As Reconsidered and Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. S. B. No. 116 5
1997-1998 6
SENATORS GARDNER-BLESSING-CUPP-DIX-FINAN-LATTA- 8
SUHADOLNIK-WHITE-NEIN-OELSLAGER-HOWARD-DRAKE-RAY- 9
SCHAFRATH 10
12
A B I L L
To amend sections 3599.02, 3599.11, 3599.12, 14
3599.14, 3599.17, 3599.18, 3599.19, 3599.20, 15
3599.21, 3599.22, 3599.23, 3599.25, 3599.31,
3599.32, 3599.35, 3599.36, 3599.37, 3599.38, 16
3599.39, and 3599.40 and to repeal section
3599.30 of the Revised Code to change certain 18
penalties in the Elections Law and to make other 19
changes in that Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 21
Section 1. That sections 3599.02, 3599.11, 3599.12, 23
3599.14, 3599.17, 3599.18, 3599.19, 3599.20, 3599.21, 3599.22, 24
3599.23, 3599.25, 3599.31, 3599.32, 3599.35, 3599.36, 3599.37, 26
3599.38, 3599.39, and 3599.40 of the Revised Code be amended to 27
read as follows: 28
Sec. 3599.02. No person shall before, during, or after any 37
primary, GENERAL, OR SPECIAL ELECTION OR convention, or election 38
solicit, request, demand, receive, or contract for any money, 40
gift, loan, property, influence, position, employment, or other
thing of value for himself THAT PERSON or FOR another PERSON FOR 42
DOING ANY OF THE FOLLOWING:
(A) For registering REGISTERING or refraining from 44
registering TO VOTE; 45
(B) For agreeing AGREEING to register or to refrain from 47
registering TO VOTE; 48
2
(C) For agreeing AGREEING to vote or refraining TO REFRAIN 51
from voting;
(D) For voting VOTING or refraining from voting at any 53
primary, GENERAL, OR SPECIAL ELECTION OR convention, or election 55
for a particular person, question, or issue;
(E) For registering REGISTERING or voting, or refraining 57
from registering or voting, or voting or refraining from voting 59
for a particular person, question, or issue.
Whoever violates this section is guilty of bribery, and 61
shall be fined not less than one hundred nor more than five 62
hundred dollars or imprisoned not more than one year, or both A 63
FELONY OF THE FOURTH DEGREE, and shall be DISFRANCHISED AND 64
excluded from the right of suffrage and holding any public office 65
for five years next succeeding IMMEDIATELY FOLLOWING such 66
conviction.
Sec. 3599.11. (A) No person shall knowingly register or 75
make application or attempt to register in a precinct in which 76
the person is not a qualified voter; or knowingly aid or abet any 77
person to so register; or attempt to register or knowingly induce 78
or attempt to induce any person to so register; or fraudulently 79
KNOWINGLY impersonate another or write or assume the name of 81
another, real or fictitious, in registering or attempting to 82
register; or by false statement or other unlawful means procure, 83
aid, or attempt to procure the erasure or striking out on the 84
register or duplicate list of the name of a qualified elector 85
therein; or fraudulently KNOWINGLY induce or attempt to induce a 86
registrar or other election authority to refuse registration in a 88
precinct to an elector thereof; or willfully or corruptly 89
KNOWINGLY swear or affirm falsely upon a lawful examination by or 91
before any registrar or registering officer; or make, print, or 92
issue any false or counterfeit certificate of registration or 93
fraudulently KNOWINGLY alter any certificate of registration. 95
No person shall knowingly register under more than one name 97
or knowingly induce any person to so register. 98
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No person shall knowingly make any false statement on any 100
form for registration or change of registration or upon any 101
application or return envelope for an absent voter's ballot. 102
Whoever violates this division is guilty of a felony of the 104
fifth degree. 105
(B) No person who helps another person register outside an 108
official voter registration place shall knowingly destroy, or
knowingly help another person to destroy, any completed 109
