As Reported by the Senate State and Local Government         1            

                 and Veterans Affairs Committee                    2            

122nd General Assembly                                             5            

   Regular Session                                  S. B. No. 116  6            

      1997-1998                                                    7            


         SENATORS GARDNER-BLESSING-CUPP-DIX-FINAN-LATTA-           9            

                  SUHADOLNIK-WHITE-ZALESKI-NEIN                    10           


                                                                   11           

                           A   B I L L                                          

             To amend sections 3599.02, 3599.11, 3599.12,          13           

                3599.14, 3599.17, 3599.18, 3599.19, 3599.20,       14           

                2599.21, 3599.22, 3599.23, 3599.25, 3599.31,                    

                3599.32, 3599.35, 3599.36, 3599.37, 3599.38,       15           

                3599.39, and 3599.40 and to repeal section                      

                3599.30 of the Revised Code to change certain      17           

                penalties in the Elections Law and to make other   18           

                changes in that Law.                                            




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        20           

      Section 1.  That sections 3599.02, 3599.11, 3599.12,         22           

3599.14, 3599.17, 3599.18, 3599.19, 3599.20, 3599.21, 3599.22,     23           

3599.23, 3599.25, 3599.31, 3599.32, 3599.35, 3599.36, 3599.37,     25           

3599.38, 3599.39, and 3599.40 of the Revised Code be amended to    26           

read as follows:                                                   27           

      Sec. 3599.02.  No person shall before, during, or after any  36           

primary, GENERAL, OR SPECIAL ELECTION OR convention, or election   37           

solicit, request, demand, receive, or contract for any money,      39           

gift, loan, property, influence, position, employment, or other                 

thing of value for himself THAT PERSON or FOR another PERSON FOR   41           

DOING ANY OF THE FOLLOWING:                                                     

      (A)  For registering REGISTERING or refraining from          43           

registering TO VOTE;                                               44           

      (B)  For agreeing AGREEING to register or to refrain from    46           

registering TO VOTE;                                               47           

                                                          2      

                                                                 
      (C)  For agreeing AGREEING to vote or refraining TO REFRAIN  50           

from voting;                                                                    

      (D)  For voting VOTING or refraining from voting at any      52           

primary, GENERAL, OR SPECIAL ELECTION OR convention, or election   54           

for a particular person, question, or issue;                                    

      (E)  For registering REGISTERING or voting, or refraining    56           

from registering or voting, or voting or refraining from voting    58           

for a particular person, question, or issue.                                    

      Whoever violates this section is guilty of bribery, and      60           

shall be fined not less than one hundred nor more than five        61           

hundred dollars or imprisoned not more than one year, or both A    62           

FELONY OF THE FOURTH DEGREE, and shall be DISFRANCHISED AND        63           

excluded from the right of suffrage and holding any public office  64           

for five years next succeeding IMMEDIATELY FOLLOWING such          65           

conviction.                                                                     

