As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 116 5
1997-1998 6
SENATORS GARDNER-BLESSING-CUPP-DIX-FINAN-LATTA- 8
SUHADOLNIK-WHITE-ZALESKI 9
10
A B I L L
To amend sections 3599.02, 3599.11, 3599.12, 12
3599.14, 3599.17, 3599.18, 3599.19, 3599.20, 13
2599.21, 3599.22, 3599.23, 3599.25, 3599.31,
3599.32, 3599.35, 3599.36, 3599.37, 3599.38, 14
3599.39, and 3599.40 and to repeal section
3599.30 of the Revised Code to change certain 16
penalties in the Elections Law and to make other 17
changes in that Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 19
Section 1. That sections 3599.02, 3599.11, 3599.12, 21
3599.14, 3599.17, 3599.18, 3599.19, 3599.20, 3599.21, 3599.22, 22
3599.23, 3599.25, 3599.31, 3599.32, 3599.35, 3599.36, 3599.37, 24
3599.38, 3599.39, and 3599.40 of the Revised Code be amended to 25
read as follows: 26
Sec. 3599.02. No person shall before, during, or after any 35
primary, GENERAL, OR SPECIAL ELECTION OR convention, or election 36
solicit, request, demand, receive, or contract for any money, 38
gift, loan, property, influence, position, employment, or other
thing of value for himself THAT PERSON or FOR another PERSON FOR 40
DOING ANY OF THE FOLLOWING:
(A) For registering REGISTERING or refraining from 42
registering TO VOTE; 43
(B) For agreeing AGREEING to register or to refrain from 45
registering TO VOTE; 46
(C) For agreeing AGREEING to vote or refraining TO REFRAIN 49
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from voting;
(D) For voting VOTING or refraining from voting at any 51
primary, GENERAL, OR SPECIAL ELECTION OR convention, or election 53
for a particular person, question, or issue;
(E) For registering REGISTERING or voting, or refraining 55
from registering or voting, or voting or refraining from voting 57
for a particular person, question, or issue.
Whoever violates this section is guilty of bribery, and 59
shall be fined not less than one hundred nor more than five 60
hundred dollars or imprisoned not more than one year, or both A 61
FELONY OF THE FOURTH DEGREE, and shall be DISFRANCHISED AND 62
excluded from the right of suffrage and holding any public office 63
for five years next succeeding IMMEDIATELY FOLLOWING such 64
conviction.
Sec. 3599.11. (A) No person shall knowingly register or 73
make application or attempt to register in a precinct in which 74
the person is not a qualified voter; or knowingly aid or abet any 75
person to so register; or attempt to register or knowingly induce 76
or attempt to induce any person to so register; or fraudulently 77
KNOWINGLY impersonate another or write or assume the name of 79
another, real or fictitious, in registering or attempting to 80
register; or by false statement or other unlawful means procure, 81
aid, or attempt to procure the erasure or striking out on the 82
register or duplicate list of the name of a qualified elector 83
therein; or fraudulently KNOWINGLY induce or attempt to induce a 84
registrar or other election authority to refuse registration in a 86
precinct to an elector thereof; or willfully or corruptly 87
KNOWINGLY swear or affirm falsely upon a lawful examination by or 89
before any registrar or registering officer; or make, print, or 90
issue any false or counterfeit certificate of registration or 91
fraudulently KNOWINGLY alter any certificate of registration. 93
No person shall knowingly register under more than one name 95
or knowingly induce any person to so register. 96
No person shall knowingly make any false statement on any 98
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form for registration or change of registration or upon any 99
application or return envelope for an absent voter's ballot. 100
Whoever violates this division is guilty of a felony of the 102
fifth degree. 103
(B) No person who helps another person register outside an 106
official voter registration place shall knowingly destroy, or
knowingly help another person to destroy, any completed 107