registration form, or knowingly fail to return any registration 110
form entrusted to that person to the board of elections on or 111
before the thirtieth day before the election. 112
Whoever violates this division is guilty of a misdemeanor 114
of the first degree. 115
Sec. 3599.12. (A) No person shall vote DO ANY OF THE 124
FOLLOWING: 125
(1) VOTE or attempt to vote in any primary, special, or 128
general election in a precinct in which he THAT PERSON is not a 129
legally qualified voter ELECTOR; or vote 130
(2) VOTE or attempt to vote more than once at the same 133
election BY ANY MEANS, INCLUDING VOTING OR ATTEMPTING TO VOTE 134
BOTH BY ABSENT VOTER'S BALLOTS UNDER DIVISION (B), (C), OR (G) OF 138
SECTION 3503.16 OF THE REVISED CODE AND BY REGULAR BALLOT AT THE 140
POLLS AT THE SAME ELECTION, OR VOTING OR ATTEMPTING TO VOTE BOTH 141
BY ABSENT VOTER'S BALLOTS UNDER DIVISION (B), (C), OR (G) OF 144
SECTION 3503.16 OF THE REVISED CODE AND BY ABSENT VOTER'S BALLOTS 146
UNDER CHAPTER 3509. OR ARMED SERVICE ABSENT VOTER'S BALLOTS UNDER 147
CHAPTER 3511. OF THE REVISED CODE AT THE SAME ELECTION; or 149
impersonate
(3) IMPERSONATE or sign the name of another person, real 152
or fictitious, living or dead, and vote or attempt to vote as 153
such THAT OTHER person in any such election; or vote or attempt 155
to vote at any primary the ballot of a political party with which 156
he has not been affiliated, as required by section 3513.19 of the 158
Revised Code, or with which he did not vote at the last election; 160
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or cast
(4) CAST a ballot at any such election after objection has 163
been made and sustained to his THAT PERSON'S vote; or knowingly 164
(5) KNOWINGLY vote or attempt to vote a ballot other than 167
the official ballot.
(B) Whoever violates DIVISION (A) OF this section is 169
guilty of a felony of the fourth degree. 170
Sec. 3599.14. (A) No person shall knowingly, directly or 179
indirectly, do any of the following in connection with an 181
initiative, supplementary, referendum, recall, local option, or
ANY DECLARATION OF CANDIDACY, DECLARATION OF INTENT TO BE A 183
WRITE-IN CANDIDATE, nominating petition, OR OTHER PETITION 184
PRESENTED TO OR FILED WITH THE SECRETARY OF STATE, A BOARD OF 185
ELECTIONS, OR ANY OTHER PUBLIC OFFICE FOR THE PURPOSE OF BECOMING 186
A CANDIDATE FOR ANY ELECTIVE OFFICE, INCLUDING THE OFFICE OF A 187
POLITICAL PARTY, FOR THE PURPOSE OF SUBMITTING A QUESTION OR 188
ISSUE TO THE ELECTORS AT AN ELECTION, OR FOR THE PURPOSE OF 189
FORMING A POLITICAL PARTY: 190
(1) Misrepresent the contents, purport PURPOSE, or effect 192
of the petition OR DECLARATION for the purpose of persuading a 194
person to sign or refrain from signing the petition OR 195
DECLARATION;
(2) Pay or offer to pay anything of value for signing or 197
refraining from signing the petition OR DECLARATION; 198
(3) Promise to assist any person to obtain appointment to 201
an office or position as a consideration for obtaining or
preventing signatures to the petition OR DECLARATION; 202
(4) Obtain or prevent signatures to the petition OR 204
DECLARATION as a consideration for the assistance or promise of 206
assistance of a person in securing appointment to an office or 207
position;
(5) Circulate or cause to be circulated the petition OR 211
DECLARATION knowing it to contain false, forged, or fictitious 212
names;
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(6) Add signatures or names except his or her THE PERSON'S 214
own name on the petition OR DECLARATION; 215
(7) Make a false certification or statement concerning the 217
petition OR DECLARATION; 218
(8) File with the election authorities the petition OR 221
DECLARATION knowing it to contain false, forged, or fictitious 222
names;
(9) Fail to fill out truthfully and file all itemized 224
statements required by law in connection WITH the petition OR 225
DECLARATION.