      Sec. 3599.11.  (A)  No person shall knowingly register or    74           

make application or attempt to register in a precinct in which     75           

the person is not a qualified voter; or knowingly aid or abet any  76           

person to so register; or attempt to register or knowingly induce  77           

or attempt to induce any person to so register; or fraudulently    78           

KNOWINGLY impersonate another or write or assume the name of       80           

another, real or fictitious, in registering or attempting to       81           

register; or by false statement or other unlawful means procure,   82           

aid, or attempt to procure the erasure or striking out on the      83           

register or duplicate list of the name of a qualified elector      84           

therein; or fraudulently KNOWINGLY induce or attempt to induce a   85           

registrar or other election authority to refuse registration in a  87           

precinct to an elector thereof; or willfully or corruptly          88           

KNOWINGLY swear or affirm falsely upon a lawful examination by or  90           

before any registrar or registering officer; or make, print, or    91           

issue any false or counterfeit certificate of registration or      92           

fraudulently KNOWINGLY alter any certificate of registration.      94           

      No person shall knowingly register under more than one name  96           

or knowingly induce any person to so register.                     97           

                                                          3      

                                                                 
      No person shall knowingly make any false statement on any    99           

form for registration or change of registration or upon any        100          

application or return envelope for an absent voter's ballot.       101          

      Whoever violates this division is guilty of a felony of the  103          

fifth degree.                                                      104          

      (B)  No person who helps another person register outside an  107          

official voter registration place shall knowingly destroy, or                   

knowingly help another person to destroy, any completed            108          

registration form, or knowingly fail to return any registration    109          

form entrusted to that person to the board of elections on or      110          

before the thirtieth day before the election.                      111          

      Whoever violates this division is guilty of a misdemeanor    113          

of the first degree.                                               114          

      Sec. 3599.12.  (A)  No person shall vote DO ANY OF THE       123          

FOLLOWING:                                                         124          

      (1)  VOTE or attempt to vote in any primary, special, or     127          

general election in a precinct in which he THAT PERSON is not a    128          

legally qualified voter ELECTOR; or vote                           129          

      (2)  VOTE or attempt to vote more than once at the same      132          

election BY ANY MEANS, INCLUDING VOTING OR ATTEMPTING TO VOTE      133          

BOTH BY ABSENT VOTER'S BALLOTS UNDER DIVISION (B), (C), OR (G) OF  137          

SECTION 3503.16 OF THE REVISED CODE AND BY REGULAR BALLOT AT THE   139          

POLLS AT THE SAME ELECTION, OR VOTING OR ATTEMPTING TO VOTE BOTH   140          

BY ABSENT VOTER'S BALLOTS UNDER DIVISION (B), (C), OR (G) OF       143          

SECTION 3503.16 OF THE REVISED CODE AND BY ABSENT VOTER'S BALLOTS  145          

UNDER CHAPTER 3509. OR ARMED SERVICE ABSENT VOTER'S BALLOTS UNDER  146          

CHAPTER 3511. OF THE REVISED CODE AT THE SAME ELECTION; or         148          

impersonate                                                                     

      (3)  IMPERSONATE or sign the name of another person, real    151          

or fictitious, living or dead, and vote or attempt to vote as      152          

such THAT OTHER person in any such election; or vote or attempt    154          

to vote at any primary the ballot of a political party with which  155          

he has not been affiliated, as required by section 3513.19 of the  157          

Revised Code, or with which he did not vote at the last election;  159          

                                                          4      

                                                                 
or cast                                                                         

      (4)  CAST a ballot at any such election after objection has  162          

been made and sustained to his THAT PERSON'S vote; or knowingly    163          

      (5)  KNOWINGLY vote or attempt to vote a ballot other than   166          

the official ballot.                                                            

      (B)  Whoever violates DIVISION (A) OF this section is        168          

guilty of a felony of the fourth degree.                           169          

      Sec. 3599.14.  (A)  No person shall knowingly, directly or   178          

indirectly, do any of the following in connection with an          180          

initiative, supplementary, referendum, recall, local option, or                 

ANY DECLARATION OF CANDIDACY, DECLARATION OF INTENT TO BE A        182          

WRITE-IN CANDIDATE, nominating petition, OR OTHER PETITION         183          

PRESENTED TO OR FILED WITH THE SECRETARY OF STATE, A BOARD OF      184          

ELECTIONS, OR ANY OTHER PUBLIC OFFICE FOR THE PURPOSE OF BECOMING  185          

A CANDIDATE FOR ANY ELECTIVE OFFICE, INCLUDING THE OFFICE OF A     186          

POLITICAL PARTY, FOR THE PURPOSE OF SUBMITTING A QUESTION OR       187          

ISSUE TO THE ELECTORS AT AN ELECTION, OR FOR THE PURPOSE OF        188          

FORMING A POLITICAL PARTY:                                         189          

      (1)  Misrepresent the contents, purport PURPOSE, or effect   191          

of the petition OR DECLARATION for the purpose of persuading a     193          

person to sign or refrain from signing the petition OR             194          

DECLARATION;                                                                    

      (2)  Pay or offer to pay anything of value for signing or    196          

refraining from signing the petition OR DECLARATION;               197          

      (3)  Promise to assist any person to obtain appointment to   200          

an office or position as a consideration for obtaining or                       

preventing signatures to the petition OR DECLARATION;              201          

      (4)  Obtain or prevent signatures to the petition OR         203          

DECLARATION as a consideration for the assistance or promise of    205          

assistance of a person in securing appointment to an office or     206          

position;                                                                       

      (5)  Circulate or cause to be circulated the petition OR     210          

DECLARATION knowing it to contain false, forged, or fictitious     211          

names;                                                                          