registration form, or knowingly fail to return any registration 108
form entrusted to that person to the board of elections on or 109
before the thirtieth day before the election. 110
Whoever violates this division is guilty of a misdemeanor 112
of the first degree. 113
Sec. 3599.12. (A) No person shall vote DO ANY OF THE 122
FOLLOWING: 123
(1) VOTE or attempt to vote in any primary, special, or 126
general election in a precinct in which he THAT PERSON is not a 127
legally qualified voter ELECTOR; or vote 128
(2) VOTE or attempt to vote more than once at the same 131
election BY ANY MEANS, INCLUDING VOTING OR ATTEMPTING TO VOTE 132
BOTH BY ABSENT VOTER'S BALLOTS UNDER DIVISION (B), (C), OR (G) OF 136
SECTION 3503.16 OF THE REVISED CODE AND BY REGULAR BALLOT AT THE 138
POLLS AT THE SAME ELECTION, OR VOTING OR ATTEMPTING TO VOTE BOTH 139
BY ABSENT VOTER'S BALLOTS UNDER DIVISION (B), (C), OR (G) OF 142
SECTION 3503.16 OF THE REVISED CODE AND BY ABSENT VOTER'S BALLOTS 144
UNDER CHAPTER 3509. OR ARMED SERVICE ABSENT VOTER'S BALLOTS UNDER 145
CHAPTER 3511. OF THE REVISED CODE AT THE SAME ELECTION; or 147
impersonate
(3) IMPERSONATE or sign the name of another person, real 150
or fictitious, living or dead, and vote or attempt to vote as 151
such THAT OTHER person in any such election; or vote or attempt 153
to vote at any primary the ballot of a political party with which 154
he has not been affiliated, as required by section 3513.19 of the 156
Revised Code, or with which he did not vote at the last election; 158
or cast
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(4) CAST a ballot at any such election after objection has 161
been made and sustained to his THAT PERSON'S vote; or knowingly 162
(5) KNOWINGLY vote or attempt to vote a ballot other than 165
the official ballot.
(B) Whoever violates DIVISION (A) OF this section is 167
guilty of a felony of the fourth degree. 168
Sec. 3599.14. (A) No person shall knowingly, directly or 177
indirectly, do any of the following in connection with an 179
initiative, supplementary, referendum, recall, local option, or
ANY DECLARATION OF CANDIDACY, DECLARATION OF INTENT TO BE A 181
WRITE-IN CANDIDATE, nominating petition, OR OTHER PETITION 182
PRESENTED TO OR FILED WITH THE SECRETARY OF STATE, A BOARD OF 183
ELECTIONS, OR ANY OTHER PUBLIC OFFICE FOR THE PURPOSE OF BECOMING 184
A CANDIDATE FOR ANY ELECTIVE OFFICE, INCLUDING THE OFFICE OF A 185
POLITICAL PARTY, FOR THE PURPOSE OF SUBMITTING A QUESTION OR 186
ISSUE TO THE ELECTORS AT AN ELECTION, OR FOR THE PURPOSE OF 187
FORMING A POLITICAL PARTY: 188
(1) Misrepresent the contents, purport PURPOSE, or effect 190
of the petition OR DECLARATION for the purpose of persuading a 192
person to sign or refrain from signing the petition OR 193
DECLARATION;
(2) Pay or offer to pay anything of value for signing or 195
refraining from signing the petition OR DECLARATION; 196
(3) Promise to assist any person to obtain appointment to 199
an office or position as a consideration for obtaining or
preventing signatures to the petition OR DECLARATION; 200
(4) Obtain or prevent signatures to the petition OR 202
DECLARATION as a consideration for the assistance or promise of 204
assistance of a person in securing appointment to an office or 205
position;
(5) Circulate or cause to be circulated the petition OR 209
DECLARATION knowing it to contain false, forged, or fictitious 210
names;
(6) Add signatures or names except his or her THE PERSON'S 212
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own name on the petition OR DECLARATION; 213
(7) Make a false certification or statement concerning the 215
petition OR DECLARATION; 216
(8) File with the election authorities the petition OR 219
DECLARATION knowing it to contain false, forged, or fictitious 220
names;
(9) Fail to fill out truthfully and file all itemized 222
statements required by law in connection WITH the petition OR 223
DECLARATION.
