— Ohio Rev. Code § 3517.012(A) — 1 case
Howard Hawkins v. Mike DeWine, 968 F.3d 603 (6th Cir. 2020). “See Ohio Rev. Code § 3517.01(A)(1)(b)(i). As with the individual candidate petitions, those signatures must be collected in person.”
— Ohio Rev. Code § 3517.012(B)(1) — 1 case
Libertarian Party of Ohio v. Jon Husted, 831 F.3d 382 (6th Cir. 2016). “J. at 6) (Page ID #2613). By eliminating the primary requirement, Ohio now requires that minor-party candidates file paperwork 110 days before the general election, rather than over a year in advance.”
— Ohio Rev. Code § 3517.012(B)(3)(b) — 1 case
Libertarian Party of Ohio v. Jon Husted, 831 F.3d 382 (6th Cir. 2016). “J. at 6) (Page ID #2613). By eliminating the primary requirement, Ohio now requires that minor-party candidates file paperwork 110 days before the general election, rather than over a year in advance.”
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