HB 752

As Introduced
136th General Assembly
   Regular Session  H. B. No. 752
       2025-2026
  Representative Lorenz
  To amend sections 3501.06, 3501.07, 3501.08,  1
  3501.12, and 3501.15 and to enact section  2
  3501.111 of the Revised Code to prohibit a board  3
  of elections member or employee from being a  4
  member of a political party's state central  5
  committee and to create a conflict of interest  6
  procedure for the boards of elections.  7
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That sections 3501.06, 3501.07, 3501.08,  8
3501.12, and 3501.15 be amended and section 3501.111 of the  9
Revised Code be enacted to read as follows:  10
     Sec. 3501.06. (A) (A)(1) There shall be in each county of  11
the state a board of elections consisting of four qualified  12
electors of the county members and two alternate members, who  13
shall be appointed by the secretary of state in accordance with  14
section 3501.07 of the Revised Code, as the secretary's  15
representatives. Each member and alternate member of the board  16
shall be a qualified elector of the county. Members of the board  17
shall serve terms of four years and alternate members of the  18
board shall serve terms of two years.  19
     (2) Alternate members of the board shall serve only as  20
H. B. No. 752  Page 2
As Introduced
required under section 3501.111 of the Revised Code.  21
       (B)(1) On the first day of March in the years 2014 and  22
2016, the secretary of state shall appoint two of such board  23
members for a term of three years. One of those board members  24
shall be from the political party which cast the highest number  25
of votes for the office of governor at the most recent regular  26
state election, and the other shall be from the political party  27
which cast the next highest number of votes for the office of  28
governor at such election.  29
       (2) Beginning in 2017, on the first day of March in odd-  30
numbered years, the secretary of state shall appoint two of such  31
board members for a term of four years. One of those board  32
members shall be from the political party which cast the highest  33
number of votes for the office of governor at the most recent  34
regular state election, and the other shall be from the  35
political party which cast the next highest number of votes for  36
the office of governor at such election. Thereafter, all  37
appointments of board members shall be made on the first day of  38
March in odd-numbered years for a term of four years.  39
       (3) Beginning on the first day of March in an odd-numbered  40
year after this amendment takes effect, and on the first day of  41
March in each odd-numbered year thereafter, the secretary of  42
state shall appoint two alternate members to the board to serve  43
terms of two years. One alternate member shall be from the  44
political party that cast the highest number of votes for the  45
office of governor at the most recent regular state election,  46
and the other shall be from the political party that cast the  47
next highest number of votes for the office of governor at such  48
election.  49
       (C) All vacancies filled for unexpired terms and all  50
H. B. No. 752  Page 3
As Introduced
appointments to new terms shall be made from the political party  51
to which the vacating or outgoing member belonged, unless there  52
is a third political party which cast a greater number of votes  53
in the state at the most recent regular state election for the  54
office of governor than did the party to which the retiring  55
member belonged, in which event the vacancy shall be filled from  56
such third party.  57
       Sec. 3501.07. At a meeting held not more than sixty nor  58
less than fifteen days before the expiration date of the term of  59
office of a member or alternate member of the board of  60
elections, or within fifteen days after a vacancy occurs in the  61
board, the county executive committee of the major political  62
party entitled to the appointment may make and file a  63
recommendation with the secretary of state for the appointment  64
of a qualified elector. The secretary of state shall appoint  65
such elector, unless the secretary of state has reason to  66
believe that the elector would not be a competent member or  67
alternate member of such board, as applicable. In such cases the  68
secretary of state shall so state in writing to the chairperson  69
of such county executive committee, with the reasons therefor,  70
and such committee may either recommend another elector or may  71
apply for a writ of mandamus to the supreme court to compel the  72
secretary of state to appoint the elector so recommended. In  73
such action the burden of proof to show the qualifications of  74
the person so recommended shall be on the committee making the  75
recommendation. If no such recommendation is made, the secretary  76
of state shall make the appointment.  77
       If a vacancy on the board of elections is to be filled by  78
a minor political party, authorized officials of that party may  79
