Ohio Revised Code|Section 3513.052 | Candidacy for more than one office at a time prohibited.

                                                
(A) No person shall seek nomination or  election to any of the following offices or positions at the same  election by filing a declaration of candidacy and petition, a  declaration of intent to be a write-in candidate, or a nominating  petition, or by becoming a candidate through party nomination in a  primary election, or by the filling of a vacancy under section  3513.30 or 3513.31 of the Revised Code: 
(1) Two or more state offices;
(2) Two or more county offices;
(3) A state office and a county office;
(4) A federal office and a state or county office;
(5) Any combination of two or more municipal or township  offices, positions as a member of a city, local, or exempted  village board of education, or positions as a member of a  governing board of an educational service center.
(B) The secretary of state or a board of elections shall not  accept for filing a declaration of candidacy and petition, a  declaration of intent to be a write-in candidate, or a nominating  petition of a person seeking to become a candidate if that person,  for the same election, has already filed a declaration of  candidacy, a declaration of intent to be a write-in candidate, or  a nominating petition, or has become a candidate through party  nomination at a primary election or by the filling of a vacancy  under section 3513.30 or 3513.31 of the Revised Code for:
(1) Any federal, state, or county office, if the declaration  of candidacy, declaration of intent to be a write-in candidate, or  nominating petition is for a state or county office;
(2) Any municipal or township office, or for member of a  city, local, or exempted village board of education, or for member  of a governing board of an educational service center, if the  declaration of candidacy, declaration of intent to be a write-in  candidate, or nominating petition is for a municipal or township  office, or for member of a city, local, or exempted village board  of education, or for member of a governing board of an educational  service center.
(C)(1) If the secretary of state determines, before the day  of the primary election, that a person is seeking nomination to  more than one office at that election in violation of division (A)  of this section, the secretary of state shall do one of the  following:
(a) If each office or the district for each office for which  the person is seeking nomination is wholly within a single county  and none of those offices is a federal office, the secretary of  state shall notify the board of elections of that county. The  board then shall determine the date on which the person first  sought to become a candidate for each of those offices by filing a  declaration of candidacy or a declaration of intent to be a  write-in candidate or by the filling of a vacancy under section  3513.30 of the Revised Code. The board shall vote promptly to  disqualify that person as a candidate for each office for which  the person sought to become a candidate after the date on which  the person first sought to become a candidate for any of those  offices. If the board determines that the person sought to become  a candidate for more than one of those offices on the same date,  the board shall vote promptly to disqualify that person as a  candidate for each office that would be listed on the ballot below  the highest office for which that person seeks nomination,  according to the ballot order prescribed under section 3505.03 of  the Revised Code.
(b) If one or more of the offices for which the person is  seeking nomination is a state office or an office with a district  larger than a single county and none of the offices for which the  person is seeking nomination is a federal office, the secretary of  state shall determine the date on which the person first sought to  become a candidate for each of those offices by filing a  declaration of candidacy or a declaration of intent to be a  write-in candidate or by the filling of a vacancy under section  3513.30 of the Revised Code. The secretary of state shall order  the board of elections of each county in which the person is  seeking to appear on the ballot to disqualify that person as a  candidate for each office for which the person sought to become a  candidate after the date on which the person first sought to  become a candidate for any of those offices. If the secretary of  state determines that the person sought to become a candidate for  more than one of those offices on the same date, the secretary of  state shall order the board of elections of each county in which  the person is seeking to appear on the ballot to disqualify that  person as a candidate for each office that would be listed on the  ballot below the highest office for which that person seeks  nomination, according to the ballot order prescribed under section  3505.03 of the Revised Code. Each board of elections so notified  shall vote promptly to disqualify the person as a candidate in  accordance with the order of the secretary of state.
(c) If each office or the district for each office for which  the person is seeking nomination is wholly within a single county  and any of those offices is a federal office, the secretary of  state shall notify the board of elections of that county. The  board then shall vote promptly to disqualify that person as a  candidate for each office that is not a federal office.
(d) If one or more of the offices for which the person is  seeking nomination is a state office and any of the offices for  which the person is seeking nomination is a federal office, the  secretary of state shall order the board of elections of each  county in which the person is seeking to appear on the ballot to  disqualify that person as a candidate for each office that is not  a federal office. Each board of elections so notified shall vote  promptly to disqualify the person as a candidate in accordance  with the order of the secretary of state.
