Ohio election law quirk has impact on write-in candidates

The write-in deadline
is two days before the
traditional candidate filing cut-off date.

By DAVID SKOLNICK

VINDICATOR POLITICS WRITER

YOUNGSTOWN — Candidates who run as write-ins typically do so because they failed to get on the ballot the traditional way, no one filed for a particular seat the traditional way, or they don’t like who’s running for a position so they seek the job.

But every four years since 1996, write-ins in Ohio partisan primaries don’t know who filed or didn’t file for offices before they declare their candidacy and don’t get a second chance to run if they’re disqualified as a traditional candidate.

That’s because in presidential primary years since 1996, the deadline to file as write-ins is two days before the final day candidates can submit nominating petitions to get their names on the primary ballot.

For example, the deadline to get your name on the ballot for the March primary is next Friday, and the write-in deadline is Wednesday, two days earlier.

“It’s an interesting provision in the law,” said Jeff Ortega, an Ohio Secretary of State office spokesman. “It’s the way the law reads.”

In other election years, write-ins have 13 days after the traditional filing deadline to declare their candidacy. During those years, regular candidates have to file 75 days before the primary.

While only a small amount of candidates file as write-ins each year, and even fewer win, no one has filed as a write-in in Mahoning, Trumbull and Columbiana counties in presidential primary years since the law took effect in 1996, according to Vindicator files.

That’s not a coincidence, Mahoning County elections officials say.

“It should be fixed,” said Mark Munroe, the county board of elections’ vice chairman. “This is one of the quirks in the election law that needs to be fixed by the state Legislature.”

Thomas McCabe, the elections board director, said that unless the Legislature — which hasn’t acted on the issue since it was passed in 1993 — does something, this “quirk” won’t change.

The state Legislature approved a law in 1993 that took effect three years later to move the presidential year primaries to the third Tuesday in March instead of the first Tuesday after the first Monday in May.

That law also required candidates filing to run for those seats to submit nominating petitions to their county board of elections no later than 60 days before the primary to get on the ballot. Candidates have no later than 75 days before the primary during the other years.

The law didn’t change the deadline for write-in candidates. Those candidates must fill out simple paperwork no later than 62 days before a primary to be considered write-ins.

Also, a change to the primary law in 1999, effective with the 2000 primary to make the presidential primary date be the first Tuesday after the first Monday in March, didn’t change the deadlines to file as a traditional or a write-in candidate.

skolnick@vindy.com