(B) As used in division (A) of this section, "referendum 225
petition" includes a referendum petition that is described in and 226
subject to sections 305.31 to 305.41 of the Revised Code. 227
(C) Whoever violates division (A) of this section shall be 230
fined not less than one hundred nor more than five hundred 231
dollars, imprisoned not more than six months, or both IS GUILTY 232
OF A MISDEMEANOR OF THE FIRST DEGREE. 233
Sec. 3599.17. (A) No ELECTIONS OFFICIAL SERVING AS A 242
registrar or, judge, or clerk of elections shall fail DO ANY OF 244
THE FOLLOWING:
(1) FAIL to appear before the board of elections, or its 247
representative, after notice has been served personally upon him 248
THE OFFICIAL or left at his THE OFFICIAL'S usual place of 250
residence, for examination as to his THE OFFICIAL'S 251
qualifications; or fail 252
(2) FAIL to appear at the polling place to which he THE 255
OFFICIAL is assigned at the hour and during the hours set for the 256
registration or election; or fail 257
(3) FAIL to take the oath prescribed by section 3501.31 of 260
the Revised Code, unless excused by such board; or refuse
(4) REFUSE or sanction the refusal of another registrar or 263
judge of elections to administer an oath required by law; or fail 264
(5) FAIL to send notice to the board of the appointment of 267
a judge or clerk to fill a vacancy; or act
(6) ACT as registrar, judge, or clerk without having been 270
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appointed and having received a certificate of appointment, 271
except a judge or clerk appointed to fill a vacancy caused by
absence or removal; or in any other way fail 272
(7) FAIL IN ANY OTHER WAY to perform any duty imposed by 274
law. 275
(B) Whoever violates DIVISION (A) OF this section shall be 278
fined not less than twenty-five nor more than one hundred dollars 279
or imprisoned not more than fifteen days, or both IS GUILTY OF A 280
MISDEMEANOR OF THE FIRST DEGREE.
Sec. 3599.18. (A) No registrar of electors ELECTION 289
OFFICIAL, PERSON ASSISTING IN THE REGISTRATION OF ELECTORS, or 290
police officer shall refuse KNOWINGLY DO ANY OF THE FOLLOWING: 292
(1) REFUSE, neglect, or unnecessarily delay, hinder, or 295
prevent the registration of a qualified voter ELECTOR, who in a 296
lawful manner applies for registration; or enter 297
(2) ENTER or consent to the entry of a fictitious name for 300
registration ON A VOTER REGISTRATION LIST; or alter 301
(3) ALTER the name ON or remove or destroy the 304
registration card or form of any qualified voter ELECTOR; or 305
willfully neglect or corruptly 306
(4) NEGLECT, UNLAWFULLY execute, or fail to execute any 309
duty enjoined upon him THAT PERSON as a registrar AN ELECTION 310
OFFICIAL, PERSON ASSISTING IN THE REGISTRATION OF ELECTORS, OR 311
POLICE OFFICER. 312
(B) Whoever violates DIVISION (A) OF this section shall be 315
fined not less than one hundred nor more than five hundred 316
dollars or imprisoned not more than one year, or both IS GUILTY 317
OF A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 3599.19. (A) No judge or clerk of elections shall 326
unlawfully KNOWINGLY DO ANY OF THE FOLLOWING: 327
(1) UNLAWFULLY open or permit to be opened the sealed 329
package containing registration lists, ballots, blanks, 330
pollbooks, and other papers and material to be used in the AN 331
election; or unlawfully 332
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(2) UNLAWFULLY misplace, carry away, negligently lose or 334
permit to be taken from him THE JUDGE OR CLERK, fail to deliver, 336
or destroy any such packages, papers, or material; or knowingly 337
receive
(3) RECEIVE or sanction the reception of a ballot from a 340
person not a qualified elector or from a person who refused to 341
answer a question in accordance with the election law; or refuse 342
