Ohio Rev. Code » Chapter 731
Ohio Revised Code

Ohio Rev. Code § 731.02 (2026)

Qualifications of members of legislative authority

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Effective:
August 22, 1995
Latest Legislation:
House Bill 99 - 121st General Assembly
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Members of the legislative authority at large shall have resided in their respective cities, and members from wards shall have resided in their respective wards, for at least one year immediately preceding their election. Each member of the legislative authority shall be an elector of the city, shall not hold any other public office, except that of notary public or member of the state militia, and shall not be interested in any contract with the city, and no such member may hold employment with said city. A member who ceases to possess any of such qualifications, or removes from the member's ward, if elected from a ward, or from the city, if elected from the city at large, shall forthwith forfeit the member's office.

The purpose of establishing a one-year residency requirement in this section is to recognize that the state has a substantial and compelling interest in encouraging qualified candidacies for election to the office of member of the legislative authority of a city by ensuring that a candidate for such office has every opportunity to become knowledgeable with and concerned about the problems and needs of the area the candidate seeks to represent. In enacting this requirement, the general assembly finds that the one-year period is reasonably related to this purpose, while leaving unimpaired a person's right to travel, to vote, and to be a candidate for public office.
Notes of Decisions
Cited in 5 cases, 1956–1987 · leading case: Fenton v. Enaharo, 509 N.E.2d 67 (Ohio 1987).
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Fenton v. Enaharo, 509 N.E.2d 67 (Ohio 1987). · cites it 4× “A quo warranto action was instituted in this court by the relator who claimed that the vacancy should have been filled in conjunction with the requirements contained within R.C. 731.02. At the time of the institution of the original action, the Youngstown City Charter provided:…”
State ex rel. Corrigan v. Barnes, 443 N.E.2d 1034 (Ohio Ct. App. 8th Dist. 1982). · cites it 3× “In contrast, the Ohio statute under review is not contained in the section of the Revised Code which establishes qualifications for members of the legislative authority of municipalities, R.C. 731.02. R.C. 2961.01 is instead contained in the Criminal Code; the title of the…”
State ex rel. Platz v. Mucci, 225 N.E.2d 238 (Ohio 1967). · cites it 2× “However, if Section 731.02, Revised Code, is applicable with respect to qualifications for office of a Youngstown councilman, then the answer may be in the negative.”
State ex rel. Bindas v. Andrish, 165 Ohio St. (N.S.) 441 (Ohio 1956). · cites it 4× “However, if Section 731.02, Revised Code, is applicable with respect to qualifications for office of a Youngstown councilman, then the answer may be in the negative.”
State ex rel. Devine v. Hoermle, 168 Ohio St. 461 (1959). · cites it 2× “, Section 731.02, Revised *466 Code, which prohibits the holding by a member of council of another public office or employment, controlled.”
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