Overview
The Attorney General is Ohio’s chief law officer and represents the state in most legal actions. Ohio Rev. Code. Ann. § 109.02. In addition, the Attorney General, upon request, provides legal advice to state officers, boards, commissions, and other state representatives in matters related to their official duties. Ohio Rev. Code. Ann. § 109.12.
The Attorney General initiates criminal proceedings for election fraud, which could involve voting, an initiative or referendum petition process, or the conduct of an election. Ohio Rev. Code. Ann. § 109.95. The Attorney General first presents evidence of election fraud to the prosecuting attorney of the county in which the violations occurred. Ohio Rev. Code. Ann. § 109.95. If the prosecuting attorney does not prosecute the violations within a reasonable time, the Attorney General may proceed with the prosecution. Ohio Rev. Code. Ann. § 109.95. The Attorney General also may prosecute a proceeding in quo warranto. Ohio Rev. Code. Ann. § 109.10.
The Attorney General is elected for a four-year term and is limited to two successive terms. Ohio Rev. Code. Ann. § 109.01; Oh. Const. art. III, § 2. The current Attorney General is David Yost, a Republican, who took office on January 14, 2019. The next election for Attorney General in Ohio will be held in 2026.
Election-Related Duties
The key duties of the Attorney General are:
- Providing legal advice to state officers, boards, commissions, and other state representatives in matters related to their official duties. Ohio Rev. Code. Ann. § 109.12.
- Initiating criminal proceedings for election fraud and referring the matters to the prosecuting attorney in the appropriate county. Ohio Rev. Code. Ann. § 109.95.
- Prosecuting election fraud cases. Ohio Rev. Code. Ann. § 109.95.
- Prosecuting proceedings in quo warranto. Ohio Rev. Code. Ann. § 109.10.
Selection and Vacancy Information
- Elected: The Attorney General is elected every four years. Ohio Rev. Code. Ann. § 109.01; Oh. Const. art. III, §§ 1, 2.
- Tiebreaking:** In the case of a tie, the Secretary of State resolves the tie by lot. Ohio Rev. Code. Ann. § 3505.35.
- Term of Office: The Attorney General’s term of office is four years. Ohio Rev. Code. Ann. § 109.01; Oh. Const. art. III, § 2. The Attorney General is limited to two successive terms of four years. Oh. Const. art. III, § 2. Terms are considered successive unless separated by more than four years. Oh. Const. art. III, § 2.
- Next Election: The next general election for Attorney General will be held on Tuesday, November 3, 2026.
- Qualifications: To be eligible for the office of Attorney General, a person must possess the “qualifications of an elector.” Oh. Const. art. XV, § 4. In Ohio, to be a qualified elector a person must be a citizen of the U.S., at least 18 years of age, and a resident of the state (and relevant locality within the state). Oh. Const. art. V, § 1.
- Vacancy: **Vacancies in the office of Attorney General are filled by the Governor until a successor is elected. Oh. Const. art. III, § 18. A successor must be elected for the unexpired term of office at the first general election in an even numbered year that occurs more than 40 days after the vacancy occurs (unless that election occurs within one year of the end of the unexpired term). Oh. Const. art. III, § 18.