                                                          5      

                                                                 
      (6)  Add signatures or names except his or her THE PERSON'S  213          

own name on the petition OR DECLARATION;                           214          

      (7)  Make a false certification or statement concerning the  216          

petition OR DECLARATION;                                           217          

      (8)  File with the election authorities the petition OR      220          

DECLARATION knowing it to contain false, forged, or fictitious     221          

names;                                                                          

      (9)  Fail to fill out truthfully and file all itemized       223          

statements required by law in connection WITH the petition OR      224          

DECLARATION.                                                                    

      (B)  As used in division (A) of this section, "referendum    226          

petition" includes a referendum petition that is described in and  227          

subject to sections 305.31 to 305.41 of the Revised Code.          228          

      (C)  Whoever violates division (A) of this section shall be  231          

fined not less than one hundred nor more than five hundred         232          

dollars, imprisoned not more than six months, or both IS GUILTY    233          

OF A MISDEMEANOR OF THE FIRST DEGREE.                              234          

      Sec. 3599.17.  (A)  No ELECTIONS OFFICIAL SERVING AS A       243          

registrar or, judge, or clerk of elections shall fail DO ANY OF    245          

THE FOLLOWING:                                                                  

      (1)  FAIL to appear before the board of elections, or its    248          

representative, after notice has been served personally upon him   249          

THE OFFICIAL or left at his THE OFFICIAL'S usual place of          251          

residence, for examination as to his THE OFFICIAL'S                252          

qualifications; or fail                                            253          

      (2)  FAIL to appear at the polling place to which he THE     256          

OFFICIAL is assigned at the hour and during the hours set for the  257          

registration or election; or fail                                  258          

      (3)  FAIL to take the oath prescribed by section 3501.31 of  261          

the Revised Code, unless excused by such board; or refuse                       

      (4)  REFUSE or sanction the refusal of another registrar or  264          

judge of elections to administer an oath required by law; or fail  265          

      (5)  FAIL to send notice to the board of the appointment of  268          

a judge or clerk to fill a vacancy; or act                                      

                                                          6      

                                                                 
      (6)  ACT as registrar, judge, or clerk without having been   271          

appointed and having received a certificate of appointment,        272          

except a judge or clerk appointed to fill a vacancy caused by                   

absence or removal; or in any other way fail                       273          

      (7)  FAIL IN ANY OTHER WAY to perform any duty imposed by    275          

law.                                                               276          

      (B)  Whoever violates DIVISION (A) OF this section shall be  279          

fined not less than twenty-five nor more than one hundred dollars  280          

or imprisoned not more than fifteen days, or both IS GUILTY OF A   281          

MISDEMEANOR OF THE FIRST DEGREE.                                                

      Sec. 3599.18.  (A)  No registrar of electors ELECTION        290          

OFFICIAL, PERSON ASSISTING IN THE REGISTRATION OF ELECTORS, or     291          

police officer shall refuse KNOWINGLY DO ANY OF THE FOLLOWING:     293          

      (1)  REFUSE, neglect, or unnecessarily delay, hinder, or     296          

prevent the registration of a qualified voter ELECTOR, who in a    297          

lawful manner applies for registration; or enter                   298          

      (2)  ENTER or consent to the entry of a fictitious name for  301          

registration ON A VOTER REGISTRATION LIST; or alter                302          

      (3)  ALTER the name ON or remove or destroy the              305          

registration card or form of any qualified voter ELECTOR; or       306          

willfully neglect or corruptly                                     307          

      (4)  NEGLECT, UNLAWFULLY execute, or fail to execute any     310          

duty enjoined upon him THAT PERSON as a registrar AN ELECTION      311          

OFFICIAL, PERSON ASSISTING IN THE REGISTRATION OF ELECTORS, OR     312          

POLICE OFFICER.                                                    313          

      (B)  Whoever violates DIVISION (A) OF this section shall be  316          

fined not less than one hundred nor more than five hundred         317          

dollars or imprisoned not more than one year, or both IS GUILTY    318          

OF A MISDEMEANOR OF THE FIRST DEGREE.                                           

