SENATORS Coughlin, Armbruster, Fedor, Harris, Jacobson, Roberts, White, Prentiss, Padgett, DiDonato, Spada

To amend sections 124.57, 3501.05, 3501.10, 3501.28,

1

3506.01, 3506.05, 3506.06, 3506.10, 3509.07,

2

3513.052, 3517.109, 3517.1010, 3519.16, 4117.03,

3

4301.323, 4301.355, and 4301.365 and to enact

4

sections 3506.17, 3506.18, and 3506.19 of the

5

Revised Code and to amend Section 99 of Am. Sub.

6

H.B. 95 of the 125th General Assembly to revise

7

the Election Law, the Liquor Control Law, the

8

Collective Bargaining Law, or the Campaign Finance

9

Law by increasing the maximum poll worker pay,

10

permitting employees of the state and of political

11

subdivisions to work as judges of elections and

12

receive poll worker pay in addition to their

13

regular employment compensation under certain

14

circumstances, eliminating the required ballot

15

language describing certain past local option

16

elections when a local option election is held on

17

sales of alcoholic beverages at a specific

18

location, changing the ballot language for certain

19

of those local option elections to specify that

20

the election applies to spirituous liquor instead

21

of intoxicating liquor, establishing requirements

22

for protests against initiative or referendum

23

petitions, prohibiting collective bargaining

24

between county boards of elections and their

25

employees, requiring all direct recording

26

electronic voting machines used in this state to

27

include a voter verified paper audit trail,

28

changing the process for counties to acquire

29

voting systems using funds made available pursuant

30

to the Help America Vote Act of 2002, changing the

31

applicability of the law relative to the disposal

32

of excess funds and excess aggregate

33

contributions, and making other changes, and to

34

make an appropriation.

35

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

Section 1.  That sections 124.57, 3501.05, 3501.10, 3501.28,	36
3506.01, 3506.05, 3506.06, 3506.10, 3509.07, 3513.052, 3517.109,	37
3517.1010, 3519.16, 4117.03, 4301.323, 4301.355, and 4301.365 be	38
amended and sections 3506.17, 3506.18, and 3506.19 of the Revised	39
Code be enacted to read as follows:	40

Sec. 124.57.  (A) No officer or employee in the classified	41
service of the state, the several counties, cities, and city	42
school districts thereofof the state, andor the civil service	43
townships,of the state shall directly or indirectly, orally or by	44
letter, solicit or receive, or be in any manner concerned in	45
soliciting or receiving, any assessment, subscription, or	46
contribution for any political party or for any candidate for	47
public office; nor shall any person solicit directly or	48
indirectly, orally or by letter, or be in any manner concerned in	49
soliciting, any such assessment, contribution, or payment from any	50
officer or employee in the classified service of the state and,	51
the several counties, cities, or city school districts thereofof	52
the state, or the civil service townships of the state; nor shall	53
any officer or employee in the classified service of the state,	54
the several counties, cities, and city school districts thereofof	55
the state, andor the civil service townships,of the state be an	56
officer in any political organization or take part in politics	57
other than to vote as the officer or employee pleases and to	58
express freely political opinions.	59

(B)(1) Nothing in division (A) of this section prohibits an	60
officer or employee described in that division from serving as a	61
precinct election official under section 3501.22 of the Revised	62
Code. An officer or employee who serves as a precinct election	63
official may use vacation leave to so serve.	64

(2) Nothing in division (A) of this section prohibits an	65
employee of the Ohio cooperative extension service whose position	66
is transferred from the unclassified civil service to the	67
classified civil service and who also holds the office of	68
president of a city legislative authority from completing the	69
existing term of office as president.	70

Sec. 3501.05.  The secretary of state shall do all of the	71
following:	72

(A) Appoint all members of boards of elections;

73

(B) Issue instructions by directives and advisories to	74
members of the boards as to the proper methods of conducting	75
elections;	76

(C) Prepare rules and instructions for the conduct of	77
elections;	78

(D) Publish and furnish to the boards from time to time a	79
sufficient number of indexed copies of all election laws then in	80
force;	81

(E) Edit and issue all pamphlets concerning proposed laws or	82
amendments required by law to be submitted to the voters;	83

(F) Prescribe the form of registration cards, blanks, and	84
records;	85

(G) Determine and prescribe the forms of ballots and the	86
forms of all blanks, cards of instructions, pollbooks, tally	87
sheets, certificates of election, and forms and blanks required by	88
law for use by candidates, committees, and boards;	89

(H) Prepare the ballot title or statement to be placed on the	90
ballot for any proposed law or amendment to the constitution to be	91
submitted to the voters of the state;	92

(I) Certify to the several boards the forms of ballots and	93
names of candidates for state offices, and the form and wording of	94
state referendum questions and issues, as they shall appear on the	95
ballot;	96

(J) Give final approval to ballot language for any local	97
question or issue approved and transmitted by boards of elections	98
under section 3501.11 of the Revised Code;	99

(K) Receive all initiative and referendum petitions on state	100
questions and issues and determine and certify to the sufficiency	101
of those petitions;	102

(L) Require such reports from the several boards as are	103
provided by law, or as the secretary of state considers necessary;	104

(M) Compel the observance by election officers in the several	105
counties of the requirements of the election laws;	106

(N)(1) Except as otherwise provided in division (N)(2) of	107
this section, investigate the administration of election laws,	108
frauds, and irregularities in elections in any county, and report	109
violations of election laws to the attorney general or prosecuting	110
attorney, or both, for prosecution;	111

(2) On and after August 24, 1995, report a failure to comply	112
with or a violation of a provision in sections 3517.08 to 3517.13,	113
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	114
Revised Code, whenever the secretary of state has or should have	115
knowledge of a failure to comply with or a violation of a	116
provision in one of those sections, by filing a complaint with the	117
Ohio elections commission under section 3517.153 of the Revised	118
Code;	119

(O) Make an annual report to the governor containing the	120
results of elections, the cost of elections in the various	121
counties, a tabulation of the votes in the several political	122
subdivisions, and other information and recommendations relative	123
to elections the secretary of state considers desirable;	124

(P) Prescribe and distribute to boards of elections a list of	125
instructions indicating all legal steps necessary to petition	126
successfully for local option elections under sections 4301.32 to	127
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	128

(Q) Prescribe a general program to remove ineligible voters	129
from official registration lists by reason of change of residence,	130
which shall be uniform, nondiscriminatory, and in compliance with	131
the Voting Rights Act of 1965 and the National Voter Registration	132
Act of 1993, including a program that uses the national change of	133
address service provided by the United States postal system	134
through its licensees;	135

(R) Prescribe a general program for registering voters or	136
updating voter registration information, such as name and	137
residence changes, at designated agencies, the offices of deputy	138
registrars of motor vehicles, public high schools and vocational	139
schools, public libraries, and the offices of county treasurers,	140
and prescribe a program of distribution of voter registration	141
forms through those agencies, the offices of the registrar and	142
deputy registrars of motor vehicles, public high schools and	143
vocational schools, public libraries, and the offices of county	144
treasurers;	145

(S) To the extent feasible, provide copies, at no cost and	146
upon request, of the voter registration form in post offices in	147
this state;	148

(T) Adopt rules pursuant to section 111.15 of the Revised	149
Code for the purpose of implementing the program for registering	150
voters at designated agencies and the offices of the registrar and	151
deputy registrars of motor vehicles consistent with this chapter;	152

(U) Specify, by a directive issued not later than thirty-five	153
days prior to the date of an election, the date by which the	154
boards shall complete the canvass of election returns under	155
section 3505.32 or 3513.22 of the Revised Code;	156

(V) Establish the full-time position of Americans with	157
Disabilities Act coordinator within the office of the secretary of	158
state to do all of the following:	159

(1) Assist the secretary of state with ensuring that there is	160
equal access to polling places for persons with disabilities;	161

(2) Assist the secretary of state with ensuring that each	162
voter may cast the voter's ballot in a manner that provides the	163
same opportunity for access and participation, including privacy	164
and independence, as for other voters;	165

(3) Advise the secretary of state in the development of	166
standards for the certification of voting machines, marking	167
devices, and automatic tabulating equipment.	168

(W) Perform other duties required by law.