(B) As used in division (A) of this section, "referendum 227
petition" includes a referendum petition that is described in and 228
subject to sections 305.31 to 305.41 of the Revised Code. 229
(C) Whoever violates division (A) of this section shall be 232
fined not less than one hundred nor more than five hundred 233
dollars, imprisoned not more than six months, or both IS GUILTY 234
OF A MISDEMEANOR OF THE FIRST DEGREE. 235
Sec. 3599.17. (A) No ELECTIONS OFFICIAL SERVING AS A 244
registrar or, judge, or clerk of elections shall fail DO ANY OF 246
THE FOLLOWING:
(1) FAIL to appear before the board of elections, or its 249
representative, after notice has been served personally upon him 250
THE OFFICIAL or left at his THE OFFICIAL'S usual place of 252
residence, for examination as to his THE OFFICIAL'S 253
qualifications; or fail 254
(2) FAIL to appear at the polling place to which he THE 257
OFFICIAL is assigned at the hour and during the hours set for the 258
registration or election; or fail 259
(3) FAIL to take the oath prescribed by section 3501.31 of 262
the Revised Code, unless excused by such board; or refuse
(4) REFUSE or sanction the refusal of another registrar or 265
judge of elections to administer an oath required by law; or fail 266
(5) FAIL to send notice to the board of the appointment of 269
a judge or clerk to fill a vacancy; or act
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(6) ACT as registrar, judge, or clerk without having been 272
appointed and having received a certificate of appointment, 273
except a judge or clerk appointed to fill a vacancy caused by
absence or removal; or in any other way fail 274
(7) FAIL IN ANY OTHER WAY to perform any duty imposed by 276
law. 277
(B) Whoever violates DIVISION (A) OF this section shall be 280
fined not less than twenty-five nor more than one hundred dollars 281
or imprisoned not more than fifteen days, or both IS GUILTY OF A 282
MISDEMEANOR OF THE FIRST DEGREE.
Sec. 3599.18. (A) No registrar of electors ELECTION 291
OFFICIAL, PERSON ASSISTING IN THE REGISTRATION OF ELECTORS, or 292
police officer shall refuse KNOWINGLY DO ANY OF THE FOLLOWING: 294
(1) REFUSE, neglect, or unnecessarily delay, hinder, or 297
prevent the registration of a qualified voter ELECTOR, who in a 298
lawful manner applies for registration; or enter 299
(2) ENTER or consent to the entry of a fictitious name for 302
registration ON A VOTER REGISTRATION LIST; or alter 303
(3) ALTER the name ON or remove or destroy the 306
registration card or form of any qualified voter ELECTOR; or 307
willfully neglect or corruptly 308
(4) NEGLECT, UNLAWFULLY execute, or fail to execute any 311
duty enjoined upon him THAT PERSON as a registrar AN ELECTION 312
OFFICIAL, PERSON ASSISTING IN THE REGISTRATION OF ELECTORS, OR 313
POLICE OFFICER. 314
(B) Whoever violates DIVISION (A) OF this section shall be 317
fined not less than one hundred nor more than five hundred 318
dollars or imprisoned not more than one year, or both IS GUILTY 319
OF A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 3599.19. (A) No judge or clerk of elections shall 328
unlawfully KNOWINGLY DO ANY OF THE FOLLOWING: 329
(1) UNLAWFULLY open or permit to be opened the sealed 331
package containing registration lists, ballots, blanks, 332
pollbooks, and other papers and material to be used in the AN 333
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election; or unlawfully 334
(2) UNLAWFULLY misplace, carry away, negligently lose or 336
permit to be taken from him THE JUDGE OR CLERK, fail to deliver, 338
or destroy any such packages, papers, or material; or knowingly 339
receive
(3) RECEIVE or sanction the reception of a ballot from a 342
person not a qualified elector or from a person who refused to 343
answer a question in accordance with the election law; or refuse 344