      Sec. 3599.19.  (A)  No judge or clerk of elections shall     327          

unlawfully KNOWINGLY DO ANY OF THE FOLLOWING:                      328          

      (1)  UNLAWFULLY open or permit to be opened the sealed       330          

package containing registration lists, ballots, blanks,            331          

pollbooks, and other papers and material to be used in the AN      332          

                                                          7      

                                                                 
election; or unlawfully                                            333          

      (2)  UNLAWFULLY misplace, carry away, negligently lose or    335          

permit to be taken from him THE JUDGE OR CLERK, fail to deliver,   337          

or destroy any such packages, papers, or material; or knowingly    338          

receive                                                                         

      (3)  RECEIVE or sanction the reception of a ballot from a    341          

person not a qualified elector or from a person who refused to     342          

answer a question in accordance with the election law; or refuse   343          

      (4)  REFUSE to receive or sanction the rejection of a        346          

ballot from a person, knowing him THAT PERSON to be a qualified    347          

elector; or knowingly permit                                       348          

      (5)  PERMIT a fraudulent ballot to be placed in the ballot   351          

box; or place                                                                   

      (6)  PLACE or permit to be placed in any ballot box any      353          

ballot known by him THE JUDGE OR CLERK to be improperly or         354          

fraudulently FALSELY marked; or knowingly count                    356          

      (7)  COUNT or permit to be counted any illegal or            358          

fraudulent ballot; or mislead                                      360          

      (8)  MISLEAD an elector who is physically unable to prepare  362          

his THE ELECTOR'S ballot; or, mark a ballot for such elector       364          

otherwise than as directed by him; THAT ELECTOR, or disclose to    366          

any person, except when legally required to do so, how such        369          

elector voted; or when counting the ballots alter                  370          

      (9)  ALTER or mark or permit any alteration or marking on    372          

any ballot WHEN COUNTING THE BALLOTS; or wrongfully                373          

      (10)  UNLAWFULLY count or tally or sanction the wrongful     375          

counting or tallying of votes; or after                            376          

      (11)  AFTER the counting of votes commences, as required by  379          

law, postpone or sanction the postponement of the counting of      380          

votes, adjourn at any time or to any place, or remove the ballot   381          

box from the place of voting, or from the custody or presence of   382          

all the judges and clerks of such elections; or permit             383          

      (12)  PERMIT any ballot to remain or to be in the ballot     385          

box at the opening of the polls, or to be put therein IN THE BOX   386          

                                                          8      

                                                                 
during the counting of the ballots, or to be left therein IN THE   388          

BOX without being counted; or admit                                390          

      (13)  ADMIT or sanction the admission to the polling room    392          

at an election during the receiving, counting, and certifying of   393          

votes of any person not qualified by law to be so admitted; or     394          

refuse                                                             395          

      (14)  REFUSE to admit or sanction the refusal to admit any   397          

person, upon lawful request therefor FOR ADMISSION, who is         399          

legally qualified to be present; or permit                         401          

      (15)  PERMIT or sanction the counting of the ballots         403          

contrary to the manner prescribed by law; or willfully neglect     405          

      (16)  NEGLECT or corruptly UNLAWFULLY execute any duty       408          

enjoined upon him THE JUDGE OR CLERK by law.                                    

      (B)  Whoever violates DIVISION (A) OF this section shall be  411          

fined not less than one hundred nor more than five hundred         412          

dollars or imprisoned not less than three nor more than six        413          

months, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.    414          

      Sec. 3599.20.  No person shall attempt to induce an elector  423          

to show how he THE ELECTOR marked his THE ELECTOR'S ballot at an   425          

election; or, being an elector, allow his THE ELECTOR'S ballot to  426          

be seen by another, except as provided by section 3505.24 of the   427          

Revised Code, with the apparent intention of letting it be known   428          

how he THE ELECTOR is about to vote; or make a false statement as  430          

to his THE ELECTOR'S ability to mark his THE ballot; or purposely  431          

KNOWINGLY mark his THE ballot so it may be identified after it     433          

has been cast; or attempt to interfere with an elector in the      435          

voting booth when marking his THE ELECTOR'S ballot; or willfully   437          

KNOWINGLY destroy or mutilate a lawful ballot; or remove from the  439          

polling place or be found in unlawful possession of a lawful       440          

ballot outside the enclosure provided for voting; or willfully     441          

KNOWINGLY hinder or delay the delivery of a lawful ballot to a     443          

person entitled to receive it; or give to an elector a ballot      444          

printed or written contrary to law; or forge or falsely make an                 

official indorsement on a ballot.                                  445          

                                                          9      

                                                                 
      Whoever violates this section shall be fined not less than   447          

twenty-five nor more than five hundred dollars or imprisoned not   448          

more than six months, or both IS GUILTY OF A FELONY OF THE FIFTH   449          

DEGREE.                                                                         