169

Whenever a primary election is held under section 3513.32 of	170
the Revised Code or a special election is held under section	171
3521.03 of the Revised Code to fill a vacancy in the office of	172
representative to congress, the secretary of state shall establish	173
a deadline, notwithstanding any other deadline required under the	174
Revised Code, by which any or all of the following shall occur:	175
the filing of a declaration of candidacy and petitions or a	176
statement of candidacy and nominating petition together with the	177
applicable filing fee; the filing of protests against the	178
candidacy of any person filing a declaration of candidacy or	179
nominating petition; the filing of a declaration of intent to be a	180
write-in candidate; the filing of campaign finance reports; the	181
preparation of, and the making of corrections or challenges to,	182
precinct voter registration lists; the receipt of applications for	183
absent voter's ballots or armed service absent voter's ballots;	184
the supplying of election materials to precincts by boards of	185
elections; the holding of hearings by boards of elections to	186
consider challenges to the right of a person to appear on a voter	187
registration list; and the scheduling of programs to instruct or	188
reinstruct election officers.	189

In the performance of the secretary of state's duties as the	190
chief election officer, the secretary of state may administer	191
oaths, issue subpoenas, summon witnesses, compel the production of	192
books, papers, records, and other evidence, and fix the time and	193
place for hearing any matters relating to the administration and	194
enforcement of the election laws.	195

In any controversy involving or arising out of the adoption	196
of registration or the appropriation of funds for registration,	197
the secretary of state may, through the attorney general, bring an	198
action in the name of the state in the court of common pleas of	199
the county where the cause of action arose or in an adjoining	200
county, to adjudicate the question.	201

In any action involving the laws in Title XXXV of the Revised	202
Code wherein the interpretation of those laws is in issue in such	203
a manner that the result of the action will affect the lawful	204
duties of the secretary of state or of any board of elections, the	205
secretary of state may, on the secretary of state's motion, be	206
made a party.	207

The secretary of state may apply to any court that is hearing	208
a case in which the secretary of state is a party, for a change of	209
venue as a substantive right, and the change of venue shall be	210
allowed, and the case removed to the court of common pleas of an	211
adjoining county named in the application or, if there are cases	212
pending in more than one jurisdiction that involve the same or	213
similar issues, the court of common pleas of Franklin county.	214

Public high schools and vocational schools, public libraries,	215
and the office of a county treasurer shall implement voter	216
registration programs as directed by the secretary of state	217
pursuant to this section.	218

Sec. 3501.10.  (A) The board of elections shall, as an	219
expense of the board, provide suitable rooms for its offices and	220
records and the necessary and proper furniture and supplies for	221
suchthose rooms. The board may lease such offices and rooms,	222
necessary to its operation, for suchthe length of time and upon	223
suchthe terms as the board deems in the best interests of the	224
public, provided that the term of any such lease shall not exceed	225
fifteen years.	226

Thirty days prior to entering into such a lease, the board	227
shall notify the board of county commissioners in writing of its	228
intent to enter into the lease. The notice shall specify the terms	229
and conditions of the lease. Prior to the thirtieth day after	230
receiving that notice and before any lease is entered into, the	231
board of county commissioners may reject the proposed lease by a	232
majority vote. After receiving written notification of the	233
rejection by the board of county commissioners, the board of	234
elections shall not enter into the lease that was rejected, but	235
may immediately enter into additional lease negotiations, subject	236
to the requirements of this section.	237

The board of elections in any county may, by resolution,	238
request that the board of county commissioners submit to the	239
electors of the county, in accordance with section 133.18 of the	240
Revised Code, the question of issuing bonds for the acquisition of	241
real estate and the construction on it of a suitable building with	242
necessary furniture and equipment for the proper administration of	243
the duties of the board of elections. The resolution declaring the	244
necessity for issuing such bonds shall relate only to the	245
acquisition of real estate and to the construction, furnishing,	246
and equipping of a building as provided in this division.	247

(B) The board of elections in each county shall keep its	248
offices, or one or more of its branch registration offices, open	249
for the performance of its duties an additional seven hours each	250
week for three weeks before the closeuntil nine p.m. on the last	251
day of registration before a general or primary election. At all	252
other times during each week, the board shall keep its offices and	253
rooms open for a period of time that suchthe board considers	254
necessary for the performance of its duties.	255

(C) The board of elections may maintain permanent or	256
temporary branch offices at any place within the county.	257

Sec. 3501.28.  (A) As used in this section:

258

(1) "Fair Labor Standards Act" or "Act" means the "Fair Labor	259
Standards Act of 1938," 52 Stat. 1062, 29 U.S.C.A. 201, as	260
amended.	261

(2) "Full election day" means the period of time between the	262
opening of the polls and the completion of the procedures	263
contained in section 3501.26 of the Revised Code.	264

(3) "Services" means services at each general, primary, or	265
special election.	266

(B) For any election held in 1997 on or after the effective	267
date of this amendment, each judge of an election in a county	268
shall be paid for the judge's services at the same hourly rate,	269
which shall be the minimum hourly rate established by the Fair	270
Labor Standards Act.	271

(C) Beginning with calendar year 1998, each judge of an	272
election in a county shall be paid for the judge's services at the	273
same hourly rate, which shall be not less than the minimum hourly	274
rate established by the Fair Labor Standards Act and not more than	275
eighty-five dollars per diem.	276

(C) Beginning with calendar year 2004, each judge of an	277
election in a county shall be paid for the judge's services at the	278
same hourly rate, which shall be not less than the minimum hourly	279
rate established by the Fair Labor Standards Act and not more than	280
ninety-five dollars per diem.	281

(D) Beginning with calendar year 1998, theThe secretary of	282
state shall establish, by rule adopted under section 111.15 of the	283
Revised Code, the maximum amount of per diem compensation that may	284
be paid to judges of an election under this section each time the	285
Fair Labor Standards Act is amended to increase the minimum hourly	286
rate established by the act. Upon learning of such an increase,	287
the secretary of state shall determine by what percentage the	288
minimum hourly rate has been increased under the act and establish	289
a new maximum amount of per diem compensation that judges of an	290
election may be paid under this section that is increased by the	291
same percentage that the minimum hourly rate has been increased	292
under the act.	293

(E)(1) Beginning with calendar year 1990, no(a) No board of	294
elections shall increase the pay of a judge of an election under	295
this section during a calendar year unless the board has given	296
written notice of the proposed increase to the board of county	297
commissioners not later than the first day of October of the	298
preceding calendar year. Beginning with calendar year 1998, except	299

(b) Except as otherwise provided in division (E)(2) of this	300
section, noa board of elections shallmay increase the pay of a	301
judge of an election during a calendar year by more thanup to,	302
but not exceeding, nine per cent over the compensation paid to a	303
judge of an election in the county where the board is located	304
during the previous calendar year, if the compensation so paid	305
during the previous calendar year was eighty-five dollars or less	306
per diem.	307