(4) REFUSE to receive or sanction the rejection of a 345
ballot from a person, knowing him THAT PERSON to be a qualified 346
elector; or knowingly permit 347
(5) PERMIT a fraudulent ballot to be placed in the ballot 350
box; or place
(6) PLACE or permit to be placed in any ballot box any 352
ballot known by him THE JUDGE OR CLERK to be improperly or 353
fraudulently FALSELY marked; or knowingly count 355
(7) COUNT or permit to be counted any illegal or 357
fraudulent ballot; or mislead 359
(8) MISLEAD an elector who is physically unable to prepare 361
his THE ELECTOR'S ballot; or, mark a ballot for such elector 363
otherwise than as directed by him; THAT ELECTOR, or disclose to 365
any person, except when legally required to do so, how such 368
elector voted; or when counting the ballots alter 369
(9) ALTER or mark or permit any alteration or marking on 371
any ballot WHEN COUNTING THE BALLOTS; or wrongfully 372
(10) UNLAWFULLY count or tally or sanction the wrongful 374
counting or tallying of votes; or after 375
(11) AFTER the counting of votes commences, as required by 378
law, postpone or sanction the postponement of the counting of 379
votes, adjourn at any time or to any place, or remove the ballot 380
box from the place of voting, or from the custody or presence of 381
all the judges and clerks of such elections; or permit 382
(12) PERMIT any ballot to remain or to be in the ballot 384
box at the opening of the polls, or to be put therein IN THE BOX 385
during the counting of the ballots, or to be left therein IN THE 387
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BOX without being counted; or admit 389
(13) ADMIT or sanction the admission to the polling room 391
at an election during the receiving, counting, and certifying of 392
votes of any person not qualified by law to be so admitted; or 393
refuse 394
(14) REFUSE to admit or sanction the refusal to admit any 396
person, upon lawful request therefor FOR ADMISSION, who is 398
legally qualified to be present; or permit 400
(15) PERMIT or sanction the counting of the ballots 402
contrary to the manner prescribed by law; or willfully neglect 404
(16) NEGLECT or corruptly UNLAWFULLY execute any duty 407
enjoined upon him THE JUDGE OR CLERK by law.
(B) Whoever violates DIVISION (A) OF this section shall be 410
fined not less than one hundred nor more than five hundred 411
dollars or imprisoned not less than three nor more than six 412
months, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 413
Sec. 3599.20. No person shall attempt to induce an elector 422
to show how he THE ELECTOR marked his THE ELECTOR'S ballot at an 424
election; or, being an elector, allow his THE ELECTOR'S ballot to 425
be seen by another, except as provided by section 3505.24 of the 426
Revised Code, with the apparent intention of letting it be known 427
how he THE ELECTOR is about to vote; or make a false statement as 429
to his THE ELECTOR'S ability to mark his THE ballot; or purposely 430
KNOWINGLY mark his THE ballot so it may be identified after it 432
has been cast; or attempt to interfere with an elector in the 434
voting booth when marking his THE ELECTOR'S ballot; or willfully 436
KNOWINGLY destroy or mutilate a lawful ballot; or remove from the 438
polling place or be found in unlawful possession of a lawful 439
ballot outside the enclosure provided for voting; or willfully 440
KNOWINGLY hinder or delay the delivery of a lawful ballot to a 442
person entitled to receive it; or give to an elector a ballot 443
printed or written contrary to law; or forge or falsely make an
official indorsement on a ballot. 444
Whoever violates this section shall be fined not less than 446
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twenty-five nor more than five hundred dollars or imprisoned not 447
more than six months, or both IS GUILTY OF A FELONY OF THE FIFTH 448
DEGREE.
