As Introduced

136th General Assembly

Regular Session H. B. No. 752

2025-2026

To amend sections 3501.06, 3501.07, 3501.08, 3501.12, and 3501.15 and to enact section 3501.111 of the Revised Code to prohibit a board of elections member or employee from being a member of a political party's state central committee and to create a conflict of interest procedure for the boards of elections.

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

Section 1. That sections 3501.06, 3501.07, 3501.08, 3501.12, and 3501.15 be amended and section 3501.111 of the Revised Code be enacted to read as follows:

Sec. 3501.06. ~~(A)~~ (A)(1) There shall be in each county of the state a board of elections consisting of four ~~qualified electors of the county~~ members and two alternate members, who shall be appointed by the secretary of state in accordance with section 3501.07 of the Revised Code, as the secretary's representatives. Each member and alternate member of the board shall be a qualified elector of the county. Members of the board shall serve terms of four years and alternate members of the board shall serve terms of two years.

(2) Alternate members of the board shall serve only as required under section 3501.111 of the Revised Code.

(B)(1) On the first day of March in the years 2014 and 2016, the secretary of state shall appoint two of such board members for a term of three years. One of those board members shall be from the political party which cast the highest number of votes for the office of governor at the most recent regular state election, and the other shall be from the political party which cast the next highest number of votes for the office of governor at such election.

(2) Beginning in 2017, on the first day of March in odd-numbered years, the secretary of state shall appoint two of such board members for a term of four years. One of those board members shall be from the political party which cast the highest number of votes for the office of governor at the most recent regular state election, and the other shall be from the political party which cast the next highest number of votes for the office of governor at such election. Thereafter, all appointments of board members shall be made on the first day of March in odd-numbered years for a term of four years.

(3) Beginning on the first day of March in an odd-numbered year after this amendment takes effect, and on the first day of March in each odd-numbered year thereafter, the secretary of state shall appoint two alternate members to the board to serve terms of two years. One alternate member shall be from the political party that cast the highest number of votes for the office of governor at the most recent regular state election, and the other shall be from the political party that cast the next highest number of votes for the office of governor at such election.

(C) All vacancies filled for unexpired terms and all appointments to new terms shall be made from the political party to which the vacating or outgoing member belonged, unless there is a third political party which cast a greater number of votes in the state at the most recent regular state election for the office of governor than did the party to which the retiring member belonged, in which event the vacancy shall be filled from such third party.

Sec. 3501.07. At a meeting held not more than sixty nor less than fifteen days before the expiration date of the term of office of a member or alternate member of the board of elections, or within fifteen days after a vacancy occurs in the board, the county executive committee of the major political party entitled to the appointment may make and file a recommendation with the secretary of state for the appointment of a qualified elector. The secretary of state shall appoint such elector, unless the secretary of state has reason to believe that the elector would not be a competent member or alternate member of such board, as applicable. In such cases the secretary of state shall so state in writing to the chairperson of such county executive committee, with the reasons therefor, and such committee may either recommend another elector or may apply for a writ of mandamus to the supreme court to compel the secretary of state to appoint the elector so recommended. In such action the burden of proof to show the qualifications of the person so recommended shall be on the committee making the recommendation. If no such recommendation is made, the secretary of state shall make the appointment.

If a vacancy on the board of elections is to be filled by a minor political party, authorized officials of that party may within fifteen days after the vacancy occurs recommend a qualified person to the secretary of state for appointment to such vacancy.

This section does not apply to the appointment of a temporary alternate member under division (C)(2) of section 3501.111 of the Revised Code.

Sec. 3501.08. Before entering upon the duties of ~~his~~the office, each member and alternate member of the board of elections shall appear before a person authorized to administer oaths and take and subscribe to an oath that hethe member or alternate member will support the constitutions of the United States and of the state, will perform the duties of the office to the best of ~~his~~the member's or alternate member's ability, will enforce the election laws, and will protect and preserve the records and property pertaining to elections. Such oath shall be filed with the clerk of the court of common pleas of the county wherein the officer resides within fifteen days from the date of appointment.

Sec. 3501.111. (A) No member, alternate member, or temporary alternate member of a board of elections shall participate in any hearing, deliberation, or vote on any matter in which the person has a direct personal, financial, professional, or political interest. For purposes of this division, the sole fact that a party to a matter before the board is a member of a particular political party does not in itself constitute a direct political interest on the part of a member, alternate member, or temporary alternate member of the board.

(B) A member, alternate member, or temporary alternate member who has a conflict of interest as described in division (A) of this section first shall file a written disclosure of the conflict of interest with the board of elections and with the secretary of state and then shall recuse the person's self from the matter. The disclosure shall be on a form prescribed by the secretary of state and shall describe the nature of the conflict of interest. A disclosure filed under this division is a public record for purposes of section 149.43 of the Revised Code.