(c) Except as otherwise provided in division (E)(2) of this	308
section, a board of elections may increase the pay of a judge of	309
an election during a calendar year by up to, but not exceeding,	310
four and one-half per cent over the compensation paid to a judge	311
of an election in the county where the board is located during the	312
previous calendar year, if the compensation so paid during the	313
previous calendar year was more than eighty-five but less than	314
ninety-five dollars per diem.	315

(2) The board of county commissioners may review and comment	316
upon a proposed increase and may enter into a written agreement	317
with a board of elections to permit an increase in the	318
compensation paid to judges of an election for their services	319
during a calendar year that is greater than the nine per cent	320
applicable percentage limitation described in division (E)(1)(b)	321
or (c) of this section.	322

(F) No judge of an election who works less than the full	323
election day shall be paid the maximum amount allowed under this	324
section or the maximum amount as set by the board of elections,	325
whichever is less.	326

(G)(1) Except as otherwise provided in divisions (G)(4) to	327
(6) of this section, any employee of the state or of any political	328
subdivision of the state may serve as a judge of elections on the	329
day of an election without loss of the employee's regular	330
compensation for that day as follows:	331

(a) For employees of a county office, department, commission,	332
board, or other entity, or of a court of common pleas, county	333
court, or county-operated municipal court, as defined in section	334
1901.03 of the Revised Code, the employee's appointing authority	335
may permit leave with pay for this service in accordance with a	336
resolution setting forth the terms and conditions for that leave	337
passed by the board of county commissioners.	338

(b) For all other employees of a political subdivision of the	339
state, leave with pay for this service shall be subject to the	340
terms and conditions set forth in an ordinance or a resolution	341
passed by the legislative authority of the applicable political	342
subdivision.	343

(c) For state employees, leave with pay for this service	344
shall be subject to the terms and conditions set forth by the head	345
of the state agency, as defined in section 1.60 of the Revised	346
Code, by which the person is employed.	347

(2) Any terms and conditions set forth by a board of county	348
commissioners, legislative authority of a political subdivision,	349
or head of a state agency under division (G)(1) of this section	350
shall include a standard procedure for deciding which employees	351
are permitted to receive leave with pay if multiple employees of	352
an entity or court described in division (G)(1)(a) of this	353
section, of an entity of a political subdivision described in	354
division (G)(1)(b) of this section, or of a state agency as	355
defined in section 1.60 of the Revised Code apply to serve as a	356
judge of elections on the day of an election. This procedure shall	357
be applied uniformly to all similarly situated employees.	358

(3) Any employee who is eligible for leave with pay under	359
division (G)(1) of this section shall receive, in addition to the	360
employee's regular compensation, the compensation paid to the	361
judge of an election under division (B), (C), or (D) of this	362
section.	363

(4) Division (G)(1) of this section does not apply to either	364
of the following:	365

(a) Election officials;

366

(b) Public school teachers.

367

(5) Nothing in division (G)(1) of this section supersedes or	368
negates any provision of a collective bargaining agreement in	369
effect under Chapter 4117. of the Revised Code.	370

(6) If a board of county commissioners, legislative authority	371
of a political subdivision, or head of a state agency fails to set	372
forth any terms and conditions under division (G)(1) of this	373
section, an employee of an entity or court described in division	374
(G)(1)(a) of this section, of an entity of a political subdivision	375
described in division (G)(1)(b) of this section, or of a state	376
agency as defined in section 1.60 of the Revised Code may use	377
personal leave, vacation leave, or compensatory time, or take	378
unpaid leave, to serve as a judge of elections on the day of an	379
election.	380

(H) The board of elections may withhold the compensation of	381
any precinct official for failure to obey the instructions of the	382
board or to comply with the law relating to the duties of such	383
precinct judge. Any payment a judge of an election is entitled to	384
receive under section 3501.36 of the Revised Code is in addition	385
to the compensation the judge is entitled to receive under this	386
section.	387

Sec. 3506.01.  As used in this chapter and Chapters 3501.,	388
3503., 3505., 3509., 3511., 3513., 3515., 3517., 3519., 3521.,	389
3523., and 3599. of the Revised Code:	390

(A) "Marking device" means an apparatus operated by a voter	391
to record histhe voter's choices through the piercing or marking	392
of ballots enabling them to be examined and counted by automatic	393
tabulating equipment.	394

(B) "Ballot" means the official election presentation of	395
offices and candidates, including write-in candidates, and of	396
questions and issues, and the means by which votes are recorded.	397

(C) "Automatic tabulating equipment" means a machine or	398
interconnected or interrelated machines that will automatically	399
examine and count votes recorded on ballots.	400

(D) "Central counting station" means a location, or one of a	401
number of locations, designated by the board of elections for the	402
automatic examining, sorting, or counting of ballots.	403

(E) "Voting machines" means mechanical or electronic	404
equipment for the direct recording and tabulation of votes.	405

(F) "Direct recording electronic voting machine" means a	406
voting machine that records votes by means of a ballot display	407
provided with mechanical or electro-optical components that can be	408
actuated by the voter, that processes the data by means of a	409
computer program, and that records voting data and ballot images	410
in internal or external memory components. A "direct recording	411
electronic voting machine" produces a tabulation of the voting	412
data stored in a removable memory component and in printed copy.	413

(G) "Help America Vote Act of 2002" means the "Help America	414
Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.	415

(H) "Voter verified paper audit trail" means a physical paper	416
printout on which the voter's ballot choices, as registered by a	417
direct recording electronic voting machine, are recorded. The	418
voter shall be permitted to visually or audibly inspect the	419
contents of the physical paper printout. The physical paper	420
printout shall be securely retained at the polling place until the	421
close of the polls on the day of the election; the secretary of	422
state shall adopt rules under Chapter 119. of the Revised Code	423
specifying the manner of storing the physical paper printout at	424
the polling place. After the physical paper printout is produced,	425
but before the voter's ballot is recorded, the voter shall have an	426
opportunity to accept or reject the contents of the printout as	427
matching the voter's ballot choices. If a voter rejects the	428
contents of the physical paper printout, the system that produces	429
the voter verified paper audit trail shall invalidate the printout	430
and permit the voter to recast the voter's ballot. On and after	431
the first federal election that occurs after January 1, 2006,	432
unless required sooner by the Help America Vote Act of 2002, any	433
system that produces a voter verified paper audit trail shall be	434
accessible to disabled voters, including visually impaired voters,	435
in the same manner as the direct recording electronic voting	436
machine that produces it.	437

Sec. 3506.05.  (A) As used in this section, except when used	438
as part of the phrase "tabulating equipment" or "automatic	439
tabulating equipment":	440

(1) "Equipment" means a voting machine, marking device,	441
automatic tabulating equipment, or software;.	442

(2) "Vendor" means the person that owns, manufactures,	443
distributes, or has the legal right to control the use of	444
equipment, or histhe person's agent.	445

(B) No voting machine, marking device, automatic tabulating	446
equipment, or software for the purpose of casting or tabulating	447
votes or for communications among systems involved in the	448
tabulation, storage, or casting of votes shall be purchased,	449
leased, put in use, or continued to be used, except for	450
experimental use as provided in division (B) of section 3506.04 of	451
the Revised Code, unless it, and a manual of procedures governing	452
its use, and training materials, service, and other support	453
arrangements, have been certified by the secretary of state and	454
unless the board of elections of each county where the equipment	455
will be used has assured that a demonstration of the use of such	456
the equipment has been made available to all interested electors.	457
The secretary of state shall appoint a board of voting machine	458
examiners to examine and approve equipment and examine and approve	459
its related manuals and support arrangements. The board shall	460
consist of one competent and experienced election officer and two	461
persons who are knowledgeable about the operation of such	462
equipment, who shall serve during the secretary of state's term.	463