Sec. 3599.21. (A) No person shall impersonate KNOWINGLY 457
DO ANY OF THE FOLLOWING: 459
(1) IMPERSONATE another, or make a false representation in 462
order to obtain an absent voter's ballot; or knowingly connive to 463
help
(2) AID OR ABET a person to vote an absent voter's ballot 466
illegally; or being
(3) IF THE PERSON IS an election official, open, destroy, 469
steal, mark, or mutilate any absent voter's ballot; or 471
(4) AID OR abet another PERSON to open, destroy, steal, 474
mark, or mutilate any absent voter's ballot after the ballot has 475
been voted; or delay 476
(5) DELAY the delivery of any such ballot with a view to 479
preventing its arrival in time to be counted; or hinder 480
(6) HINDER or attempt to hinder the delivery or counting 482
of such absent voter's ballot; 484
(7) FAIL TO FORWARD TO THE APPROPRIATE ELECTION OFFICIAL 486
AN ABSENT VOTER'S BALLOT APPLICATION ENTRUSTED TO THAT PERSON TO 487
SO FORWARD.
(B) Whoever violates DIVISION (A) OF this section is 489
guilty of a felony of the fourth degree. 490
Sec. 3599.22. (A) No person employed to print or engage 499
in printing the official ballots shall print KNOWINGLY DO ANY OF 501
THE FOLLOWING:
(1) PRINT or cause or permit to be printed an official 503
ballot other than according to the copy OFFICIAL BALLOT furnished 504
him by the board of elections or a false or fraudulent ballot; or 507
print;
(2) PRINT or permit to be printed more ballots than are 511
delivered to the board; or appropriate
(3) APPROPRIATE, give, deliver, or knowingly permit to be 515
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taken away any of such ballots by a person other than the person
authorized by law to do so; or print 516
(4) PRINT such ballots on paper other than that provided 518
in the contract with the board; or willfully seal up or cause or 519
permit to be sealed up in packages 520
(5) PACKAGE or deliver to the board a less number of FEWER 523
ballots than the number indorsed thereon THE BOARD DIRECTED TO BE 524
PRINTED.
(B) Whoever violates DIVISION (A) OF this section shall be 527
fined not less than two hundred nor more than one thousand 528
dollars or imprisoned not more than six months, or both IS GUILTY 529
OF A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 3599.23. (A) No printer or other person entrusted 538
with the printing, custody, or delivery of registration cards or 540
forms, ballots, blanks, pollbooks, cards of instruction, or other 541
required papers shall unlawfully DO ANY OF THE FOLLOWING: 542
(1) KNOWINGLY AND UNLAWFULLY open or permit to be opened a 545
sealed package containing ballots or other printed forms; or give 546
(2) KNOWINGLY GIVE or deliver to another not lawfully 548
entitled thereto TO THEM, or unlawfully misplace or carry away, 551
or negligently lose or permit to be taken from him, or KNOWINGLY 553
fail to deliver, or KNOWINGLY destroy any such forms or packages 555
of ballots, or a ballot, pollbooks, cards of instruction, or 556
other required papers; 557
(3) NEGLIGENTLY LOSE OR PERMIT TO BE TAKEN FROM THE 559
PRINTER OR OTHER ENTRUSTED PERSON ANY OF THE MATERIALS DESCRIBED 560
IN DIVISION (A)(2) OF THIS SECTION. 561
(B) No person entrusted with the preparation, custody, or 563
delivery of marking devices shall unlawfully DO EITHER OF THE 565
FOLLOWING:
(1) UNLAWFULLY open or permit to be opened a sealed 567
package containing marking devices, or give or deliver to another 568
not lawfully entitled thereto, or unlawfully TO THEM ANY SUCH 569
MARKING DEVICES;
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(2) UNLAWFULLY or carelessly use or negligently lose or 571
permit to be taken from him THE PRINTER OR OTHER ENTRUSTED PERSON 573
and fail to deliver or destroy, any such marking devices. 574
(C) Whoever violates DIVISION (A)(1) OR (2) OR (B) OF this 578
section shall be fined not less than one hundred dollars or 579
imprisoned not more than one year, or both IS GUILTY OF A
MISDEMEANOR OF THE FIRST DEGREE. WHOEVER VIOLATES DIVISION 581
(A)(3) OF THIS SECTION IS GUILTY OF A MISDEMEANOR OF THE SECOND
DEGREE. 582
Sec. 3599.25. (A) No person shall counsel KNOWINGLY DO 591
ANY OF THE FOLLOWING: 593
(1) COUNSEL or advise another to vote at an election, 596
knowing that he THE PERSON is not a qualified voter; or advise 597
(2) ADVISE, aid, or assist another person to go or come 599
into a precinct for the purpose of voting therein IN IT, knowing 601
that such person is not qualified to vote therein IN IT; or 603
counsel
(3) COUNSEL, advise, or attempt to induce an election 605
officer to permit a person to vote, knowing such person is not a 607
qualified elector.
