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
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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
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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;
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(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
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(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
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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
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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
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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
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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
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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
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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.