(1) For histhe member's service, each member of suchthe	464
board shall receive three hundred dollars per day for each	465
combination of marking device, tabulating equipment, and voting	466
machine examined and reported, but in no event shall a member	467
receive more than six hundred dollars to examine and report on any	468
one marking device, item of tabulating equipment, or voting	469
machine. Each member of the board shall be reimbursed for expenses	470
hethe member incurs during an examination or during the	471
performance of any related duties that may be required by the	472
secretary of state. Reimbursement of these expenses shall be made	473
in accordance with, and shall not exceed, the rates provided for	474
under section 126.31 of the Revised Code.	475

(2) Neither the secretary of state nor the board, nor any	476
public officer who participates in the authorization, examination,	477
testing, or purchase of equipment, shall have any pecuniary	478
interest in the equipment or any affiliation with the vendor.	479

(C)(1) A vendor who desires to have the secretary of state	480
certify equipment shall first submit the equipment, and all	481
current related procedural manuals, and a current description of	482
all related support arrangements, to the board of voting machine	483
examiners for examination, testing, and approval. The submission	484
shall be accompanied by a fee of eighteen hundred dollars and a	485
detailed explanation of the construction and method of operation	486
of the equipment, a full statement of its advantages, and a list	487
of the patents and copyrights used in operations essential to the	488
processes of vote recording and tabulating, vote storage, system	489
security, and other crucial operations of the equipment as may be	490
determined by the board. An additional fee, in an amount to be set	491
by rules promulgated by the board, may be imposed to pay for the	492
costs of alternative testing or testing by persons other than	493
board members, record-keeping, and other extraordinary costs	494
incurred in the examination process. Moneys not used shall be	495
returned to the person or entity submitting the equipment for	496
examination.	497

(2) Fees collected by the secretary of state under this	498
section shall be deposited into the state treasury to the credit	499
of the board of voting machine examiners fund, which is hereby	500
created. All moneys credited to this fund shall be used solely for	501
the purpose of paying for the services and expenses of each member	502
of the board of voting machine examiners or for such other	503
expenses as may be incurred relating to the examination, testing,	504
reporting, or certification of voting machine devices, the	505
performance of any related duties as required by the secretary of	506
state, or the reimbursement of any person submitting an	507
examination fee as provided in this chapter.	508

(D) Within sixty days after the submission of the equipment	509
and payment of the fee, or as soon thereafter as is reasonably	510
practicable, but in any event within not more than ninety days	511
after the submission and payment, the board of voting machine	512
examiners shall examine the equipment and file with the secretary	513
of state a written report thereonon the equipment with its	514
recommendations and its determination or condition of approval	515
regarding whether the equipment, manual, and other related	516
materials or arrangements meet the criteria set forth in sections	517
3506.07 and 3506.10 of the Revised Code and can be safely used by	518
the voters at elections under the conditions prescribed in Title	519
XXXV of the Revised Code, or a written statement of reasons for	520
which testing requires a longer period. The board may grant	521
temporary approval for the purpose of allowing experimental use of	522
equipment. If the board finds that the equipment meets the	523
criteria set forth in sections 3506.06, 3506.07, and 3506.10 of	524
the Revised Code, can be used safely and can be depended upon to	525
record and count accurately and continuously the votes of	526
electors, and has the capacity to be warranted, maintained, and	527
serviced, it shall approve the equipment and recommend that the	528
secretary of state certify the equipment. The secretary of state	529
shall notify all boards of elections of any such certification.	530
Such equipmentEquipment of the same model and make, if it	531
provides for recording of voter intent, system security, voter	532
privacy, retention of vote, and communication of voting records in	533
an identical manner, may then be adopted for use at elections.	534

(E) The vendor shall notify the secretary of state, who shall	535
then notify the board of voting machine examiners, of any	536
enhancement and any significant adjustment to the hardware or	537
software that could result in a patent or copyright change or that	538
significantly alters the methods of recording voter intent, system	539
security, voter privacy, retention of the vote, communication of	540
voting records, and connections between the system and other	541
systems. The vendor shall provide the secretary of state with an	542
updated operations manual for the equipment, and the secretary of	543
state shall forward the manual to the board. Upon receiving such a	544
notification and manual, the board may require the vendor to	545
submit the equipment to an examination and test in order for the	546
equipment to remain certified. The board or the secretary of state	547
shall periodically examine, test, and inspect certified equipment	548
to determine continued compliance with the requirements of this	549
chapter and the initial certification. Any examination, test, or	550
inspection conducted for the purpose of continuing certification	551
of any equipment in which a significant problem has been uncovered	552
or in which a record of continuing problems exists shall be	553
performed pursuant to divisions (C) and (D) of this section, in	554
the same manner as the examination, test, or inspection is	555
performed for initial approval and certification.	556

(F) If, at any time after the certification of equipment, the	557
board of voting machine examiners or the secretary of state is	558
notified by thea board of elections of any significant problem	559
with the equipment or determines that the equipment fails to meet	560
the requirements necessary for approval or continued compliance	561
with the requirements of this chapter, or if the board of voting	562
machine examiners determines that there are significant	563
enhancements or adjustments to the hardware or software, or if	564
notice of such enhancements or adjustments has not been given as	565
required by division (E) of this section, the secretary of state	566
shall notify the users and vendors of that equipment that	567
certification of the equipment may be withdrawn.	568

(G)(1) The notice given by the secretary of state under	569
division (F) of this section shall be in writing and shall specify	570
both of the following:	571

(a) The reasons why the certification may be withdrawn;

572

(b) The date on which certification will be withdrawn unless	573
the vendor takes satisfactory corrective measures or explains why	574
there are no problems with the equipment or why the enhancements	575
or adjustments to the equipment are not significant.	576

(2) A vendor who receives a notice under division (F) of this	577
section shall, within thirty days after receiving it, submit to	578
the board of voting machine examiners in writing a description of	579
the corrective measures taken and the date on which they were	580
taken, or the explanation required under division (G)(1)(b) of	581
this section.	582

(3) Not later than fifteen days after receiving a written	583
description or explanation under division (G)(2) of this section	584
from a vendor, the board shall determine whether the corrective	585
measures taken or the explanation is satisfactory to allow	586
continued certification of the equipment, and the secretary of	587
state shall send the vendor a written notice of the board's	588
determination, specifying the reasons for it. If the board has	589
determined that the measures taken or the explanation given is	590
unsatisfactory, the notice shall include the effective date of	591
withdrawal of the certification. This date may be different from	592
the date originally specified in division (G)(1)(b) of this	593
section.	594

(4) A vendor who receives a notice under division (G)(3) of	595
this section indicating a decision to withdraw certification may,	596
within thirty days after receiving it, request in writing that the	597
board hold a hearing to reconsider its decision. Any interested	598
party shall be given the opportunity to submit testimony or	599
documentation in support of or in opposition to the board's	600
recommendation to withdraw certification. Failure of the vendor to	601
take appropriate steps as described in division (G)(1)(b) or to	602
comply with division (G)(2) of this section results in a waiver of	603
histhe vendor's rights under division (G)(4) of this section.	604