(B) Whoever violates DIVISION (A) OF this section shall be 610
fined not less than one hundred nor more than five hundred 611
dollars or imprisoned not less than one nor more than six months, 612
or both IS GUILTY OF A FELONY OF THE FOURTH DEGREE.
Sec. 3599.31. No officer of the law shall fail to obey 621
forthwith an order of the presiding judge and aid in enforcing a 622
lawful order of the presiding judges at an election, against 623
persons unlawfully congregating or loitering within one hundred 624
feet of a polling place, hindering or delaying an elector from 625
reaching or leaving the polling place, soliciting or attempting,
within one hundred feet of the polling place, to influence an 626
elector in casting his THE ELECTOR'S vote, or interfering with 627
the registration of voters or casting and counting of the 628
ballots.
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Whoever violates this section shall be fined not less than 630
fifty nor more than one thousand dollars or imprisoned not more 632
than thirty days, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST 633
DEGREE.
Sec. 3599.32. No official upon whom a duty is imposed by 642
an election law for the violation of which no penalty is 643
otherwise provided shall willfully KNOWINGLY disobey such 644
election law.
Whoever violates this section shall be fined not less than 646
fifty nor more than one thousand dollars or imprisoned not more 648
than one year, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST 649
DEGREE.
Sec. 3599.35. No party committeeman COMMITTEEPERSON or 658
party delegate or alternate chosen at an election, or a delegate 659
or alternate appointed to a convention provided by law, shall 660
give or issue a proxy or authority to another person to act or 661
vote in his THAT PERSON'S stead. 662
No person shall knowingly or fraudulently act or vote or 664
attempt to impersonate, act, or vote in place of such 665
committeeman or THAT COMMITTEEPERSON, delegate, OR ALTERNATE. 667
Whoever violates this section shall be fined not less than 669
fifty nor more than five hundred dollars or imprisoned not more 671
than sixty days, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST 672
DEGREE.
Sec. 3599.36. No person, either orally or in writing, on 681
oath lawfully administered or in a statement made under penalty 682
of election falsification, shall purposely KNOWINGLY state a 683
falsehood as to a material matter relating to an election in a 685
proceeding before a court, tribunal, or officer created by law 686
ELECTION OFFICIAL, or in a matter in relation to which an oath or 688
statement under penalty of election falsification is authorized 689
by law, including a statement required for verifying or filing a 690
ANY DECLARATION OF CANDIDACY, DECLARATION OF INTENT TO BE A 692
WRITE-IN CANDIDATE, nominating, initiative, supplementary, 694
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referendum, or recall petition, or OTHER petition paper PRESENTED 696
TO OR FILED WITH THE SECRETARY OF STATE, A BOARD OF ELECTIONS, OR 697
ANY OTHER PUBLIC OFFICE FOR THE PURPOSE OF BECOMING A CANDIDATE 698
FOR ANY ELECTIVE OFFICE, INCLUDING THE OFFICE OF A POLITICAL 699
PARTY, FOR THE PURPOSE OF SUBMITTING A QUESTION OR ISSUE TO THE 700
ELECTORS AT AN ELECTION, OR FOR THE PURPOSE OF FORMING A 701
POLITICAL PARTY.
