See facts as set forth below and accomplish Justice for Aggrieved Ohio Citizen Wilson-Charles: Haugh Jr.

The question becomes shall the Office be considered vacant under the statute by reason of the office holder not having acquired required bond, bonding/insurance?

If the office shall be considered vacant, then the vacancy must be declared and (the office) shall be filled as provided by law.

§ 309.03. Bond of prosecuting attorney – oath

Except as otherwise provided in section 3.061 of the Revised Code, before entering upon the discharge of the official duties of the prosecuting attorney, the prosecuting attorney shall give a bond, signed by a bonding or surety company approved by the court of common pleas or the probate court and authorized to do business in this state, or, at the prosecuting attorney’s option, signed by two or more freeholders having real estate in the value of double the amount of the bond over and above all encumbrances to the state. Such bond shall be in a sum not less than one thousand dollars, to be fixed by the court of common pleas or the probate court and conditioned that such prosecuting attorney will faithfully discharge all the duties enjoined upon the prosecuting attorney by law, and pay over all moneys received in the prosecuting attorney’s official capacity. The expense or premium for such bond shall be paid by the board of county commissioners, and shall be charged to the general fund of the county. Such bond, with the approval of such court and the oath of office required by sections 3.22 and 3.23 of the Revised Code indorsed thereon, shall be deposited with the county treasurer.

Cite as R.C. § 309.03

History. Amended by 132nd General Assembly File No. TBD, HB 291, §1, eff. 3/20/2019.

Effective Date: 10-01-1953.

3.30 Failure to give bond of office of file oath of office.

Except as otherwise provided in section 3.061 of the Revised Code, a person elected or appointed to an office who is required by law to give a bond or security previous to the performance of the duties imposed on the person by the person’s office, who refuses or neglects to give such bond or furnish such security within the time and in the manner prescribed by law, and in all respects to qualify self for the performance of such duties, is deemed to have refused to accept the office to which the person was elected or appointed. Such office shall be considered vacant and shall be filled as provided by law.

A person subject to a policy adopted under section 3.061 of the Revised Code, is deemed to have refused to accept the office or employment when the person fails to take, certify, and file the oath of office as required by law or fails to document proof of insurance coverage as provided in division (B) of section 3.061 of the Revised Code and the office shall be considered vacant and shall be filled as provided by law.