As Introduced

136th General Assembly

Regular Session H. B. No. 123

2025-2026

A BILL

To amend sections 3.02, 302.09, 305.02, 503.24, and 733.31 of the Revised Code to modify the procedures for filling vacancies in certain local elected offices.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3.02, 302.09, 305.02, 503.24, and 733.31 of the Revised Code be amended to read as follows:

Sec. 3.02. (A) ~~When~~ Subject to division (B) of this section, when an elective office becomes vacant and is filled by appointment, such appointee shall hold the office until the appointee's successor is elected and qualified; and such successor shall be elected for the unexpired term, at the first general election for the office which is vacant that occurs more than forty days after the vacancy has occurred; provided that when the unexpired term ends within one year immediately following the date of such general election, an election to fill such unexpired term shall not be held and the appointment shall be for such unexpired term.

(B) In the case of a vacancy in an office for which the term expires in a month other than November, December, or January, other than the office of judge or justice of any court, if no election is held to fill the vacancy for the remainder of the unexpired term, all of the following apply:

(1) If, when the vacancy occurs, a person has been certified as elected to the office for the following full term, the appointing authority shall notify the person to provide a copy of the person's certificate of election to the appointing authority. Upon being presented with a copy of the person's certificate of election, the appointing authority shall appoint the person to the office for the remainder of the unexpired term. If the person fails to qualify to hold the office for the remainder of the unexpired term, another person shall be appointed under division (A) of this section to fill the vacancy for the remainder of the unexpired term.

(2) If, when the vacancy occurs, a person has not been certified as elected to the office for the following full term, and the person appointed to fill the vacancy under division (A) of this section is not elected to the office for the following full term, the person shall hold the office only until the person who is elected to the office for the following full term is appointed and qualifies to serve the remainder of the unexpired term under division (B)(3) of this section. However, if the person who is elected to the office for the following full term fails to qualify to hold the office for the remainder of the unexpired term under division (B)(3) of this section, the person appointed to fill the vacancy under division (A) of this section shall hold the office for the remainder of the unexpired term.

(3) If the person who is elected to the office for the following full term was not already appointed to the office under division (A) of this section, the appointing authority shall notify the person to provide a copy of the person's certificate of election to the appointing authority. Upon being presented with a copy of the person's certificate of election, the appointing authority shall appoint the person to the office for the remainder of the unexpired term.

(4) As used in division (B) of this section, "appointing authority" does not include a committee of a political party or a committee of persons designated by a candidate. In the case of an office for which such a committee may fill a vacancy, the person who is designated to make an appointment to fill a vacancy in an elective office whose previous occupant was elected as an independent candidate is the appointing authority for purposes of this division.

(C) When an elective office becomes vacant and is filled by appointment under division (A) or (B)(2) of this section, the appointing authority shall, immediately but no later than seven days after making the appointment, certify it to the board of elections and to the secretary of state. The board of elections or, in the case of an appointment to a statewide office, the secretary of state shall issue a certificate of appointment to the appointee. Certificates of appointment shall be in such form as the secretary of state shall prescribe.

~~(C)~~ (D) When an elected candidate fails to qualify for the office to which the candidate has been elected, the office shall be filled as in the case of a vacancy. Until so filled, the incumbent officer shall continue to hold office. This section does not postpone the time for such election beyond that at which it would have been held had no such vacancy occurred, or affect the official term, or the time for the commencement thereof, of any person elected to such office before the occurrence of such vacancy.

Sec. 302.09. When a vacancy occurs in the board of county commissioners or in the office of county auditor, county treasurer, prosecuting attorney, clerk of the court of common pleas, sheriff, county recorder, county engineer, or coroner more than forty days before the next general election for state and county officers, the vacancy shall be filled as provided for in ~~divisions (A) and (B) of~~ section 305.02 of the Revised Code.