(2) If a board of elections determines, before the day of the  primary election, that a person is seeking nomination to more than  one office at that election in violation of division (A) of this  section, the board shall do one of the following:
(a) If each office or the district for each office for which  the person is seeking nomination is wholly within that county and  none of those offices is a federal office, the board shall  determine the date on which the person first sought to become a  candidate for each of those offices by filing a declaration of  candidacy or a declaration of intent to be a write-in candidate or  by the filling of a vacancy under section 3513.30 of the Revised  Code. The board shall vote promptly to disqualify that person as a  candidate for each office for which the person sought to become a  candidate after the date on which the person first sought to  become a candidate for any of those offices. If the board  determines that the person sought to become a candidate for more  than one of those offices on the same date, the board shall vote  promptly to disqualify that person as a candidate for each office  that would be listed on the ballot below the highest office for  which that person seeks nomination, according to the ballot order  prescribed under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is  seeking nomination is a state office or an office with a district  larger than a single county and none of the offices for which the  person is seeking nomination is a federal office, the board shall  notify the secretary of state. The secretary of state then shall  determine the date on which the person first sought to become a  candidate for each of those offices by filing a declaration of  candidacy or a declaration of intent to be a write-in candidate or  by the filling of a vacancy under section 3513.30 of the Revised  Code. The secretary of state shall order the board of elections of  each county in which the person is seeking to appear on the ballot  to disqualify that person as a candidate for each office for which  the person sought to become a candidate after the date on which  the person first sought to become a candidate for any of those  offices. If the secretary of state determines that the person  sought to become a candidate for more than one of those offices on  the same date, the secretary of state shall order the board of  elections of each county in which the person is seeking to appear  on the ballot to disqualify that person as a candidate for each  office that would be listed on the ballot below the highest office  for which that person seeks nomination, according to the ballot  order prescribed under section 3505.03 of the Revised Code. Each  board of elections so notified shall vote promptly to disqualify  the person as a candidate in accordance with the order of the  secretary of state.
(c) If each office or the district for each office for which  the person is seeking nomination is wholly within a single county  and any of those offices is a federal office, the board shall vote  promptly to disqualify that person as a candidate for each office  that is not a federal office.
(d) If one or more of the offices for which the person is  seeking nomination is a state office and any of the offices for  which the person is seeking nomination is a federal office, the  board shall notify the secretary of state. The secretary of state  then shall order the board of elections of each county in which  the person is seeking to appear on the ballot to disqualify that  person as a candidate for each office that is not a federal  office. Each board of elections so notified shall vote promptly to  disqualify the person as a candidate in accordance with the order  of the secretary of state.
(D)(1) If the secretary of state determines, after the day of  the primary election and before the day of the general election,  that a person is seeking election to more than one office at that  election in violation of division (A) of this section, the  secretary of state shall do one of the following:
(a) If each office or the district for each office for which  the person is seeking election is wholly within a single county  and none of those offices is a federal office, the secretary of  state shall notify the board of elections of that county. The  board then shall determine the offices for which the person seeks  to appear as a candidate on the ballot. The board shall vote  promptly to disqualify that person as a candidate for each office  that would be listed on the ballot below the highest office for  which that person seeks election, according to the ballot order  prescribed under section 3505.03 of the Revised Code. If the  person sought nomination at a primary election and has not yet  been issued a certificate of nomination, the board shall not issue  that certificate for that person for any office that would be  listed on the ballot below the highest office for which that  person seeks election, according to the ballot order prescribed  under section 3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is  seeking election is a state office or an office with a district  larger than a single county and none of the offices for which the  person is seeking election is a federal office, the secretary of  state shall promptly investigate and determine the offices for  which the person seeks to appear as a candidate on the ballot. The  secretary of state shall order the board of elections of each  county in which the person is seeking to appear on the ballot to  disqualify that person as a candidate for each office that would  be listed on the ballot below the highest office for which that  person seeks election, according to the ballot order prescribed  under section 3505.03 of the Revised Code. Each board of elections  so notified shall vote promptly to disqualify the person as a  candidate in accordance with the order of the secretary of state.  If the person sought nomination at a primary election and has not  yet been issued a certificate of nomination, the board shall not  issue that certificate for that person for any office that would  be listed on the ballot below the highest office for which that  person seeks election, according to the ballot order prescribed  under section 3505.03 of the Revised Code.
(c) If each office or the district for each office for which  the person is seeking election is wholly within a single county  and any of those offices is a federal office, the secretary of  state shall notify the board of elections of that county. The  board then shall vote promptly to disqualify that person as a  candidate for each office that is not a federal office. If the  person sought nomination at a primary election and has not yet  been issued a certificate of nomination, the board shall not issue  that certificate for that person for any office that is not a  federal office.
(d) If one or more of the offices for which the person is  seeking election is a state office and any of the offices for  which the person is seeking election is a federal office, the  secretary of state shall order the board of elections of each  county in which the person is seeking to appear on the ballot to  disqualify that person as a candidate for each office that is not  a federal office. Each board of elections so notified shall vote  promptly to disqualify the person as a candidate in accordance  with the order of the secretary of state. If the person sought  nomination at a primary election and has not yet been issued a  certificate of nomination, the board shall not issue that  certificate for that person for any office that is not a federal  office.