(H)(1) The secretary of state, in consultation with the board	605
of voting machine examiners, shall establish, by rule, guidelines	606
for the approval, certification, and continued certification of	607
the voting machines, marking devices, and tabulating equipment to	608
be used under Title XXXV of the Revised Code. The guidelines shall	609
establish procedures requiring vendors or computer software	610
developers to place in escrow with an independent escrow agent	611
approved by the secretary of state a copy of all source code and	612
related documentation, together with periodic updates as they	613
become known or available. The secretary of state shall require	614
that the documentation include a system configuration and that the	615
source code include all relevant program statements in low- or	616
high-level languages. As used in this division, "source code" does	617
not include variable codes created for specific elections.	618

(2) Nothing in any rule adopted under division (H) of this	619
section shall be construed to limit the ability of the secretary	620
of state to follow or adopt, or to preclude himthe secretary of	621
state from following or adopting, any guidelines proposed by the	622
federal electionselection commission or, any entity authorized by	623
the federal electionselection commission to propose guidelines,	624
the election assistance commission, or any entity authorized by	625
the election assistance commission to propose guidelines.	626

(3) As used in division (H) of this section, "source code"	627
does not include variable codes created for specific elections.	628
(a) Before the initial certification of any direct recording	629
electronic voting machine with a voter verified paper audit trail,	630
and as a condition for the continued certification and use of	631
those machines, the secretary of state shall establish, by rule,	632
standards for the certification of those machines. Those standards	633
shall include, but are not limited to, all of the following:	634

(i) A definition of a voter verified paper audit trail as a	635
paper record of the voter's choices that is verified by the voter	636
prior to the casting of the voter's ballot and that is securely	637
retained by the board of elections;	638

(ii) Requirements that the voter verified paper audit trail	639
shall not be retained by any voter and shall not contain	640
individual voter information;	641

(iii) A prohibition against the production by any direct	642
recording electronic voting machine of anything that legally could	643
be removed by the voter from the polling place, such as a receipt	644
or voter confirmation;	645

(iv) A requirement that paper used in producing a voter	646
verified paper audit trail be sturdy, clean, and resistant to	647
degradation.	648

(v) A requirement that the voter verified paper audit trail	649
shall be capable of being optically scanned for the purpose of	650
conducting a recount or other audit of the voting machine and	651
shall be readable in a manner that makes the voter's ballot	652
choices obvious to the voter without the use of computer or	653
electronic codes.	654

(b) The secretary of state, by rule adopted under Chapter	655
119. of the Revised Code, may waive the requirement under division	656
(H)(3)(a)(v) of this section, if the secretary of state determines	657
that the requirement is cost prohibitive.	658

Sec. 3506.06.  No marking device shall be approved by the	659
board of voting machine examiners or certified by the secretary of	660
state, or be purchased, rented, or otherwise acquired, or used,	661
unless it fulfills the following requirements:	662

(A) It shall permit and require voting in absolute secrecy,	663
and shall be so constructed that no person can see or know for	664
whom any other elector has voted or is voting, except an elector	665
who is assisting a voter as prescribed by section 3505.24 of the	666
Revised Code.	667

(B) It shall permit each elector to vote at any election for	668
all persons and offices for whom and for which hethe elector is	669
lawfully entitled to vote, whether or not the name of any such	670
person appears on a ballot as a candidate; to vote for as many	671
persons for an office as hethe elector is entitled to vote for;	672
and to vote for or against any question upon which hethe elector	673
is entitled to vote.	674

(C) It shall permit each elector to write in the names of	675
persons for whom hethe elector desires to vote, whose names do	676
not appear upon the ballot, if such write-in candidates are	677
permitted by law.	678

(D) It shall permit each elector, at all presidential	679
elections, by one punch or mark to vote for candidates of one	680
party for president, vice president, and presidential electors.	681

(E) It shall be durably constructed of material of good	682
quality in a neat and workmanlikeworkerlike manner, and in form	683
whichthat shall make it safely transportable.	684

(F) It shall be so constructed that a voter may readily learn	685
the method of operating it and may expeditiously cast histhe	686
voter's vote for all candidates of histhe voter's choice.	687

(G) It shall not provide to a voter any type of receipt or	688
voter confirmation that the voter legally may retain after leaving	689
the polling place.	690

Sec. 3506.10.  No voting machine shall be approved by the	691
board of voting machine examiners or certified by the secretary of	692
state, or be purchased, rented, or otherwise acquired, or used,	693
except when specifically allowed for experimental use, as provided	694
in section 3506.04 of the Revised Code, unless it fulfills the	695
following requirements:	696

(A) It shall permit and require voting in absolute secrecy,	697
and shall be so constructed that no person can see or know for	698
whom any other elector has voted or is voting, except an elector	699
who is assisting a voter as prescribed by section 3505.24 of the	700
Revised Code.	701

(B) It shall permit each elector to vote at any election for	702
all persons and offices for whom and for which hethe elector is	703
lawfully entitled to vote, whether or not the name of any such	704
person appears on a ballot label as a candidate; to vote for as	705
many persons for an office as hethe elector is entitled to vote	706
for; and to vote for or against any question upon which hethe	707
elector is entitled to vote.	708

(C) It shall preclude each elector from voting for any	709
candidate or upon any question for whom or upon which hethe	710
elector is not entitled to vote, from voting for more persons for	711
any office than hethe elector is entitled to vote for, and from	712
voting for any candidates for the same office or upon any question	713
more than once.	714

(D) It shall permit each voter to deposit, write in, or	715
affix, upon devices provided for that purpose, ballots containing	716
the names of persons for whom hethe voter desires to vote, whose	717
names do not appear upon the voting machine. SuchThose devices	718
shall be susceptible of identification as to party affiliations	719
when used at a primary election.	720

(E) It shall permit each elector to change histhe elector's	721
vote for any candidate or upon any question appearing upon the	722
ballot labels, up to the time hethe elector starts to register	723
histhe elector's vote.	724

(F) It shall permit each elector, at all presidential	725
elections, by one device to vote for candidates of one party for	726
president, vice-president, and presidential electors.	727

(G) It shall be capable of adjustment by election officers so	728
as to permit each elector, at a primary election, to vote only for	729
the candidates of the party with which hethe elector has declared	730
histhe elector's affiliation and shall preclude himthe elector	731
from voting for any candidate seeking nomination by any other	732
political party; and to vote for the candidates for nonpartisan	733
nomination or election.	734

(H) It shall have separate voting devices for candidates and	735
questions, which shall be arranged in separate rows or columns. It	736
shall be so arranged that one or more adjacent rows or columns may	737
be assigned to the candidates of each political party at primary	738
elections.	739

(I) It shall have a counter, or other device, the register of	740
which is visible from the outside of the machine, and which will	741
show at any time during the voting the total number of electors	742
who have voted; and also a protective counter, or other device,	743
the register of which cannot be reset, which will record the	744
cumulative total number of movements of the internal counters.	745

(J) It shall be provided with locks and seals by the use of	746
which, immediately after the polls are closed or the operation of	747
the machine for an election is completed, no further changes to	748
the internal counters can be allowed.	749

(K) It shall have the capacity to contain the names of	750
candidates constituting the tickets of at least five political	751
parties, and independent groups and such number of questions not	752
exceeding fifteen as the secretary of state shall specify.	753

(L) It shall be durably constructed of material of good	754
quality in a neat and workmanlikeworkerlike manner, and in form	755
whichthat shall make it safely transportable.	756

