In Ohio, the contest of an election is a court action to challenge the nomination or election of a candidate to a public office or the results of any ballot question or issue on the ballot. “Post-Election Activities” at 345. The election contest procedures apply only to state elections — contests of the nomination or election of a candidate for any federal office are subject to applicable provisions of federal law. Ohio Rev. Code. Ann. § 3515.08(A). An election contest petition can be filed in the appropriate court either by a group of 25 voters or by the defeated candidate. “Post-Election Activities” at 345.
In addition, a person may bring a court action of quo warranto against a person they believe unlawfully holds or exercises a public office. Ohio Rev. Code. Ann. § 2733.01(A).
An election contest is heard and determined by the Chief Justice of the Supreme Court or another justice assigned by the Chief Justice if the subject of the contest is a statewide office or issue, a judicial office higher than the Court of Common Pleas, or an office or issue determined by voters in more than one county. Ohio Rev. Code. Ann. § 3515.08(B). If the office of Chief Justice of the Supreme Court is the subject of the contest, then another justice, designated by the Governor, hears and determines the case. Ohio Rev. Code. Ann. § 3515.08(B).
An election contest is heard and determined by the Court of Appeals of the district in which a county is located for judicial offices within that county. Ohio Rev. Code. Ann. § 3515.08(C). For all other offices and issues, a judge of the Court of Common Pleas of the county in which the contest arises hears and determines election contests. Ohio Rev. Code. Ann. § 3515.08(C).
The Boards of Elections have no jurisdiction or control over election contests. “Post-Election Activities” at 345. Federal elections may not be contested under the provisions of state law. Ohio Rev. Code. Ann. § 3515.08(A). [1]
The results of an election may be contested within 15 days after the results of an election have been announced, or if there is a recount, within 10 days after the results of a recount have been announced. Ohio Rev. Code. Ann. § 3515.09; “Post-Election Activities” at 345.
To contest an election, a petition must be filed either by a group of 25 voters or by the defeated candidate. “Post-Election Activities” at 345; Ohio Rev. Code. Ann. § 3515.09. The group of 25 voters must have voted in the election for or against a candidate for the office being contested or issue being contested. “Post-Election Activities” at 345; Ohio Rev. Code. Ann. § 3515.09.
The petition must be accompanied by a bond in a sum sufficient to cover the costs of the contest, which are determined by the clerk of the appropriate court. “Post-Election Activities” at 345; Ohio Rev. Code. Ann. § 3515.09. If the judgment confirms the results of the election, the party who filed for the contest (“contestor”) is responsible for the costs. Ohio Rev. Code. Ann. § 3515.09. If the judgment sets aside the results of the election, the county pays for the costs of the contest as it would other election costs. Ohio Rev. Code. Ann. § 3515.09.
The appropriate court must schedule a hearing for a contest no fewer than 15 days and no more than 30 days after the petition for the contest is filed. Ohio Rev. Code. Ann. § 3515.010. The court, in the same manner as in civil actions, must serve the person whose right to the nomination or election is being contested (“contestee”) with a copy of the petition. Ohio Rev. Code. Ann. § 3515.10. The contestee may file an answer to the petition within 10 days of service. Ohio Rev. Code. Ann. § 3515.10. Within five days of the filing of an answer, the contestor may reply. Ohio Rev. Code. Ann. § 3515.10.
Contest of election proceedings are, as much as practicable, similar to those of judicial proceedings. Ohio Rev. Code. Ann. § 3515.11. All parties may be represented by counsel. Ohio Rev. Code. Ann. § 3515.10. The proceedings must remain under the control and direction of the court, and the outcome must be determined by a judge without a jury. “Post-Election Activities” at 346; Ohio Rev. Code. Ann. § 3515.11. The hearing must proceed “expeditiously,” and the judge may adjourn the hearing for not more than 30 days after the initial time scheduled. Ohio Rev. Code. Ann. §§ 3515.10, 11.
During the hearing, the court may summon and compel the attendance of witnesses and compel the production of all ballot boxes, marking devices, lists, books, ballots, tally sheets, and other relevant material. Ohio Rev. Code. Ann. § 3515.12. The court may require election officers to respond to questions related to the conduct of the election, counting of ballots, and making of the returns. Ohio Rev. Code. Ann. § 3515.12. The court may also require any witness who voted at the election to answer questions about the voter’s qualifications to cast a ballot. Ohio Rev. Code. Ann. § 3515.12.
If the contest proceeding takes place in the Supreme Court, all testimony must be in the form of depositions. Ohio Rev. Code. Ann. § 3515.16. The contestor must file testimony within 20 days of filing the petition for contest. Ohio Rev. Code. Ann. § 3515.16. The contestee must file testimony within 20 days of the expiration of the contestor’s time. Ohio Rev. Code. Ann. § 3515.16. The Supreme Court’s decision in the matter is decisive, and the decision may include judgment of ouster or induction. Ohio Rev. Code. Ann. § 3515.16.