within fifteen days after the vacancy occurs recommend a  80
qualified person to the secretary of state for appointment to  81
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As Introduced
such vacancy.  82
       This section does not apply to the appointment of a  83
temporary alternate member under division (C)(2) of section  84
3501.111 of the Revised Code.  85
       Sec. 3501.08. Before entering upon the duties of histhe  86
office, each member and alternate member of the board of  87
elections shall appear before a person authorized to administer  88
oaths and take and subscribe to an oath that hethe member or  89
alternate member will support the constitutions of the United  90
States and of the state, will perform the duties of the office  91
to the best of histhe member's or alternate member's ability,  92
will enforce the election laws, and will protect and preserve  93
the records and property pertaining to elections. Such oath  94
shall be filed with the clerk of the court of common pleas of  95
the county wherein the officer resides within fifteen days from  96
the date of appointment.  97
       Sec. 3501.111. (A) No member, alternate member, or  98
temporary alternate member of a board of elections shall  99
participate in any hearing, deliberation, or vote on any matter  100
in which the person has a direct personal, financial,  101
professional, or political interest. For purposes of this  102
division, the sole fact that a party to a matter before the  103
board is a member of a particular political party does not in  104
itself constitute a direct political interest on the part of a  105
member, alternate member, or temporary alternate member of the  106
board.  107
       (B) A member, alternate member, or temporary alternate  108
member who has a conflict of interest as described in division  109
(A) of this section first shall file a written disclosure of the  110
conflict of interest with the board of elections and with the  111
H. B. No. 752  Page 5
As Introduced
secretary of state and then shall recuse the person's self from  112
the matter. The disclosure shall be on a form prescribed by the  113
secretary of state and shall describe the nature of the conflict  114
of interest. A disclosure filed under this division is a public  115
record for purposes of section 149.43 of the Revised Code.  116
       (C)(1) When a member is recused under division (B) of this  117
section, the alternate member of the board who is from the same  118
political party as the member shall serve in the recused  119
member's place, solely for the purpose of hearing, deliberating,  120
and voting on the matter in which the member has a conflict of  121
interest. An alternate member shall participate in no other  122
matter before the board.  123
       (2) When an alternate member or temporary alternate member  124
is recused under division (B) of this section, the secretary of  125
state shall appoint a qualified elector of the county to serve  126
as a temporary alternate member in the recused alternate or  127
temporary alternate member's place, solely for the purpose of  128
hearing, deliberating, and voting on the matter in which the  129
alternate or temporary alternate member has a conflict of  130
interest. A temporary alternate member shall participate in no  131
other matter before the board. Before entering upon the  132
temporary alternate member's duties, the temporary alternate  133
member shall take the oath of office under section 3501.08 of  134
the Revised Code. The temporary alternate member's term of  135
office ends at the conclusion of the hearing, deliberation, and  136
vote on the matter in which the alternate member has a conflict  137
of interest.  138
       Sec. 3501.12. (A) (A)(1) The annual compensation of  139
members of the board of elections shall be determined on the  140
basis of the population of the county according to the next  141
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As Introduced
preceding federal census, and shall be paid monthly out of the  142
appropriations made to the board and upon vouchers or payrolls  143
certified by the chairperson, or a member of the board  144
designated by it, and countersigned by the director or in the  145
director's absence by the deputy director. Upon presentation of  146
any such voucher or payroll, the county auditor shall issue a  147
warrant upon the county treasurer for the amount thereof as in  148
the case of vouchers or payrolls for county offices and the  149
treasurer shall pay such warrant.  150
       (2) Alternate members and temporary alternate members of  151
the board of elections shall serve without compensation.  152
       (B) In calendar year 2018, the amount of annual  153
compensation of each member of the board of elections shall be  154
the greater of the following:  155
       (1) The sum of the following:  156
       (a) One hundred two dollars and forty-one cents for each  157
full one thousand of the first one hundred thousand population;  158