(2) If a board of elections determines, after the day of the  primary election and before the day of the general election, that  a person is seeking election to more than one office at that  election in violation of division (A) of this section, the board  of elections shall do one of the following:
(a) If each office or the district for each office for which  the person is seeking election is wholly within that county and  none of those offices is a federal office, the board shall  determine the offices for which the person seeks to appear as a  candidate on the ballot. The board shall vote promptly to  disqualify that person as a candidate for each office that would  be listed on the ballot below the highest office for which that  person seeks election, according to the ballot order prescribed  under section 3505.03 of the Revised Code. If the person sought  nomination at a primary election and has not yet been issued a  certificate of nomination, the board shall not issue that  certificate for that person for any office that would be listed on  the ballot below the highest office for which that person seeks  election, according to the ballot order prescribed under section  3505.03 of the Revised Code.
(b) If one or more of the offices for which the person is  seeking election is a state office or an office with a district  larger than a single county and none of the offices for which the  person is seeking election is a federal office, the board shall  notify the secretary of state. The secretary of state promptly  shall investigate and determine the offices for which the person  seeks to appear as a candidate on the ballot. The secretary of  state shall order the board of elections of each county in which  the person is seeking to appear on the ballot to disqualify that  person as a candidate for each office that would be listed on the  ballot below the highest office for which that person seeks  election, according to the ballot order prescribed under section  3505.03 of the Revised Code. Each board of elections so notified  shall vote promptly to disqualify the person as a candidate in  accordance with the order of the secretary of state. If the person  sought nomination at a primary election and has not yet been  issued a certificate of nomination, the board shall not issue that  certificate for that person for any office that would be listed on  the ballot below the highest office for which that person seeks  election, according to the ballot order prescribed under section  3505.03 of the Revised Code.
(c) If each office or the district for each office for which  the person is seeking election is wholly within that county and  any of those offices is a federal office, the board shall vote  promptly to disqualify that person as a candidate for each office  that is not a federal office. If the person sought nomination at a  primary election and has not yet been issued a certificate of  nomination, the board shall not issue that certificate for that  person for any office that is not a federal office.
(d) If one or more of the offices for which the person is  seeking election is a state office and any of the offices for  which the person is seeking election is a federal office, the  board shall notify the secretary of state. The secretary of state  shall order the board of elections of each county in which the  person is seeking to appear on the ballot to disqualify that  person as a candidate for each office that is not a federal  office. Each board of elections so notified shall vote promptly to  disqualify the person as a candidate in accordance with the order  of the secretary of state. If the person sought nomination at a  primary election and has not yet been issued a certificate of  nomination, the board shall not issue that certificate for that  person for any office that is not a federal office.
(E) When a person is disqualified as a candidate under  division (C) or (D) of this section, on or before the seventieth  day before the day of the applicable election, the board of  elections shall remove the person's name from the ballot for any  office for which that person has been disqualified as a candidate  according to the directions of the secretary of state. When a  person is disqualified as a candidate under division (C) or (D) of  this section after the seventieth day before the day of the  applicable election, the board of elections shall not remove the  person's name from the ballot for any office for which that person  has been disqualified as a candidate. The board of elections shall  post a notice at each polling location on the day of the  applicable election, and shall enclose with each absent voter's  ballot given or mailed after the candidate is disqualified, a  notice that votes for the person for the office for which the  person has been disqualified as a candidate will be void and will  not be counted. If the name is not removed from the ballots before  the day of the election, the votes for the disqualified candidate  are void and shall not be counted.
(F) Any vacancy created by the disqualification of a person  as a candidate under division (C) or (D) of this section may be  filled in the manner provided for in sections 3513.30 and 3513.31  of the Revised Code.
(G) Nothing in this section or section 3513.04, 3513.041,  3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,  3513.259, or 3513.261 of the Revised Code prohibits, and the  secretary of state or a board of elections shall not disqualify, a  person from being a candidate for an office, if that person timely  withdraws as a candidate for any offices specified in division (A)  of this section for which that person first sought to become a  candidate by filing a declaration of candidacy and petition, a  declaration of intent to be a write-in candidate, or a nominating  petition, by party nomination in a primary election, or by the  filling of a vacancy under section 3513.30 or 3513.31 of the  Revised Code.
(H) As used in this section:
(1) "State office" means the offices of governor, lieutenant  governor, secretary of state, auditor of state, treasurer of  state, attorney general, member of the state board of education,  member of the general assembly, chief justice of the supreme  court, and justice of the supreme court.
(2) "Timely withdraws" means either of the following:
(a) Withdrawing as a candidate before the applicable deadline  for filing a declaration of candidacy, declaration of intent to be  a write-in candidate, or nominating petition for the subsequent  office for which the person is seeking to become a candidate at  the same election;
(b) Withdrawing as a candidate before the applicable deadline  for the filling of a vacancy under section 3513.30 or 3513.31 of  the Revised Code, if the person is seeking to become a candidate  for a subsequent office at the same election under either of those  sections.