Whoever violates this section is guilty of election 703
falsification, which is a misdemeanor FELONY of the first FIFTH 705
degree.
Every paper, card, or other document relating to any 707
election matter which THAT calls for a statement to be made under 709
penalty of election falsification shall be accompanied by the 710
following statement in bold face capital letters: "The penalty 711
for WHOEVER COMMITS election falsification is imprisonment for 712
not more than six months, or a fine of not more than one thousand 713
dollars, or both GUILTY OF A FELONY OF THE FIFTH DEGREE." 715
Sec. 3599.37. (A) No person having been subpoenaed or 724
ordered to appear before a grand jury, court, board, or officer 726
in a proceeding or prosecution upon a complaint, information, 727
affidavit, or indictment for an offense under an election law 728
shall fail DO EITHER OF THE FOLLOWING:
(1) FAIL to appear or, having appeared, refuse to answer a 730
question pertinent to the matter under inquiry or investigation; 731
or refuse 732
(2) REFUSE to produce, upon reasonable notice, any 735
material, books, papers, documents, or records in his THAT 736
PERSON'S possession or under his THAT PERSON'S control. 737
(B) Whoever violates DIVISION (A) OF this section shall, 740
unless he THE VIOLATOR claims his THE VIOLATOR'S constitutional 741
rights, be fined not less than one hundred nor more than one 743
thousand dollars or imprisoned not less than thirty days nor more 744
than six months IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 745
Sec. 3599.38. (A) No judge, clerk ELECTION OFFICIAL, 754
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witness, CHALLENGER, deputy sheriff, special deputy sheriff, OR 756
police officer, or other election officer, while performing the 757
THAT PERSON'S duties of his office RELATED TO THE CASTING OF 758
VOTES, shall wear DO EITHER OF THE FOLLOWING: 759
(1) WEAR any badge, sign, or other insignia or thing 762
indicating his THAT PERSON'S preference for any candidate or for 763
any question submitted or influence AT AN ELECTION; 764
(2) INFLUENCE or attempt to influence any voter to cast 767
his THE VOTER'S ballot for or against any candidate or issue 769
submitted at such AN election.
(B) Whoever violates DIVISION (A) OF this section shall be 772
fined not less than fifty nor more than one hundred dollars and 773
imprisoned not less than thirty days nor more than six months IS 774
GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 3599.39. Any person convicted of a violation of any 783
provision of Title XXXV of the Revised Code, who is again 784
convicted of a violation of any such provision, whether such 785
conviction is for the same offense or not, shall IS on such 787
second conviction be fined not less than five hundred nor more
than one thousand dollars or imprisoned not less than one nor 789
more than five years, or both GUILTY OF A FELONY OF THE FOURTH 790
DEGREE, and in addition, such person shall be disfranchised. 791
Sec. 3599.40. Whoever EXCEPT AS OTHERWISE PROVIDED IN 800
SECTION 3599.39 OF THE REVISED CODE, WHOEVER violates any 801
provision of Title XXXV of the Revised Code, unless otherwise 802
provided in such title, is guilty of a misdemeanor of the first 803
degree.
Section 2. That existing sections 3599.02, 3599.11, 805
3599.12, 3599.14, 3599.17, 3599.18, 3599.19, 3599.20, 3599.21, 806
3599.22, 3599.23, 3599.25, 3599.31, 3599.32, 3599.35, 3599.36, 807
3599.37, 3599.38, 3599.39, and 3599.40 and section 3599.30 of the 809
Revised Code are hereby repealed.