       (b) Forty-eight dollars and seventy-nine cents for each  159
full one thousand of the second one hundred thousand population;  160
       (c) Twenty-six dollars and fifty cents for each full one  161
thousand of the third one hundred thousand population;  162
       (d) Eight dollars and thirteen cents for each full one  163
thousand above three hundred thousand population.  164
       (2) Six thousand dollars.  165
       (C) The annual compensation of each member of the board  166
shall be computed after increasing the dollar amounts specified  167
in divisions (B)(1) and (2) of this section as follows:  168
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As Introduced
       (1) In calendar year 2019 and in each calendar year  169
thereafter through calendar year 2025, by one and three-quarters  170
per cent;  171
       (2) In calendar year 2026 and in each calendar year  172
thereafter through calendar year 2029, by five per cent.  173
       (D) For the purposes of this section, members of boards of  174
elections shall be deemed to be appointed and not elected, and  175
therefore not subject to Section 20 of Article II of the Ohio  176
Constitution.  177
       Sec. 3501.15. (A)(1) No person shall serve as a member,  178
alternate member, temporary alternate member, director, deputy  179
director, or employee of the board of elections who is a  180
candidate for any office to be filled at an election, except .  181
       (2) Division (A)(1) of this section does not apply to a  182
candidate for the office of delegate or alternate to a  183
convention, member of the board of directors of a county  184
agricultural society, or presidential elector, or a .  185
       (3) Division (A)(1) of this section applies to a candidate  186
for member of the state central committee of a political party  187
but not to a candidate for member of a any other political party  188
committee. No  189
       (B) No member of the state central committee of a  190
political party shall serve as a member, alternate member,  191
temporary alternate member, director, deputy director, or  192
employee of a board of elections. When a member, alternate  193
member, temporary alternate member, director, deputy director,  194
or employee of a board of elections becomes a member of the  195
state central committee of a political party, the person's  196
office or position with the board of elections is deemed vacant.  197
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As Introduced
       (C) No person who is a candidate for an office or position  198
to be voted for by the electors of a precinct, except for a  199
candidate for county central committee who is not opposed by any  200
other candidate in that election and precinct, shall serve as a  201
precinct election officer in said precinct.  202
       Section 2. That existing sections 3501.06, 3501.07,  203
3501.08, 3501.12, and 3501.15 of the Revised Code are hereby  204
repealed.  205
       Section 3. (A) Not later than fifteen days after the  206
effective date of this section, the county executive committee  207
of each political party that cast the highest or next highest  208
number of votes for the office of Governor at the most recent  209
regular state election may make and file a recommendation with  210
the Secretary of State for the appointment of a qualified  211
elector of the county to serve as an alternate member of the  212
board of elections. The Secretary of State shall appoint that  213
elector under division (B) of this section, unless the Secretary  214
of State has reason to believe that the elector would not be a  215
competent alternate member of the board. In that case, the  216
Secretary of State shall state that fact and the reasons in  217
writing to the chairperson of the county executive committee,  218
and the committee may either recommend another elector or may  219
apply for a writ of mandamus to the Supreme Court to compel the  220
Secretary of State to appoint the recommended elector. The  221
burden of proof to show the qualifications of the recommended  222
elector are on the committee making the recommendation. If no  223
such recommendation is made, the Secretary of State shall make  224
the appointment under division (B) of this section.  225
       (B) Not later than thirty days after the effective date of  226
this section, the Secretary of State shall appoint two alternate  227
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As Introduced
members to each board of elections. One alternate member shall  228
be from the political party that cast the highest number of  229
votes for the office of Governor at the most recent regular  230
state election, and the other shall be from the political party  231
that cast the next highest number of votes for the office of  232
Governor at that election. The alternate members appointed under  233
this division shall serve until the next alternate members are  234
appointed and take office under division (B)(3) of section  235
3501.06 of the Revised Code, as amended by this act.  236