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           

                                                          3      

                                                                 
      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          

                                                          4      

                                                                 
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;                                                                          

                                                          5      

                                                                 
      (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                                      

                                                          6      

                                                                 
      (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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
      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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
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          

                                                          14     

                                                                 
      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.