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Bill

SB 382

Implement a top-two primary election system

136th Legislature (2025-2026) Introduced by Bill Blessing

Establish a top-two primary system for most Ohio offices, where all candidates appear on a single primary ballot and the top two advance to the general election.

Referred to committee
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Bill Summary · SB 382

Overview

  • bill: SB 382
  • Session: 136 (2025-2026)
  • Jurisdiction: Ohio
  • Purpose: Implement a top-two primary election system for elective offices at congressional, state, district, county, and municipal levels; amend numerous election-related provisions and repeal certain sections to align with the top-two framework.

Main purpose and intent

  • Establish a top-two primary system in which, for many offices, candidates from all parties appear on a single primary ballot, and the top two vote-getters advance to the general election, regardless of party affiliation.
  • Apply the top-two mechanism to congressional, state, district, county, and municipal offices as described in the bill.
  • Reorganize and modify how ballots, primaries, ballot designations, and candidate qualification are handled under the new system.
  • Repeal specific prior provisions (3513.28, 3513.301, 3513.312) and amend a broad set of election definitions and procedures to accommodate the top-two design.

Key provisions and changes

  • Definitions and scope (Sec. 3501.01, 3501.06, 3505.03, 3505.04, 3509.03, 3509.04, 3511.02, 3511.05, 3513.01, 3513.02, 3513.04, 3513.05, 3513.052, 3513.07, 3513.13, 3513.14, 3513.19, 3513.20, 3513.22, 3513.23, 3513.257, 3513.261, 3513.262, 3513.30, 3513.31, 3513.311, 3517.01, 3517.012, 3517.03): Substantive renaming and redefinition to support top-two while maintaining existing categories such as major/minor parties, nonpartisan offices, and voter-nominated offices.
  • Ballot design and printing (Sec. 3505.03, 3505.04):
    • Ballots would display candidates for offices under the top-two framework.
    • Party designation rules and ballot face formatting adjusted to reflect top-two mechanics and to rotate candidate order to reduce ballot effects.
    • Retention of designations such as party preference for voters-nominated or partisan candidates, with specific typography rules.
  • Primary election mechanics (Sec. 3513.01, 3513.02, 3513.04, 3513.05, 3513.052):
    • Primary process redefined to support top-two: all candidates for a given office may appear on one primary ballot, with a mechanism to determine advancement to the general election based on vote totals (top-two advance when more than one to be elected; otherwise top-two for single-seat offices).
    • Provisions for joint governor/ lieutenant governor candidacies and related filing rules.
    • Prohibition on certain paths to nomination (e.g., certain transitions between petition, declaration, or party nomination under the new system).
  • Ballot access and petitions (Sec. 3513.04, 3513.05, 3513.052):
    • Petition signature requirements, deadlines, and protest processes adjusted to accommodate top-two primary logic.
    • Provisions regarding petitions, candidacy declarations, and verification processes, with implications for multi-office filings and cross-office restrictions.
  • Protests and certification (Sec. 3513.01, 3513.04, 3513.05, 3513.052):
    • Protests against candidacy remain, with timelines for hearings and final determinations preserved or adapted to the top-two regime.
    • State and district-level ballot certification timelines adjusted to align with the top-two framework.
  • Absentee and uniformed services/voter rights (Secs. 3509.03, 3509.04, 3511.02, 3511.05):
    • Procedures for absent voter's ballots continue, with updated forms and envelope requirements to reflect top-two primary logistics and any new ballot formats.
    • Protection and administration of uniformed services/overseas ballots, including identification envelopes, return envelopes, and voting instructions.
  • Board of elections structure (Sec. 3501.06):
    • Board of elections composition and appointment processes retained, with potential adjustments to align with the top-two system and party dynamics.
  • Funding and training (Sec. 111.27):
    • Establishment and use of the Board of Elections Fund for advancements, training, and education, subject to recoupment for reimbursements related to the new system.

Who would be affected

  • Electors: Voters would participate in top-two primaries for many offices; ballot access and ballot design changes may affect how they vote and how party preferences are displayed.
  • Candidates: Individuals seeking nomination or election would navigate new filing, petition, and declaration requirements under the top-two regime.
  • Political parties: Major and minor party definitions remain, but the nomination process and ballot design changes would affect how party-affiliated candidates appear on ballots.
  • Local and state election officials: Boards of elections and the secretary of state would implement new primary procedures, ballot printing, and certification timelines; absentee/overseas voting processes would be updated to reflect the new system.
  • Voters seeking nonpartisan or special offices: Nonpartisan offices appear on the same ballots with top-two provisions, but nomination methods for these offices are preserved with adjustments.

Procedural and timeline aspects

  • Repeals: Sections 3513.28, 3513.301, and 3513.312 are repealed to remove existing provisions incompatible with top-two.
  • Amendments: A broad set of election-related sections are amended to implement top-two mechanics, ballot design standards, and candidacy pathways.
  • Implementation timeline: The introduced text sets the framework but does not specify exact implementation dates; it requires statutory adoption through the General Assembly and potential transitions for boards of elections and the secretary of state.
  • Ballot certification: The secretary of state and county boards certify ballot contents and the order of offices well in advance of primary elections, with specified timelines for notifications and protest handling.

Note: This summary reflects the introduced text’s structure and intent. If enacted, further details would emerge through committee refinements, enacted language, and any sunset or transition provisions.

Compiled from official sources — confirm details with the bill’s official record.

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