      Sec. 3599.21.  (A)  No person shall impersonate KNOWINGLY    458          

DO ANY OF THE FOLLOWING:                                           460          

      (1)  IMPERSONATE another, or make a false representation in  463          

order to obtain an absent voter's ballot; or knowingly connive to  464          

help                                                                            

      (2)  AID OR ABET a person to vote an absent voter's ballot   467          

illegally; or being                                                             

      (3)  IF THE PERSON IS an election official, open, destroy,   470          

steal, mark, or mutilate any absent voter's ballot; or             472          

      (4)  AID OR abet another PERSON to open, destroy, steal,     475          

mark, or mutilate any absent voter's ballot after the ballot has   476          

been voted; or delay                                               477          

      (5)  DELAY the delivery of any such ballot with a view to    480          

preventing its arrival in time to be counted; or hinder            481          

      (6)  HINDER or attempt to hinder the delivery or counting    483          

of such absent voter's ballot;                                     485          

      (7)  FAIL TO FORWARD TO THE APPROPRIATE ELECTION OFFICIAL    487          

AN ABSENT VOTER'S BALLOT APPLICATION ENTRUSTED TO THAT PERSON TO   488          

SO FORWARD.                                                                     

      (B)  Whoever violates DIVISION (A) OF this section is        490          

guilty of a felony of the fourth degree.                           491          

      Sec. 3599.22.  (A)  No person employed to print or engage    500          

in printing the official ballots shall print KNOWINGLY DO ANY OF   502          

THE FOLLOWING:                                                                  

      (1)  PRINT or cause or permit to be printed an official      504          

ballot other than according to the copy OFFICIAL BALLOT furnished  505          

him by the board of elections or a false or fraudulent ballot; or  508          

print;                                                                          

      (2)  PRINT or permit to be printed more ballots than are     512          

delivered to the board; or appropriate                                          

                                                          10     

                                                                 
      (3)  APPROPRIATE, give, deliver, or knowingly permit to be   516          

taken away any of such ballots by a person other than the person                

authorized by law to do so; or print                               517          

      (4)  PRINT such ballots on paper other than that provided    519          

in the contract with the board; or willfully seal up or cause or   520          

permit to be sealed up in packages                                 521          

      (5)  PACKAGE or deliver to the board a less number of FEWER  524          

ballots than the number indorsed thereon THE BOARD DIRECTED TO BE  525          

PRINTED.                                                                        

      (B)  Whoever violates DIVISION (A) OF this section shall be  528          

fined not less than two hundred nor more than one thousand         529          

dollars or imprisoned not more than six months, or both IS GUILTY  530          

OF A MISDEMEANOR OF THE FIRST DEGREE.                                           

      Sec. 3599.23.  (A)  No printer or other person entrusted     539          

with the printing, custody, or delivery of registration cards or   541          

forms, ballots, blanks, pollbooks, cards of instruction, or other  542          

required papers shall unlawfully DO ANY OF THE FOLLOWING:          543          

      (1)  KNOWINGLY AND UNLAWFULLY open or permit to be opened a  546          

sealed package containing ballots or other printed forms; or give  547          

      (2)  KNOWINGLY GIVE or deliver to another not lawfully       549          

entitled thereto TO THEM, or unlawfully misplace or carry away,    552          

or negligently lose or permit to be taken from him, or KNOWINGLY   554          

fail to deliver, or KNOWINGLY destroy any such forms or packages   556          

of ballots, or a ballot, pollbooks, cards of instruction, or       557          

other required papers;                                             558          

      (3)  NEGLIGENTLY LOSE OR PERMIT TO BE TAKEN FROM THE         560          

PRINTER OR OTHER ENTRUSTED PERSON ANY OF THE MATERIALS DESCRIBED   561          

IN DIVISION (A)(2) OF THIS SECTION.                                562          

      (B)  No person entrusted with the preparation, custody, or   564          

delivery of marking devices shall unlawfully DO EITHER OF THE      566          

FOLLOWING:                                                                      

      (1)  UNLAWFULLY open or permit to be opened a sealed         568          

package containing marking devices, or give or deliver to another  569          

not lawfully entitled thereto, or unlawfully TO THEM ANY SUCH      570          

                                                          11     

                                                                 
MARKING DEVICES;                                                                