(M) It shall be so constructed that a voter may readily learn	757
the method of operating it, may expeditiously cast hisa vote for	758
all candidates of histhe voter's choice, and when operated	759
properly shall register and record correctly and accurately every	760
vote cast.	761

(N) It shall be provided with a screen, hood, or curtain,	762
which will conceal the voter while voting. During the voting, it	763
shall preclude every person from seeing or knowing the number of	764
votes registered for any candidate or question and from tampering	765
with any of the internal counters.	766

(O) It shall not provide to a voter any type of receipt or	767
voter confirmation that the voter legally may retain after leaving	768
the polling place.	769

(P) On and after the first federal election that occurs after	770
January 1, 2006, unless required sooner by the Help America Vote	771
Act of 2002, if the voting machine is a direct recording	772
electronic voting machine, it shall include a voter verified paper	773
audit trail.	774

Before any voting machine is purchased, rented, or otherwise	775
acquired, or used, the person or corporation owning or	776
manufacturing suchthat machine or having the legal right to	777
control the use of thethat machine shall give an adequate	778
guarantee in writing and post a bond in an amount sufficient to	779
cover the cost of any recount or new election resulting from or	780
directly related to the use or malfunction of the equipment,	781
accompanied by satisfactory surety, all as determined by the	782
secretary of state, with the board of county commissioners,	783
guaranteeing and securing that suchthose machines have been and	784
continue to be certified by the secretary of state in accordance	785
with section 3506.05 of the Revised Code, comply fully with the	786
requirements of this section, and will correctly, accurately, and	787
continuously register and record every vote cast, and further	788
guaranteeing suchthose machines against defects in workmanship	789
workership and materials for a period of five years from the date	790
of their acquisition thereof.	791

Sec. 3506.17. There is hereby created in the state treasury	792
the county electronic voting machine maintenance fund. All moneys	793
received pursuant to the Help America Vote Act of 2002 that are	794
not approved for release by the controlling board as of the first	795
federal election that occurs after January 1, 2006, shall be	796
deposited in the state treasury to the credit of the fund. The	797
secretary of state shall adopt rules for the fair and equitable	798
distribution of moneys credited to the fund. Moneys credited to	799
the fund shall be expended for the purposes for which those moneys	800
were received under the Help America Vote Act of 2002 and may only	801
be expended pursuant to a plan approved by the controlling board.	802

Sec. 3506.18.  (A) For any recount of an election in which	803
ballots are cast using a direct recording electronic voting	804
machine with a voter verified paper audit trail, the voter	805
verified paper audit trail shall serve as the official ballot to	806
be recounted.	807

(B) Voter verified paper audit trails shall be preserved in	808
the same manner and for the same time period as paper ballots are	809
preserved under section 3505.31 of the Revised Code.	810

Sec. 3506.19.  On and after the first federal election that	811
occurs after January 1, 2006, unless required sooner by the Help	812
America Vote Act of 2002, each polling location shall have	813
available for use at all elections at least one direct recording	814
electronic voting machine that is accessible for individuals with	815
disabilities, including nonvisual accessibility for the blind and	816
visually impaired, in a manner that provides the same opportunity	817
for access and participation, including privacy and independence,	818
as for other voters.	819

Sec. 3509.07.  If election officials find that the statement	820
accompanying an absent voter's ballot or absent voter's	821
presidential ballot is insufficient, that the signatures do not	822
correspond with the person's registration signature, that the	823
applicant is not a qualified elector in the precinct, that the	824
ballot envelope contains more than one ballot of any one kind, or	825
any voted ballot that the elector is not entitled to vote,, or	826
that Stub A is detached from the absent voter's ballot or absent	827
voter's presidential ballot, the vote shall not be accepted or	828
counted. Whenever it appears to the election officials by	829
sufficient proof that any elector who has marked and forwarded the	830
elector's ballot as provided in section 3509.05 of the Revised	831
Code has died, the ballot of the deceased voter shall not be	832
counted. The vote of any absent voter may be challenged for cause	833
in the same manner as other votes are challenged, and the election	834
officials shall determine the legality of that ballot. Every	835
ballot not counted shall be indorsed on its back "Not Counted"	836
with the reasons the ballot was not counted, and shall be enclosed	837
and returned to or retained by the board of elections along with	838
the contested ballots.	839

Sec. 3513.052. (A) No person shall seek nomination or	840
election to any of the following offices or positions at the same	841
election by filing a declaration of candidacy and petition, a	842
declaration of intent to be a write-in candidate, or a nominating	843
petition, or by becoming a candidate through party nomination in a	844
primary election, or by the filling of a vacancy under section	845
3513.30 or 3513.31 of the Revised Code:	846

(1) Two or more state offices;

847

(2) Two or more county offices;

848

(3) A state office and a county office;

849

(4) Any combination of two or more municipal or township	850
offices, positions as a member of a city, local, or exempted	851
village board of education, or positions as a member of a	852
governing board of an educational service center.	853

(B) The secretary of state or a board of elections shall not	854
accept for filing a declaration of candidacy and petition, a	855
declaration of intent to be a write-in candidate, or a nominating	856
petition of a person seeking to become a candidate if that person,	857
for the same election, has already filed a declaration of	858
candidacy, a declaration of intent to be a write-in candidate, or	859
a nominating petition, or has become a candidate through party	860
nomination at a primary election or by the filling of a vacancy	861
under section 3513.30 or 3513.31 of the Revised Code for:	862

(1) Any state or county office, if the declaration of	863
candidacy, declaration of intent to be a write-in candidate, or	864
nominating petition is for a state or county office;	865

(2) Any municipal or township office, or for member of a	866
city, local, or exempted village board of education, or for member	867
of a governing board of an educational service center, if the	868
declaration of candidacy, declaration of intent to be a write-in	869
candidate, or nominating petition is for a municipal or township	870
office, or for member of a city, local, or exempted village board	871
of education, or for member of a governing board of an educational	872
service center.	873

(C)(1) If the secretary of state determines, before the day	874
of the primary election, that a person is seeking nomination to	875
more than one office at that election in violation of division (A)	876
of this section, the secretary of state shall do one of the	877
following:	878

(a) If each office or the district for each office for which	879
the person is seeking nomination is wholly within a single county,	880
the secretary of state shall notify the board of elections of that	881
county. The board then shall determine the date on which the	882
person first sought to become a candidate for each of those	883
offices by filing a declaration of candidacy or a declaration of	884
intent to be a write-in candidate or by the filling of a vacancy	885
under section 3513.30 of the Revised Code. The board shall vote	886
promptly to disqualify that person as a candidate for each office	887
for which the person sought to become a candidate after the date	888
on which the person first sought to become a candidate for any of	889
those offices. If the board determines that the person sought to	890
become a candidate for more than one of those offices on the same	891
date, the board shall vote promptly to disqualify that person as a	892
candidate for each office that would be listed on the ballot below	893
the highest office for which that person seeks nomination,	894
according to the ballot order prescribed under section 3505.03 of	895
the Revised Code.	896

(b) If one or more of the offices for which the person is	897
seeking nomination is a state office or an office with a district	898
larger than a single county, the secretary of state shall	899
determine the date on which the person first sought to become a	900
candidate for each of those offices by filing a declaration of	901
candidacy or a declaration of intent to be a write-in candidate or	902
by the filling of a vacancy under section 3513.30 of the Revised	903
Code. The secretary of state shall order the board of elections of	904
each county in which the person is seeking to appear on the ballot	905
to disqualify that person as a candidate for each office for which	906
the person sought to become a candidate after the date on which	907
the person first sought to become a candidate for any of those	908
offices. If the secretary of state determines that the person	909
sought to become a candidate for more than one of those offices on	910
the same date, the secretary of state shall order the board of	911
elections of each county in which the person is seeking to appear	912
on the ballot to disqualify that person as a candidate for each	913
office that would be listed on the ballot below the highest office	914
for which that person seeks nomination, according to the ballot	915
order prescribed under section 3505.03 of the Revised Code. Each	916
board of elections so notified shall vote promptly to disqualify	917
the person as a candidate in accordance with the order of the	918
secretary of state.	919