(4) REFUSE to receive or sanction the rejection of a 347
ballot from a person, knowing him THAT PERSON to be a qualified 348
elector; or knowingly permit 349
(5) PERMIT a fraudulent ballot to be placed in the ballot 352
box; or place
(6) PLACE or permit to be placed in any ballot box any 354
ballot known by him THE JUDGE OR CLERK to be improperly or 355
fraudulently FALSELY marked; or knowingly count 357
(7) COUNT or permit to be counted any illegal or 359
fraudulent ballot; or mislead 361
(8) MISLEAD an elector who is physically unable to prepare 363
his THE ELECTOR'S ballot; or, mark a ballot for such elector 365
otherwise than as directed by him; THAT ELECTOR, or disclose to 367
any person, except when legally required to do so, how such 370
elector voted; or when counting the ballots alter 371
(9) ALTER or mark or permit any alteration or marking on 373
any ballot WHEN COUNTING THE BALLOTS; or wrongfully 374
(10) UNLAWFULLY count or tally or sanction the wrongful 376
counting or tallying of votes; or after 377
(11) AFTER the counting of votes commences, as required by 380
law, postpone or sanction the postponement of the counting of 381
votes, adjourn at any time or to any place, or remove the ballot 382
box from the place of voting, or from the custody or presence of 383
all the judges and clerks of such elections; or permit 384
(12) PERMIT any ballot to remain or to be in the ballot 386
box at the opening of the polls, or to be put therein IN THE BOX 387
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during the counting of the ballots, or to be left therein IN THE 389
BOX without being counted; or admit 391
(13) ADMIT or sanction the admission to the polling room 393
at an election during the receiving, counting, and certifying of 394
votes of any person not qualified by law to be so admitted; or 395
refuse 396
(14) REFUSE to admit or sanction the refusal to admit any 398
person, upon lawful request therefor FOR ADMISSION, who is 400
legally qualified to be present; or permit 402
(15) PERMIT or sanction the counting of the ballots 404
contrary to the manner prescribed by law; or willfully neglect 406
(16) NEGLECT or corruptly UNLAWFULLY execute any duty 409
enjoined upon him THE JUDGE OR CLERK by law.
(B) Whoever violates DIVISION (A) OF this section shall be 412
fined not less than one hundred nor more than five hundred 413
dollars or imprisoned not less than three nor more than six 414
months, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 415
Sec. 3599.20. No person shall attempt to induce an elector 424
to show how he THE ELECTOR marked his THE ELECTOR'S ballot at an 426
election; or, being an elector, allow his THE ELECTOR'S ballot to 427
be seen by another, except as provided by section 3505.24 of the 428
Revised Code, with the apparent intention of letting it be known 429
how he THE ELECTOR is about to vote; or make a false statement as 431
to his THE ELECTOR'S ability to mark his THE ballot; or purposely 432
KNOWINGLY mark his THE ballot so it may be identified after it 434
has been cast; or attempt to interfere with an elector in the 436
voting booth when marking his THE ELECTOR'S ballot; or willfully 438
KNOWINGLY destroy or mutilate a lawful ballot; or remove from the 440
polling place or be found in unlawful possession of a lawful 441
ballot outside the enclosure provided for voting; or willfully 442
KNOWINGLY hinder or delay the delivery of a lawful ballot to a 444
person entitled to receive it; or give to an elector a ballot 445
printed or written contrary to law; or forge or falsely make an
official indorsement on a ballot. 446
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Whoever violates this section shall be fined not less than 448
twenty-five nor more than five hundred dollars or imprisoned not 449
more than six months, or both IS GUILTY OF A FELONY OF THE FIFTH 450
DEGREE.
