Ohio Rev. Code » Chapter 731
Ohio Revised Code

Ohio Rev. Code § 731.12 (2026)

Qualifications of members of village legislative authority

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Effective:
August 22, 1995
Latest Legislation:
House Bill 99 - 121st General Assembly
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Each member of the legislative authority of a village shall have resided in the village one year immediately preceding the member's election, and shall be an elector of the village. No member of the legislative authority shall hold any other public office, be interested in any contract with the village, or hold employment with said village, except that such member may be a notary public, a member of the state militia, or a volunteer fireman of said village, provided that such member shall not receive any compensation for his services as a volunteer fireman of the village in addition to his regular compensation as a member of the legislative authority. Any member who ceases to possess any of such qualifications or who removes from the village shall 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 village 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 6 cases (1 in the last 5 years), 1956–2025 · leading case: Headlee v. Franklin Cnty. Bd. of Elections, 368 F. Supp. 999 (S.D. Ohio 1973).
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Headlee v. Franklin Cnty. Bd. of Elections, 368 F. Supp. 999 (S.D. Ohio 1973). · cites it 6× “The Board held that plaintiff and Bland were not qualified to seek the office of Village Council solely because of the residency requirement of Section 731.12 of the Ohio Revised Code. That section provides in part that: Each member of the legislative authority of a village…”
Roseman v. Vill. of Reminderville, 470 N.E.2d 224 (Ohio Ct. App. 9th Dist. 1984). “* * *Any member who ceases to possess any of such qualifications or who removes from the village shall forfeit his office.”
State, Ex Rel. Scarl v. Small, 145 N.E.2d 200 (Ohio Ct. App. 1956). · cites it 2× “The sole question before us is this: Does the respondent’s employment as a school teacher in the public school system of Warren render him ineligible to serve as councilman at large in the village of Windham? Section 731.12, Revised Code, provides: “Each member of the…”
Plotts v. Hodge, 706 N.E.2d 815 (Ohio Ct. App. 3d Dist. 1997). “Appellees found appellant unqualified to serve pursuant to R.C. 731.12 because, in addition to sitting on council, he also worked as a *510 paid volunteer firefighter for an adjoining village that contracted with Melrose village to provide firefighting services to Melrose…”
State ex rel. Ziegler v. Hamilton Cnty. Bd. of Elections, 621 N.E.2d 1199 (Ohio 1993). · cites it 7× “Wishing to run for Fairfax Village Council in 1993, relator filed a legally sufficient statement of candidacy and nominating petition on August 19, 1993.”
Long v. Vill. of Port Jefferson, No. 3:24-cv-00324 (S.D. Ohio Apr. 10, 2025). · cites it 2× “” Ohio Rev. Code § 731.12. other vehicles remained on the village streets in defiance of that ordinance, the Mayor reported that he was not enforcing the ordinance at that time.”
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