      (2)  UNLAWFULLY or carelessly use or negligently lose or     572          

permit to be taken from him THE PRINTER OR OTHER ENTRUSTED PERSON  574          

and fail to deliver or destroy, any such marking devices.          575          

      (C)  Whoever violates DIVISION (A)(1) OR (2) OR (B) OF this  579          

section shall be fined not less than one hundred dollars or        580          

imprisoned not more than one year, or both IS GUILTY OF A                       

MISDEMEANOR OF THE FIRST DEGREE.  WHOEVER VIOLATES DIVISION        582          

(A)(3) OF THIS SECTION IS GUILTY OF A MISDEMEANOR OF THE SECOND                 

DEGREE.                                                            583          

      Sec. 3599.25.  (A)  No person shall counsel KNOWINGLY DO     592          

ANY OF THE FOLLOWING:                                              594          

      (1)  COUNSEL or advise another to vote at an election,       597          

knowing that he THE PERSON is not a qualified voter; or advise     598          

      (2)  ADVISE, aid, or assist another person to go or come     600          

into a precinct for the purpose of voting therein IN IT, knowing   602          

that such person is not qualified to vote therein IN IT; or        604          

counsel                                                                         

      (3)  COUNSEL, advise, or attempt to induce an election       606          

officer to permit a person to vote, knowing such person is not a   608          

qualified elector.                                                              

      (B)  Whoever violates DIVISION (A) OF this section shall be  611          

fined not less than one hundred nor more than five hundred         612          

dollars or imprisoned not less than one nor more than six months,  613          

or both IS GUILTY OF A FELONY OF THE FOURTH DEGREE.                             

      Sec. 3599.31.  No officer of the law shall fail to obey      622          

forthwith an order of the presiding judge and aid in enforcing a   623          

lawful order of the presiding judges at an election, against       624          

persons unlawfully congregating or loitering within one hundred    625          

feet of a polling place, hindering or delaying an elector from     626          

reaching or leaving the polling place, soliciting or attempting,                

within one hundred feet of the polling place, to influence an      627          

elector in casting his THE ELECTOR'S vote, or interfering with     628          

the registration of voters or casting and counting of the          629          

                                                          12     

                                                                 
ballots.                                                                        

      Whoever violates this section shall be fined not less than   631          

fifty nor more than one thousand dollars or imprisoned not more    633          

than thirty days, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST  634          

DEGREE.                                                                         

      Sec. 3599.32.  No official upon whom a duty is imposed by    643          

an election law for the violation of which no penalty is           644          

otherwise provided shall willfully KNOWINGLY disobey such          645          

election law.                                                                   

      Whoever violates this section shall be fined not less than   647          

fifty nor more than one thousand dollars or imprisoned not more    649          

than one year, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST     650          

DEGREE.                                                                         

      Sec. 3599.35.  No party committeeman COMMITTEEPERSON or      659          

party delegate or alternate chosen at an election, or a delegate   660          

or alternate appointed to a convention provided by law, shall      661          

give or issue a proxy or authority to another person to act or     662          

vote in his THAT PERSON'S stead.                                   663          

      No person shall knowingly or fraudulently act or vote or     665          

attempt to impersonate, act, or vote in place of such              666          

committeeman or THAT COMMITTEEPERSON, delegate, OR ALTERNATE.      668          

      Whoever violates this section shall be fined not less than   670          

fifty nor more than five hundred dollars or imprisoned not more    672          

than sixty days, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST   673          

DEGREE.                                                                         

      Sec. 3599.36.  No person, either orally or in writing, on    682          

oath lawfully administered or in a statement made under penalty    683          

of election falsification, shall purposely KNOWINGLY state a       684          

falsehood as to a material matter relating to an election in a     686          

proceeding before a court, tribunal, or officer created by law     687          

ELECTION OFFICIAL, or in a matter in relation to which an oath or  689          

statement under penalty of election falsification is authorized    690          

by law, including a statement required for verifying or filing a   691          

ANY DECLARATION OF CANDIDACY, DECLARATION OF INTENT TO BE A        693          

                                                          13     

                                                                 
WRITE-IN CANDIDATE, nominating, initiative, supplementary,         695          

referendum, or recall petition, or OTHER petition paper PRESENTED  697          

TO OR FILED WITH THE SECRETARY OF STATE, A BOARD OF ELECTIONS, OR  698          

ANY OTHER PUBLIC OFFICE FOR THE PURPOSE OF BECOMING A CANDIDATE    699          

FOR ANY ELECTIVE OFFICE, INCLUDING THE OFFICE OF A POLITICAL       700          

PARTY, FOR THE PURPOSE OF SUBMITTING A QUESTION OR ISSUE TO THE    701          

ELECTORS AT AN ELECTION, OR FOR THE PURPOSE OF FORMING A           702          

POLITICAL PARTY.                                                                