Sec. 305.02. (A) If a vacancy in the office of county commissioner, prosecuting attorney, county auditor, county treasurer, clerk of the court of common pleas, sheriff, county recorder, county engineer, or coroner occurs more than forty days before the next general election for state and county officers, a successor shall be elected at such election for the unexpired term unless such term expires within one year immediately following the date of such general election.

In either event, the vacancy shall be filled as provided in this section and the appointee shall hold office until a successor is elected and qualified.

(B) If Subject to division (C) of this section, if a vacancy occurs from any cause in any of the offices named in division (A) of this section, then not later than forty-five days after the vacancy occurs, a person shall be appointed to hold the office and to perform the duties thereof until a successor is elected and has qualified. The appointment shall be made as follows:

(1) If the last occupant of the office was elected as a partisan candidate, the county central committee of the political party that nominated the last occupant of the office for the current term shall make the appointment. However, if such vacancy occurs because of the death, resignation, or inability to take the office of an officer-elect whose term has not yet begun, and the officer-elect was elected as a partisan candidate, an appointment to take such office at the beginning of the term shall be made by the central committee of the political party that nominated the officer-elect as a candidate for that office for that term.

A county central committee that makes an appointment under division (B)(1) of this section shall meet for that purpose not less than five nor more than forty-five days after the vacancy occurs. Not less than four days before the date of such meeting the chairperson or secretary of such central committee shall send by first class mail to every member of such central committee a written notice which shall state the time and place of such meeting and the purpose thereof. A majority of the members of the central committee present at such meeting may make the appointment.

(2) If the last occupant of the office or the officer-elect was elected to serve the current term as an independent candidate, the board of county commissioners shall make the appointment, except where the vacancy is in the office of county commissioner, in which case the prosecuting attorney and the remaining commissioners or a majority of them shall make the appointment.

(C) In the case of a vacancy in the office of county auditor or county treasurer, if no election is held to fill the vacancy for the remainder of the unexpired term, all of the following apply:

(1) If, when the vacancy occurs, a person has been certified as elected to the office for the following full term, the board of county commissioners shall notify the person to provide a copy of the person's certificate of election to the board. Upon being presented with a copy of the person's certificate of election, the board shall appoint the person to the office for the remainder of the unexpired term. If the person fails to qualify to hold the office for the remainder of the unexpired term, another person shall be appointed under division (B) of this section to fill the vacancy for the remainder of the unexpired term.

(2) If, when the vacancy occurs, a person has not been certified as elected to the office for the following full term, and the person appointed to fill the vacancy under division (B) of this section is not elected to the office for the following full term, the person shall hold the office only until the person who is elected to the office for the following full term is appointed and qualifies to serve the remainder of the unexpired term under division (C)(3) of this section. However, if the person who is elected to the office for the following full term fails to qualify to hold the office for the remainder of the unexpired term under division (C)(3) of this section, the person appointed to fill the vacancy under division (B) of this section shall hold the office for the remainder of the unexpired term.

(3) If the person who is elected to the office for the following full term was not already appointed to the office under division (B) of this section, the board of county commissioners shall notify the person to provide a copy of the person's certificate of election to the board. Upon being presented with a copy of the person's certificate of election, the board shall appoint the person to the office for the remainder of the unexpired term.

(D) Appointments made under this section shall be certified by the appointing county central committee or by the board of county commissioners to the county board of elections and to the secretary of state, and the persons so appointed and certified shall be entitled to all remuneration provided by law for the offices to which they are appointed.

~~(D)~~ (E) The board of county commissioners may appoint a person to hold any of the offices named in division (A) of this section as an acting officer and to perform the duties thereof between the occurrence of the vacancy and the time when the officer appointed under division (B) or (C) of this section qualifies and takes the office.

~~(E)~~ (F) A person appointed prosecuting attorney or assistant prosecuting attorney shall give bond and take the oath of office prescribed by section 309.03 of the Revised Code for the prosecuting attorney.

Sec. 503.24. If (A) Subject to division (D) of this section, if there is a vacancy by reason of the nonacceptance, death, or removal of a person chosen to an office in any township at the regular election, or if there is a vacancy from any other cause, the board of township trustees shall appoint a person having the qualifications of an elector to fill such vacancy for the unexpired term or until a successor is elected.