(2) If a board of elections determines, before the day of the	920
primary election, that a person is seeking nomination to more than	921
one office at that election in violation of division (A) of this	922
section, the board shall do one of the following:	923

(a) If each office or the district for each office for which	924
the person is seeking nomination is wholly within that county, the	925
board shall determine the date on which the person first sought to	926
become a candidate for each of those offices by filing a	927
declaration of candidacy or a declaration of intent to be a	928
write-in candidate or by the filling of a vacancy under section	929
3513.30 of the Revised Code. The board shall vote promptly to	930
disqualify that person as a candidate for each office for which	931
the person sought to become a candidate after the date on which	932
the person first sought to become a candidate for any of those	933
offices. If the board determines that the person sought to become	934
a candidate for more than one of those offices on the same date,	935
the board shall vote promptly to disqualify that person as a	936
candidate for each office that would be listed on the ballot below	937
the highest office for which that person seeks nomination,	938
according to the ballot order prescribed under section 3505.03 of	939
the Revised Code.	940

(b) If one or more of the offices for which the person is	941
seeking nomination is a state office or an office with a district	942
larger than a single county, the board shall notify the secretary	943
of state. The secretary of state then shall determine the date on	944
which the person first sought to become a candidate for each of	945
those offices by filing a declaration of candidacy or a	946
declaration of intent to be a write-in candidate or by the filling	947
of a vacancy under section 3513.30 of the Revised Code. The	948
secretary of state shall order the board of elections of each	949
county in which the person is seeking to appear on the ballot to	950
disqualify that person as a candidate for each office for which	951
the person sought to become a candidate after the date on which	952
the person first sought to become a candidate for any of those	953
offices. If the secretary of state determines that the person	954
sought to become a candidate for more than one of those offices on	955
the same date, the secretary of state shall order the board of	956
elections of each county in which the person is seeking to appear	957
on the ballot to disqualify that person as a candidate for each	958
office that would be listed on the ballot below the highest office	959
for which that person seeks nomination, according to the ballot	960
order prescribed under section 3505.03 of the Revised Code. Each	961
board of elections so notified shall vote promptly to disqualify	962
the person as a candidate in accordance with the order of the	963
secretary of state.	964

(D)(1) If the secretary of state determines, after the day of	965
the primary election and before the day of the general election,	966
that a person is seeking election to more than one office at that	967
election in violation of division (A) of this section, the	968
secretary of state shall do one of the following:	969

(a) If each office or the district for each office for which	970
the person is seeking election is wholly within a single county,	971
the secretary of state shall notify the board of elections of that	972
county. The board then shall determine the offices for which the	973
person seeks to appear as a candidate on the ballot. The board	974
shall vote promptly to disqualify that person as a candidate for	975
each office that would be listed on the ballot below the highest	976
office for which that person seeks election, according to the	977
ballot order prescribed under section 3505.03 of the Revised Code.	978
If the person sought nomination at a primary election and has not	979
yet been issued a certificate of nomination, the board shall not	980
issue that certificate for that person for any office that would	981
be listed on the ballot below the highest office for which that	982
person seeks election, according to the ballot order prescribed	983
under section 3505.03 of the Revised Code.	984

(b) If one or more of the offices for which the person is	985
seeking election is a state office or an office with a district	986
larger than a single county, the secretary of state shall promptly	987
investigate and determine the offices for which the person seeks	988
to appear as a candidate on the ballot. The secretary of state	989
shall order the board of elections of each county in which the	990
person is seeking to appear on the ballot to disqualify that	991
person as a candidate for each office that would be listed on the	992
ballot below the highest office for which that person seeks	993
election, according to the ballot order prescribed under section	994
3505.03 of the Revised Code. Each board of elections so notified	995
shall vote promptly to disqualify the person as a candidate in	996
accordance with the order of the secretary of state. If the person	997
sought nomination at a primary election and has not yet been	998
issued a certificate of nomination, the board shall not issue that	999
certificate for that person for any office that would be listed on	1000
the ballot below the highest office for which that person seeks	1001
election, according to the ballot order prescribed under section	1002
3505.03 of the Revised Code.	1003

(2) If a board of elections determines, after the day of the	1004
primary election and before the day of the general election, that	1005
a person is seeking election to more than one office at that	1006
election in violation of division (A) of this section, the board	1007
of elections shall do one of the following:	1008

(a) If each office or the district for each office for which	1009
the person is seeking election is wholly within that county, the	1010
board shall determine the offices for which the person seeks to	1011
appear as a candidate on the ballot. The board shall vote promptly	1012
to disqualify that person as a candidate for each office that	1013
would be listed on the ballot below the highest office for which	1014
that person seeks election, according to the ballot order	1015
prescribed under section 3505.03 of the Revised Code. If the	1016
person sought nomination at a primary election and has not yet	1017
been issued a certificate of nomination, the board shall not issue	1018
that certificate for that person for any office that would be	1019
listed on the ballot below the highest office for which that	1020
person seeks election, according to the ballot order prescribed	1021
under section 3505.03 of the Revised Code.	1022

(b) If one or more of the offices for which the person is	1023
seeking election is a state office or an office with a district	1024
larger than a single county, the board shall notify the secretary	1025
of state. The secretary of state promptly shall investigate and	1026
determine the offices for which the person seeks to appear as a	1027
candidate on the ballot. The secretary of state shall order the	1028
board of elections of each county in which the person is seeking	1029
to appear on the ballot to disqualify that person as a candidate	1030
for each office that would be listed on the ballot below the	1031
highest office for which that person seeks election, according to	1032
the ballot order prescribed under section 3505.03 of the Revised	1033
Code. Each board of elections so notified shall vote promptly to	1034
disqualify the person as a candidate in accordance with the order	1035
of the secretary of state. If the person sought nomination at a	1036
primary election and has not yet been issued a certificate of	1037
nomination, the board shall not issue that certificate for that	1038
person for any office that would be listed on the ballot below the	1039
highest office for which that person seeks election, according to	1040
the ballot order prescribed under section 3505.03 of the Revised	1041
Code.	1042

(E) When a person is disqualified as a candidate under	1043
division (C) or (D) of this section, that person's name shall not	1044
appear on the ballots for any office for which that person has	1045
been disqualified as a candidate. If the ballots have already been	1046
prepared, the board of elections shall remove the name of the	1047
disqualified candidate from the ballots to the extent practicable	1048
in the time remaining before the election and according to the	1049
directions of the secretary of state. If the name is not removed	1050
from the ballots before the day of the election, the votes for the	1051
disqualified candidate are void and shall not be counted.	1052

(F) Any vacancy created by the disqualification of a person	1053
as a candidate under division (C) or (D) of this section may be	1054
filled in the manner provided for in sections 3513.30 and 3513.31	1055
of the Revised Code.	1056

(G) Nothing in this section or section 3513.04, 3513.041,	1057
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,	1058
3513.259, or 3513.261 of the Revised Code prohibits, and the	1059
secretary of state or a board of elections shall not disqualify, a	1060
person from being a candidate to fill a vacant office as otherwise	1061
provided by law.	1062

