Fight for Our Right
Hello friends. You are invited to participate in this opportunity to take direct action in support of a cause. This is a unique experience – please carefully consider the issues and help us protect our right to have a say in presidential nominations.
In Ohio, it is legal for seventeen-year-olds to cast ballots in primary elections, provided they will be eighteen on the day of the next general election. This entitlement is stated in the Ohio Revised Code as section 3503.011, titled “Qualifications of electors for primary elections”:
At a primary election every qualified elector who is or will be on the day of the next general election eighteen or more years of age, and who is a member of or is affiliated with the political party whose primary election ballot he desires to vote, shall be entitled to vote such ballot at the primary election. (ORC 3503.011)This law, enacted in 1981, has led young Ohioans to believe that they were entitled to a full ballot at all primary elections as long as they are eighteen on the date of the next general election. Unfortunately and disappointingly, this has not been the case.
Ohio Secretary of State Jon Husted issued a directive this past weekend stating that seventeen-year olds may not vote in Ohio presidential primary elections.
As stated above, ORC 3503.011 qualifies a 17-year-old who will be 18 on the day of the general election as an elector for the purposes of a primary election. All other elections are covered by Section 1 of Article V of the Ohio Constitution, which states:
Every citizen of the United States, of the age of eighteen years, who has been a resident of the state, county, township, or ward, such time as may be provided by law, and has been registered to vote for thirty days, has the qualifications of an elector, and is entitled to vote at all elections.Clearly, the Ohio Constitution states that only citizens above 18 have the qualifications of an elector. However, ORC 3503.011 differentiates the qualifications for an elector at a “primary election” and the qualifications for an elector at all other elections.
The 1908 Ohio Supreme Court case State ex rel. Webber v. Felton defines a “primary election” as an election “held merely to name the candidates of a political party.” In other words, a primary election is one that directly nominates a candidate to appear on the general election ballot; on the other hand, an election that directly elects an individual into office is not considered a primary election.
Under this definition and ORC 3503.011, Secretary Husted directs in the Ohio Election Official Manual that seventeen-year-olds may only vote on the nomination of candidates. Under section 3513.12 of the Ohio Revised Code, titled “Delegates to national party convention,” presidential primary elections do not nominate candidates; instead, they elect delegates, who will travel to a party’s national convention to nominate presidential candidates for us.
This policy has been in place for years by past Ohio Secretaries of State—Democrats and Republicans alike. A 2008 directive by then-Secretary of State Jennifer Brunner also stated that seventeen-year-olds may only vote on the nomination of candidates. While her directive did not specifically address whether presidential primaries were beyond the remit of 17-year-old voters, former elections officials have confirmed that former Secretary Brunner’s policies are exactly the same as Secretary Husted’s.
The spirit of ORC 3503.011 is unambiguous. Seventeen-year-olds are entitled to have a say in the political nominating process just as much as an eighteen-year-old. The ultimate purpose of the presidential primary election is to nominate a candidate to appear on the general election ballot. If seventeen-year-olds can nominate candidates for state senators and governors, what reason is there—beyond technicality—to block them from nominating presidents?
Please join us this Friday outside Secretary Husted's office, as we demonstrate that young voters are NOT apathetic, that we do care about our community, that we are valuable contributors to our democratic society. Even if you aren't 17, you can help ensure that future 17-year-olds get the opportunities they deserve.