Unexpired Terms

GENERALLY

Vacancies may occur in public elective offices due to an officeholder’s death, resignation, removal, or failure to satisfy the legal requirements to take or remain in office. Some vacancies in public elective office will be filled for the remainder of the unexpired term by appointment; others will be filled by appointment only until a successor is elected for the remainder of the term.

The general statutory provisions governing elections for the remainder of unexpired terms (“unexpired term elections”) are set forth in R.C. 3.02(A), which states:

When an elective office becomes vacant and is filled by appointment, such appointee shall hold the office until his 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.

Unexpired term – partisan office. Several statutes govern candidacies for unexpired term elections. R.C. 3513.31 is a general statute that always should be consulted in connection with an unexpired term election for an office that, under Ohio law, is subject to party primaries. R.C. 3513.31(I) provides how and when party nominees are selected for unexpired term elections for such offices, while R.C. 3513.31(J) describes how persons become independent candidates for those unexpired term elections.

Petition must include term-ending date. Ohio law requires each person filing a declaration of candidacy or a nominating petition as a candidate for the unexpired term of any office shall designate the date on which that unexpired term will end. (R.C. 3513.08, 3513.28) Failure to provide the correct term-ending date on the petition will result in the petition being invalidated.