(C)(1) When a member is recused under division (B) of this section, the alternate member of the board who is from the same political party as the member shall serve in the recused member's place, solely for the purpose of hearing, deliberating, and voting on the matter in which the member has a conflict of interest. An alternate member shall participate in no other matter before the board.

(2) When an alternate member or temporary alternate member is recused under division (B) of this section, the secretary of state shall appoint a qualified elector of the county to serve as a temporary alternate member in the recused alternate or temporary alternate member's place, solely for the purpose of hearing, deliberating, and voting on the matter in which the alternate or temporary alternate member has a conflict of interest. A temporary alternate member shall participate in no other matter before the board. Before entering upon the temporary alternate member's duties, the temporary alternate member shall take the oath of office under section 3501.08 of the Revised Code. The temporary alternate member's term of office ends at the conclusion of the hearing, deliberation, and vote on the matter in which the alternate member has a conflict of interest.

Sec. 3501.12. ~~(A)~~ (A)(1) The annual compensation of members of the board of elections shall be determined on the basis of the population of the county according to the next preceding federal census, and shall be paid monthly out of the appropriations made to the board and upon vouchers or payrolls certified by the chairperson, or a member of the board designated by it, and countersigned by the director or in the director's absence by the deputy director. Upon presentation of any such voucher or payroll, the county auditor shall issue a warrant upon the county treasurer for the amount thereof as in the case of vouchers or payrolls for county offices and the treasurer shall pay such warrant.

(2) Alternate members and temporary alternate members of the board of elections shall serve without compensation.

(B) In calendar year 2018, the amount of annual compensation of each member of the board of elections shall be the greater of the following:

(1) The sum of the following:

(a) One hundred two dollars and forty-one cents for each full one thousand of the first one hundred thousand population;

(b) Forty-eight dollars and seventy-nine cents for each full one thousand of the second one hundred thousand population;

(d) Eight dollars and thirteen cents for each full one thousand above three hundred thousand population.

(2) Six thousand dollars.

(C) The annual compensation of each member of the board shall be computed after increasing the dollar amounts specified in divisions (B)(1) and (2) of this section as follows:

(1) In calendar year 2019 and in each calendar year thereafter through calendar year 2025, by one and three-quarters per cent;

(2) In calendar year 2026 and in each calendar year thereafter through calendar year 2029, by five per cent.

(D) For the purposes of this section, members of boards of elections shall be deemed to be appointed and not elected, and therefore not subject to Section 20 of Article II of the Ohio Constitution.

Sec. 3501.15. (A)(1) No person shall serve as a member, alternate member, temporary alternate member, director, deputy director, or employee of the board of elections who is a candidate for any office to be filled at an election~~, except~~ .

(2) Division (A)(1) of this section does not apply to a candidate for the office of delegate or alternate to a convention, member of the board of directors of a county agricultural society, or presidential elector~~, or a~~ .

(3) Division (A)(1) of this section applies to a candidate for member of the state central committee of a political party but not to a candidate for member of a any other political party committee. No

(B) No member of the state central committee of a political party shall serve as a member, alternate member, temporary alternate member, director, deputy director, or employee of a board of elections. When a member, alternate member, temporary alternate member, director, deputy director, or employee of a board of elections becomes a member of the state central committee of a political party, the person's office or position with the board of elections is deemed vacant.

(C) No person who is a candidate for an office or position to be voted for by the electors of a precinct, except for a candidate for county central committee who is not opposed by any other candidate in that election and precinct, shall serve as a precinct election officer in said precinct.

Section 2. That existing sections 3501.06, 3501.07, 3501.08, 3501.12, and 3501.15 of the Revised Code are hereby repealed.

Section 3. (A) Not later than fifteen days after the effective date of this section, the county executive committee of each political party that cast the highest or next highest number of votes for the office of Governor at the most recent regular state election may make and file a recommendation with the Secretary of State for the appointment of a qualified elector of the county to serve as an alternate member of the board of elections. The Secretary of State shall appoint that elector under division (B) of this section, unless the Secretary of State has reason to believe that the elector would not be a competent alternate member of the board. In that case, the Secretary of State shall state that fact and the reasons in writing to the chairperson of the county executive committee, and the committee may either recommend another elector or may apply for a writ of mandamus to the Supreme Court to compel the Secretary of State to appoint the recommended elector. The burden of proof to show the qualifications of the recommended elector are on the committee making the recommendation. If no such recommendation is made, the Secretary of State shall make the appointment under division (B) of this section.

(B) Not later than thirty days after the effective date of this section, the Secretary of State shall appoint two alternate members to each board of elections. One alternate member shall be from the political party that cast the highest number of votes for the office of Governor at the most recent regular state election, and the other shall be from the political party that cast the next highest number of votes for the office of Governor at that election. The alternate members appointed under this division shall serve until the next alternate members are appointed and take office under division (B)(3) of section 3501.06 of the Revised Code, as amended by this act.