      Whoever violates this section is guilty of election          704          

falsification, which is a misdemeanor FELONY of the first FIFTH    706          

degree.                                                                         

      Every paper, card, or other document relating to any         708          

election matter which THAT calls for a statement to be made under  710          

penalty of election falsification shall be accompanied by the      711          

following statement in bold face capital letters:  "The penalty    712          

for WHOEVER COMMITS election falsification is imprisonment for     713          

not more than six months, or a fine of not more than one thousand  714          

dollars, or both GUILTY OF A FELONY OF THE FIFTH DEGREE."          716          

      Sec. 3599.37.  (A)  No person having been subpoenaed or      725          

ordered to appear before a grand jury, court, board, or officer    727          

in a proceeding or prosecution upon a complaint, information,      728          

affidavit, or indictment for an offense under an election law      729          

shall fail DO EITHER OF THE FOLLOWING:                                          

      (1)  FAIL to appear or, having appeared, refuse to answer a  731          

question pertinent to the matter under inquiry or investigation;   732          

or refuse                                                          733          

      (2)  REFUSE to produce, upon reasonable notice, any          736          

material, books, papers, documents, or records in his THAT         737          

PERSON'S possession or under his THAT PERSON'S control.            738          

      (B)  Whoever violates DIVISION (A) OF this section shall,    741          

unless he THE VIOLATOR claims his THE VIOLATOR'S constitutional    742          

rights, be fined not less than one hundred nor more than one       744          

thousand dollars or imprisoned not less than thirty days nor more  745          

than six months IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.    746          

                                                          14     

                                                                 
      Sec. 3599.38.  (A)  No judge, clerk ELECTION OFFICIAL,       755          

witness, CHALLENGER, deputy sheriff, special deputy sheriff, OR    757          

police officer, or other election officer, while performing the    758          

THAT PERSON'S duties of his office RELATED TO THE CASTING OF       759          

VOTES, shall wear DO EITHER OF THE FOLLOWING:                      760          

      (1)  WEAR any badge, sign, or other insignia or thing        763          

indicating his THAT PERSON'S preference for any candidate or for   764          

any question submitted or influence AT AN ELECTION;                765          

      (2)  INFLUENCE or attempt to influence any voter to cast     768          

his THE VOTER'S ballot for or against any candidate or issue       770          

submitted at such AN election.                                                  

      (B)  Whoever violates DIVISION (A) OF this section shall be  773          

fined not less than fifty nor more than one hundred dollars and    774          

imprisoned not less than thirty days nor more than six months IS   775          

GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                                    

      Sec. 3599.39.  Any person convicted of a violation of any    784          

provision of Title XXXV of the Revised Code, who is again          785          

convicted of a violation of any such provision, whether such       786          

conviction is for the same offense or not, shall IS on such        788          

second conviction be fined not less than five hundred nor more                  

than one thousand dollars or imprisoned not less than one nor      790          

more than five years, or both GUILTY OF A FELONY OF THE FOURTH     791          

DEGREE, and in addition, such person shall be disfranchised.       792          

      Sec. 3599.40.  Whoever EXCEPT AS OTHERWISE PROVIDED IN       801          

SECTION 3599.39 OF THE REVISED CODE, WHOEVER violates any          802          

provision of Title XXXV of the Revised Code, unless otherwise      803          

provided in such title, is guilty of a misdemeanor of the first    804          

degree.                                                                         

      Section 2.  That existing sections 3599.02, 3599.11,         806          

3599.12, 3599.14, 3599.17, 3599.18, 3599.19, 3599.20, 3599.21,     807          

3599.22, 3599.23, 3599.25, 3599.31, 3599.32, 3599.35, 3599.36,     808          

3599.37, 3599.38, 3599.39, and 3599.40 and section 3599.30 of the  810          

Revised Code are hereby repealed.