Sec. 3599.21. (A) No person shall impersonate KNOWINGLY 459
DO ANY OF THE FOLLOWING: 461
(1) IMPERSONATE another, or make a false representation in 464
order to obtain an absent voter's ballot; or knowingly connive to 465
help
(2) AID OR ABET a person to vote an absent voter's ballot 468
illegally; or being
(3) IF THE PERSON IS an election official, open, destroy, 471
steal, mark, or mutilate any absent voter's ballot; or 473
(4) AID OR abet another PERSON to open, destroy, steal, 476
mark, or mutilate any absent voter's ballot after the ballot has 477
been voted; or delay 478
(5) DELAY the delivery of any such ballot with a view to 481
preventing its arrival in time to be counted; or hinder 482
(6) HINDER or attempt to hinder the delivery or counting 484
of such absent voter's ballot; 486
(7) FAIL TO FORWARD TO THE APPROPRIATE ELECTION OFFICIAL 488
AN ABSENT VOTER'S BALLOT APPLICATION ENTRUSTED TO THAT PERSON TO 489
SO FORWARD.
(B) Whoever violates DIVISION (A) OF this section is 491
guilty of a felony of the fourth degree. 492
Sec. 3599.22. (A) No person employed to print or engage 501
in printing the official ballots shall print KNOWINGLY DO ANY OF 503
THE FOLLOWING:
(1) PRINT or cause or permit to be printed an official 505
ballot other than according to the copy OFFICIAL BALLOT furnished 506
him by the board of elections or a false or fraudulent ballot; or 509
print;
(2) PRINT or permit to be printed more ballots than are 513
delivered to the board; or appropriate
10
(3) APPROPRIATE, give, deliver, or knowingly permit to be 517
taken away any of such ballots by a person other than the person
authorized by law to do so; or print 518
(4) PRINT such ballots on paper other than that provided 520
in the contract with the board; or willfully seal up or cause or 521
permit to be sealed up in packages 522
(5) PACKAGE or deliver to the board a less number of FEWER 525
ballots than the number indorsed thereon THE BOARD DIRECTED TO BE 526
PRINTED.
(B) Whoever violates DIVISION (A) OF this section shall be 529
fined not less than two hundred nor more than one thousand 530
dollars or imprisoned not more than six months, or both IS GUILTY 531
OF A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 3599.23. (A) No printer or other person entrusted 540
with the printing, custody, or delivery of registration cards or 542
forms, ballots, blanks, pollbooks, cards of instruction, or other 543
required papers shall unlawfully DO ANY OF THE FOLLOWING: 544
(1) KNOWINGLY AND UNLAWFULLY open or permit to be opened a 547
sealed package containing ballots or other printed forms; or give 548
(2) KNOWINGLY GIVE or deliver to another not lawfully 550
entitled thereto TO THEM, or unlawfully misplace or carry away, 553
or negligently lose or permit to be taken from him, or KNOWINGLY 555
fail to deliver, or KNOWINGLY destroy any such forms or packages 557
of ballots, or a ballot, pollbooks, cards of instruction, or 558
other required papers; 559
(3) NEGLIGENTLY LOSE OR PERMIT TO BE TAKEN FROM THE 561
PRINTER OR OTHER ENTRUSTED PERSON ANY OF THE MATERIALS DESCRIBED 562
IN DIVISION (A)(2) OF THIS SECTION. 563
(B) No person entrusted with the preparation, custody, or 565
delivery of marking devices shall unlawfully DO EITHER OF THE 567
FOLLOWING:
(1) UNLAWFULLY open or permit to be opened a sealed 569
package containing marking devices, or give or deliver to another 570
not lawfully entitled thereto, or unlawfully TO THEM ANY SUCH 571
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MARKING DEVICES;
(2) UNLAWFULLY or carelessly use or negligently lose or 573
permit to be taken from him THE PRINTER OR OTHER ENTRUSTED PERSON 575
and fail to deliver or destroy, any such marking devices. 576
(C) Whoever violates DIVISION (A)(1) OR (2) OR (B) OF this 580
section shall be fined not less than one hundred dollars or 581
imprisoned not more than one year, or both IS GUILTY OF A
MISDEMEANOR OF THE FIRST DEGREE. WHOEVER VIOLATES DIVISION 583
(A)(3) OF THIS SECTION IS GUILTY OF A MISDEMEANOR OF THE SECOND
DEGREE. 584
Sec. 3599.25. (A) No person shall counsel KNOWINGLY DO 593
ANY OF THE FOLLOWING: 595
(1) COUNSEL or advise another to vote at an election, 598
knowing that he THE PERSON is not a qualified voter; or advise 599
(2) ADVISE, aid, or assist another person to go or come 601
into a precinct for the purpose of voting therein IN IT, knowing 603
that such person is not qualified to vote therein IN IT; or 605
counsel
(3) COUNSEL, advise, or attempt to induce an election 607
officer to permit a person to vote, knowing such person is not a 609
qualified elector.