If (B) Subject to division (D) of this section, if a township is without a board or if no appointment is made within thirty days after the occurrence of a vacancy, a majority of the persons designated as the committee of five on the last-filed nominating petition of the township officer whose vacancy is to be filled who are residents of the township shall appoint a person having the qualifications of an elector to fill the vacancy for the unexpired term or until a successor is elected. If at least three of the committee members who are residents of the township cannot be found, or if that number of such members fails to make an appointment within ten days after the thirty-day period in which the board of township trustees is authorized to make an appointment, then the presiding probate judge of the county shall appoint a suitable person having the qualifications of an elector in the township to fill the vacancy for the unexpired term or until a successor is elected.

(C) If a vacancy occurs in a township elective office more than forty days before the next general election for municipal and township officers a successor shall be chosen at that election to fill the unexpired term, provided the term does not expire within one year from the day of the election. If the term expires within one year from the day of the next general election for municipal and township officers, a successor appointed pursuant to this section shall serve out the unexpired term, subject to division (D) of this section.

(D) In the case of a vacancy in the office of township fiscal officer, if no election is held to fill the vacancy for the remainder of the unexpired term, all of the following apply:

(1) If, when the vacancy occurs, a person has been certified as elected to the office for the following full term, the board of township trustees or, if the township is without a board, the presiding probate judge of the county shall notify the person to provide a copy of the person's certificate of election to the board or the judge, as applicable. Upon being presented with a copy of the person's certificate of election, the board or the judge, as applicable, shall appoint the person to the office for the remainder of the unexpired term. If the person fails to qualify to hold the office for the remainder of the unexpired term, another person shall be appointed under division (A) or (B) of this section to fill the vacancy for the remainder of the unexpired term.

(2) If, when the vacancy occurs, a person has not been certified as elected to the office for the following full term, and the person appointed to fill the vacancy under division (A) or (B) of this section is not elected to the office for the following full term, the person shall hold the office only until the person who is elected to the office for the following full term is appointed and qualifies to serve the remainder of the unexpired term under division (D)(3) of this section. However, if the person who is elected to the office for the following full term fails to qualify to hold the office for the remainder of the unexpired term under division (D)(3) of this section, the person appointed to fill the vacancy under division (A) or (B) of this section shall hold the office for the remainder of the unexpired term.

(3) If the person who is elected to the office for the following full term was not already appointed to the office under division (A) or (B) of this section, the board of township trustees or, if the township is without a board, the presiding probate judge of the county shall notify the person to provide a copy of the person's certificate of election to the board or the judge, as applicable. Upon being presented with a copy of the person's certificate of election, the board or the judge, as applicable, shall appoint the person to the office for the remainder of the unexpired term.

Sec. 733.31. (A) ~~Unless~~ Subject to division (F) of this section and unless otherwise provided by law, vacancies arising in appointive and elective offices of villages shall be filled by appointment by the mayor for the remainder of the unexpired term, provided that:

(1) Vacancies in the office of mayor shall be filled in the manner provided by section 733.25 of the Revised Code;

(2) Vacancies in the membership of the legislative authority shall be filled in the manner provided by section 731.43 of the Revised Code;

(3) Vacancies in the office of president pro tempore of a village legislative authority shall be filled in the manner provided by section 731.11 of the Revised Code.

In the event of a vacancy in the office of village clerk or treasurer, the mayor may appoint a person to serve as an acting officer to perform the duties of the office until a permanent officer is appointed to fill the vacancy.

(B) ~~Unless~~ Subject to division (F) of this section and unless otherwise provided by law, vacancies arising in appointive offices of cities shall be filled by appointment by the mayor for the remainder of the unexpired term.

(C) A vacancy in the office of president of the legislative authority of a city shall be filled in the same manner as provided in division (D) of this section. Vacancies in the office of mayor of a city shall be filled in the manner provided in section 733.08 of the Revised Code. Vacancies in the membership of the legislative authority of a city shall be filled in the manner provided in section 731.43 of the Revised Code.

