Overview

Each of Ohio’s 88 counties has a Board of Elections. Ohio Rev. Code. Ann. § 3501.06(A); “Board Operations” at 8. Boards of Elections are responsible for the “fair, orderly and efficient” administration of elections. “Board Operations” at 32. In this role, Boards of Elections have numerous responsibilities prior to the election, on Election Day, and after the election, including maintaining voter registration records, issuing guidance to election officers and voters, providing voter machines and other supplies, and establishing precincts. “Board Operations” at 32–33.

Most notably for the purposes of this report, Boards of Elections receive election returns, canvass the returns, report results, and issue certificates of election. Ohio Rev. Code. Ann. §§ 3501.11(L), (M); “Board Operations” at 33. Boards of Elections are also tasked with investigating irregularities, nonperformance of duties, and violations of election law by election officers and other individuals. Ohio Rev. Code. Ann. § 3501.11(J); “Board Operations” at 33. In the course of an investigation, the Board of Elections may issue subpoenas, summon witnesses, and compel the production of evidence. Ohio Rev. Code. Ann. § 3501.11(J); “Board Operations” at 33. **The Board of Elections reports the facts of the investigation to the Secretary of State or the prosecuting attorney. Ohio Rev. Code. Ann. § 3501.11(J); “Board Operations” at 33.

Each Board of Elections consists of four members, two from each major political party. “Board Operations” at 8. The Secretary of State appoints Board of Elections members every two years to serve staggered terms of four years. Ohio Rev. Code. Ann. § 3501.06(A); “Board Operations” at 8. **Each Board of Elections appoints a Director, who is responsible for day-to-day operations of the Board. Ohio Rev. Code. Ann. § 3501.09; “Board Operations” at 8. **The Director is selected by the votes of at least three of the Board of Elections members. Ohio Rev. Code. Ann. § 3501.09. If after five ballots at least three members have not agreed, then the Board of Elections certifies the matter to the Secretary of State, who designates a Director. Ohio Rev. Code. Ann. § 3501.09. The Director serves a two-year term and serves at the pleasure of the Board of Elections. “Board Operations” at 8.

If there is a tie vote or a disagreement that can not be resolved among the members of a Board of Elections, the Director must submit the controversy to the Secretary of State no later than 14 days after the controversy arises. Ohio Rev. Code. Ann. § 3501.11(X). The Secretary of State summarily decides the matter, and the Secretary of State’s decision is final. Ohio Rev. Code. Ann. § 3501.11(X).

Election-Related Duties

The key duties of the Boards of Elections are:

1. Carrying out state and federal election law as directed by the Secretary of State. Ohio Rev. Code. Ann. § 3501.11; “Board Operations” at 8.
2. Administering elections in each county. Ohio Rev. Code. Ann. § 3501.11; “Board Operations” at 32.
3. Receiving election returns, canvassing returns, and reporting results. Ohio Rev. Code. Ann. § 3501.11(L), (M); “Board Operations” at 33.
4. Issuing certificates of election. Ohio Rev. Code. Ann. § 3501.11; “Board Operations” at 33.
5. Investigating irregularities, nonperformance of duties, and violations of election law by election officers and other individuals. Ohio Rev. Code. Ann. § 3501.11(J); “Board Operations” at 33.
6. Reporting the facts of an investigation to the Secretary of State or the prosecuting attorney. Ohio Rev. Code. Ann. § 3501.11(J); “Board Operations” at 33.

Selection and Vacancy Information

• Appointed:**
  • Board of Elections members are appointed by the Secretary of State. Ohio Rev. Code. Ann. § 3501.06(A).
  • Appointments are made on March 1 in odd-numbered years, when the Secretary of State makes two appointments to each Board of Elections, one from the political party which cast the highest number of votes for the office of Governor in the most recent election, and one from the political party which cast the next highest number of votes for Governor. Ohio Rev. Code. Ann. § 3501.06(B)(2)
  • The county executive committee of the political party entitled to the appointment may make a recommendation to the Secretary of State for the appointment. Ohio Rev. Code. Ann. § 3501.07. The Secretary of State must appoint the recommended person, unless the Secretary of State has reason to believe the person would not be a “competent member.” Ohio Rev. Code. Ann. § 3501.07.
  • Each Board of Elections appoints a Director. “Board Operations” at 8.
• Term of Office: Board of Elections members serve terms of four years. Ohio Rev. Code. Ann. § 3501.06(B)(2). The Director serves a two-year term and serves at the pleasure of the Board of Elections. “Board Operations” at 8.
• Qualifications: Board of Elections members must be qualified electors of the county. Ohio Rev. Code. Ann. § 3501.06(A). To be a qualified elector in Ohio, a person must be a citizen of the U.S., at least 18 years old, a resident of the state for 30 days immediately preceding the election, a resident of the county and precinct at which the person would like to vote, and registered to vote for 30 days. Ohio Rev. Code. Ann. § 3503.01. The Director of the Board of Elections must also be a qualified elector. “Board Operations” at 12.
• Vacancy: Vacancies are filled by appointment by the Secretary of State. “Board Operations” **at 10. Within 15 days after the vacancy occurs, the political party entitled to the seat may make a recommendation to the Secretary of State to fill the vacancy. “Board Operations” at 10.
• Training: Each member and employee of a Board of Elections must complete a training program established by the Secretary of State on election rules, procedures, and law. “Board Operations” at 19. The training must be completed within six months after appointment or employment, and then every four years or more often as determined by the Secretary of State. “Board Operations” at 19.