(B) Whoever violates DIVISION (A) OF this section shall be 612
fined not less than one hundred nor more than five hundred 613
dollars or imprisoned not less than one nor more than six months, 614
or both IS GUILTY OF A FELONY OF THE FOURTH DEGREE.
Sec. 3599.31. No officer of the law shall fail to obey 623
forthwith an order of the presiding judge and aid in enforcing a 624
lawful order of the presiding judges at an election, against 625
persons unlawfully congregating or loitering within one hundred 626
feet of a polling place, hindering or delaying an elector from 627
reaching or leaving the polling place, soliciting or attempting,
within one hundred feet of the polling place, to influence an 628
elector in casting his THE ELECTOR'S vote, or interfering with 629
the registration of voters or casting and counting of the 630
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ballots.
Whoever violates this section shall be fined not less than 632
fifty nor more than one thousand dollars or imprisoned not more 634
than thirty days, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST 635
DEGREE.
Sec. 3599.32. No official upon whom a duty is imposed by 644
an election law for the violation of which no penalty is 645
otherwise provided shall willfully KNOWINGLY disobey such 646
election law.
Whoever violates this section shall be fined not less than 648
fifty nor more than one thousand dollars or imprisoned not more 650
than one year, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST 651
DEGREE.
Sec. 3599.35. No party committeeman COMMITTEEPERSON or 660
party delegate or alternate chosen at an election, or a delegate 661
or alternate appointed to a convention provided by law, shall 662
give or issue a proxy or authority to another person to act or 663
vote in his THAT PERSON'S stead. 664
No person shall knowingly or fraudulently act or vote or 666
attempt to impersonate, act, or vote in place of such 667
committeeman or THAT COMMITTEEPERSON, delegate, OR ALTERNATE. 669
Whoever violates this section shall be fined not less than 671
fifty nor more than five hundred dollars or imprisoned not more 673
than sixty days, or both IS GUILTY OF A MISDEMEANOR OF THE FIRST 674
DEGREE.
Sec. 3599.36. No person, either orally or in writing, on 683
oath lawfully administered or in a statement made under penalty 684
of election falsification, shall purposely KNOWINGLY state a 685
falsehood as to a material matter relating to an election in a 687
proceeding before a court, tribunal, or officer created by law 688
ELECTION OFFICIAL, or in a matter in relation to which an oath or 690
statement under penalty of election falsification is authorized 691
by law, including a statement required for verifying or filing a 692
ANY DECLARATION OF CANDIDACY, DECLARATION OF INTENT TO BE A 694
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WRITE-IN CANDIDATE, nominating, initiative, supplementary, 696
referendum, or recall petition, or OTHER petition paper PRESENTED 698
TO OR FILED WITH THE SECRETARY OF STATE, A BOARD OF ELECTIONS, OR 699
ANY OTHER PUBLIC OFFICE FOR THE PURPOSE OF BECOMING A CANDIDATE 700
FOR ANY ELECTIVE OFFICE, INCLUDING THE OFFICE OF A POLITICAL 701
PARTY, FOR THE PURPOSE OF SUBMITTING A QUESTION OR ISSUE TO THE 702
ELECTORS AT AN ELECTION, OR FOR THE PURPOSE OF FORMING A 703
POLITICAL PARTY.