(D) In case of the death, resignation, removal, or disability of the director of law, auditor, or treasurer of a city and such vacancy occurs more than forty days before the next general election for such office, a successor shall be elected at such election for the unexpired term unless such term expires within one year immediately following the date of such general election. In either event, the vacancy shall be filled as provided in this section and the appointee shall hold office until a successor is elected and qualified, subject to division (F) of this section.

(1) The county central committee of the political party that nominated the last occupant of the office as a candidate for that office for the current term, acting through its members who reside in the city where the vacancy occurs, shall appoint a person to hold the office and to perform the duties thereof until a successor is elected and has qualified, except that if such vacancy occurs because of the death, resignation, or inability to take the office of an officer-elect whose term has not yet begun, an appointment to take such office at the beginning of the term shall be made by the members of the central committee who reside in the city where the vacancy occurs.

(2) Not less than five nor more than forty-five days after a vacancy occurs, the county central committee, acting through its members who reside in the city where the vacancy occurs, shall meet for the purpose of making an appointment. Not less than four days before the date of the meeting the chairperson or secretary of the central committee shall send by first class mail to every member of such central committee who resides in the city where the vacancy occurs a written notice which shall state the time and place of such meeting and the purpose thereof. A majority of the members of the central committee present at such meeting may make the appointment.

(E) If the last occupant of the office or the officer-elect, as provided in division (D) of this section, was elected to serve the current term as an independent candidate, the mayor of the city shall make the appointment at the time the vacancy occurs.

(F) In the case of a vacancy in the office of village clerk, village clerk-treasurer, or any other city or village elective office for which the term expires in a month other than November, December, or January, if no election is held to fill the vacancy for the remainder of the unexpired term, all of the following apply:

(1) If, when the vacancy occurs, a person has been certified as elected to the office for the following full term, the mayor shall notify the person to provide a copy of the person's certificate of election to the mayor. Upon being presented with a copy of the person's certificate of election, the mayor shall appoint the person to the office for the remainder of the unexpired term. If the person fails to qualify to hold the office for the remainder of the unexpired term, another person shall be appointed under divisions (A) to (E) of this section to fill the vacancy for the remainder of the unexpired term.

(2) If, when the vacancy occurs, a person has not been certified as elected to the office for the following full term, and the person appointed to fill the vacancy under divisions (A) to (E) of this section is not elected to the office for the following full term, the person shall hold the office only until the person who is elected to the office for the following full term is appointed and qualifies to serve the remainder of the unexpired term under division (F)(3) of this section. However, if the person who is elected to the office for the following full term fails to qualify to hold the office for the remainder of the unexpired term under division (F)(3) of this section, the person appointed to fill the vacancy under divisions (A) to (E) of this section shall hold the office for the remainder of the unexpired term.

(3) If the person who is elected to the office for the following full term was not already appointed to the office under divisions (A) to (E) of this section, the mayor shall notify the person to provide a copy of the person's certificate of election to the mayor. Upon being presented with a copy of the person's certificate of election, the mayor shall appoint the person to the office for the remainder of the unexpired term.

(G) Appointments made under this section shall be certified by the appointing county central committee or by the mayor of the municipal corporation to the county board of elections and to the secretary of state. The persons so appointed and certified shall be entitled to all remuneration provided by law for the offices to which they are appointed.

~~(G)~~ (H) The mayor of the city may appoint a person to hold the city office of director of law, auditor, or treasurer as an acting officer and to perform the duties thereof between the occurrence of the vacancy and the time when the person appointed by the central committee qualifies and takes the office.

Section 2. That existing sections 3.02, 302.09, 305.02, 503.24, and 733.31 of the Revised Code are hereby repealed.

Section 3. Sections 3.02, 302.09, 305.02, 503.24, and 733.31 of the Revised Code, as amended by this act, first apply to vacancies that occur on or after the effective date of this section.