Whoever violates this section is guilty of election 705
falsification, which is a misdemeanor FELONY of the first FIFTH 707
degree.
Every paper, card, or other document relating to any 709
election matter which THAT calls for a statement to be made under 711
penalty of election falsification shall be accompanied by the 712
following statement in bold face capital letters: "The penalty 713
for WHOEVER COMMITS election falsification is imprisonment for 714
not more than six months, or a fine of not more than one thousand 715
dollars, or both GUILTY OF A FELONY OF THE FIFTH DEGREE." 717
Sec. 3599.37. (A) No person having been subpoenaed or 726
ordered to appear before a grand jury, court, board, or officer 728
in a proceeding or prosecution upon a complaint, information, 729
affidavit, or indictment for an offense under an election law 730
shall fail DO EITHER OF THE FOLLOWING:
(1) FAIL to appear or, having appeared, refuse to answer a 732
question pertinent to the matter under inquiry or investigation; 733
or refuse 734
(2) REFUSE to produce, upon reasonable notice, any 737
material, books, papers, documents, or records in his THAT 738
PERSON'S possession or under his THAT PERSON'S control. 739
(B) Whoever violates DIVISION (A) OF this section shall, 742
unless he THE VIOLATOR claims his THE VIOLATOR'S constitutional 743
rights, be fined not less than one hundred nor more than one 745
thousand dollars or imprisoned not less than thirty days nor more 746
than six months IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE. 747
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Sec. 3599.38. (A) No judge, clerk ELECTION OFFICIAL, 756
witness, CHALLENGER, deputy sheriff, special deputy sheriff, OR 758
police officer, or other election officer, while performing the 759
THAT PERSON'S duties of his office RELATED TO THE CASTING OF 760
VOTES, shall wear DO EITHER OF THE FOLLOWING: 761
(1) WEAR any badge, sign, or other insignia or thing 764
indicating his THAT PERSON'S preference for any candidate or for 765
any question submitted or influence AT AN ELECTION; 766
(2) INFLUENCE or attempt to influence any voter to cast 769
his THE VOTER'S ballot for or against any candidate or issue 771
submitted at such AN election.
(B) Whoever violates DIVISION (A) OF this section shall be 774
fined not less than fifty nor more than one hundred dollars and 775
imprisoned not less than thirty days nor more than six months IS 776
GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.
Sec. 3599.39. Any person convicted of a violation of any 785
provision of Title XXXV of the Revised Code, who is again 786
convicted of a violation of any such provision, whether such 787
conviction is for the same offense or not, shall IS on such 789
second conviction be fined not less than five hundred nor more
than one thousand dollars or imprisoned not less than one nor 791
more than five years, or both GUILTY OF A FELONY OF THE FOURTH 792
DEGREE, and in addition, such person shall be disfranchised. 793
Sec. 3599.40. Whoever EXCEPT AS OTHERWISE PROVIDED IN 802
SECTION 3599.39 OF THE REVISED CODE, WHOEVER violates any 803
provision of Title XXXV of the Revised Code, unless otherwise 804
provided in such title, is guilty of a misdemeanor of the first 805
degree.
Section 2. That existing sections 3599.02, 3599.11, 807
3599.12, 3599.14, 3599.17, 3599.18, 3599.19, 3599.20, 3599.21, 808
3599.22, 3599.23, 3599.25, 3599.31, 3599.32, 3599.35, 3599.36, 809
3599.37, 3599.38, 3599.39, and 3599.40 and section 3599.30 of the 811
Revised Code are hereby repealed.