(H) Nothing in this section or section 3513.04, 3513.041,	1063
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257,	1064
3513.259, or 3513.261 of the Revised Code prohibits, and the	1065
secretary of state or a board of elections shall not disqualify, a	1066
person from being a candidate for an office, if that person timely	1067
withdraws as a candidate for any offices specified in division (A)	1068
of this section for which that person first sought to become a	1069
candidate by filing a declaration of candidacy and petition, a	1070
declaration of intent to be a write-in candidate, or a nominating	1071
petition, by party nomination in a primary election, or by the	1072
filling of a vacancy under section 3513.30 or 3513.31 of the	1073
Revised Code.	1074

(I)(H) As used in this section:

1075

(1) "State office" means the offices of governor, lieutenant	1076
governor, secretary of state, auditor of state, treasurer of	1077
state, attorney general, member of the state board of education,	1078
member of the general assembly, chief justice of the supreme	1079
court, and justice of the supreme court.	1080

(2) "Timely withdraws" means either of the following:

1081

(a) Withdrawing as a candidate before the applicable deadline	1082
for filing a declaration of candidacy, declaration of intent to be	1083
a write-in candidate, or nominating petition for the subsequent	1084
office for which the person is seeking to become a candidate at	1085
the same election;	1086

(b) Withdrawing as a candidate before the applicable deadline	1087
for the filling of a vacancy under section 3513.30 or 3513.31 of	1088
the Revised Code, if the person is seeking to become a candidate	1089
for a subsequent office at the same election under either of those	1090
sections.	1091

Sec. 3517.109.  (A) As used in this section:

1092

(1) "Candidate" has the same meaning as in section 3517.01 of	1093
the Revised Code but includes only candidates for the offices of	1094
governor, lieutenant governor, secretary of state, auditor of	1095
state, treasurer of state, attorney general, member of the state	1096
board of education, and member of the general assembly.	1097

(2) "Statewide candidate" means the joint candidates for the	1098
offices of governor and lieutenant governor or a candidate for the	1099
office of secretary of state, auditor of state, treasurer of	1100
state, attorney general, and member of the state board of	1101
education.	1102

(3) "Senate candidate" means a candidate for the office of	1103
state senator.	1104

(4) "House candidate" means a candidate for the office of	1105
state representative.	1106

(5) "State office" means the offices of governor, lieutenant	1107
governor, secretary of state, auditor of state, treasurer of	1108
state, attorney general, member of the state board of education,	1109
and member of the general assembly.	1110

(6) "Aggregate contribution" means the total of all	1111
contributions from a contributor during the pre-filing period.	1112

(7) "Allowable aggregate contribution" means all of the	1113
following:	1114

(a) In the case of a contribution from a contributor whose	1115
contributions are subject to the contribution limits described in	1116
divisionsdivision (B)(1), (2), (3), (6)(a), or (7) of section	1117
3517.102 of the Revised Code, that portion of the amount of the	1118
contributor's aggregate contribution that does not exceed the	1119
preprimary contribution limit applicable to that contributor.	1120

(b) In the case of a contribution or contributions from a	1121
contributor whose contributions are not subject to the	1122
contribution limits described in divisions (B)(1), (2), (3),	1123
(6)(a), or (7) of section 3517.102 of the Revised Code, the total	1124
of the following:	1125

(i) That portion of the aggregate contribution that was	1126
received as in-kind services;	1127

(ii) That portion of the aggregate contribution that was	1128
received as cash and does not exceed the applicable preprimary	1129
cash transfer or contribution limits described in division	1130
(B)(6)(b) of section 3517.102 of the Revised Code.	1131

(8) "Excess aggregate contribution" means, for each	1132
contributor, the amount by which that contributor's aggregate	1133
contribution exceeds that contributor's allowable aggregate	1134
contribution.	1135

(9) "Pre-filing period" means the period of time ending on	1136
the day that the candidacy petitions are due for the state office	1137
for which the candidate has filed and beginning on the latest date	1138
of the following:	1139

(a) The first day of January of the year following the	1140
general election in which that state office was last on the	1141
ballot;	1142

(b) The first day of January of the year following the	1143
general election in which the candidate was last a candidate for	1144
any office;	1145

(c) The first day of the month following the primary election	1146
in which the candidate was last a candidate for any office;	1147

(d) The date of the primary election held in 1996.

1148

(10) "Filing date" means the last date on which a candidacy	1149
petition may be filed for an office.	1150

(11) "Applicable carry-in limit" means thirty-five thousand	1151
dollars if the candidate is a house candidate or a candidate for	1152
the state board of education, one hundred thousand dollars if the	1153
candidate is a senate candidate, and two hundred thousand dollars	1154
if the candidate is a statewide candidate other than a candidate	1155
for the state board of education.	1156

(12) "Campaign asset" means prepaid, purchased, or donated	1157
assets available to the candidate on the date of the filing	1158
deadline for the office the candidate is seeking that will be	1159
consumed or depleted in the course of the candidate's election	1160
campaign, including, but not limited to, postage, prepaid rent for	1161
campaign headquarters, prepaid radio, television, and newspaper	1162
advertising, and other prepaid consulting and personal services.	1163

(13) "Permitted funds" means the sum of the following:

1164

(a) The total of the allowable aggregate contribution of each	1165
contributor;	1166

(b) The applicable carry-in limit.

1167

(14) "Excess funds" means the amount by which the sum of the	1168
total cash on hand and total reported campaign assets exceeds	1169
permitted funds.	1170

(15) "Covered candidate" means both of the following:

1171

(a) A candidate who, during the pre-filing period, accepts or	1172
has a campaign committee that accepts contributions on the	1173
candidate's behalf for the purpose of nominating or electing the	1174
candidate to any office not subject to the contribution limits	1175
prescribed in section 3517.102 of the Revised Code;	1176

(b) A person who, during the pre-filing period, accepts or	1177
has a campaign committee that accepts contributions on the	1178
person's behalf prior to the person deciding upon or announcing	1179
the office for which the person will become a candidate for	1180
nomination or election.	1181

(B)(1) Beginning in calendar year 1998 for house candidates	1182
and beginning in calendar year 2000 for senate candidates and	1183
statewide candidates and in each calendar year thereafter, each	1184
Each candidate who files for state office, not later than the	1185
filing date for that office, shall dispose of any excess funds	1186
and. Each covered candidate who files for state office, not later	1187
than the filing date for that office, shall dispose of any excess	1188
aggregate contributions.	1189

(2) In calendar year 1998, each candidate who files for	1190
statewide office or state senate, not later than the filing date	1191
for that office, shall dispose of any excess aggregate	1192
contributions.	1193

(C) Any campaign committee that is required to dispose of	1194
excess funds or excess aggregate contributions under division (B)	1195
of this section shall dispose of that excess amount or amounts by	1196
doing any of the following:	1197

(1) Giving the amount to the treasurer of state for deposit	1198
into the state treasury to the credit of the Ohio elections	1199
commission fund;	1200

(2) Giving the amount to individuals who made contributions	1201
to that campaign committee as a refund of all or part of their	1202
contributions;	1203

(3) Giving the amount to a corporation that is exempt from	1204
federal income taxation under subsection 501(a) and described in	1205
subsection 501(c) of the Internal Revenue Code.	1206

(D) No(1) Subject to division (D)(2) of this section, no	1207
candidate or covered candidate shall appear on the ballot, even if	1208
the candidate has been certified to appear on the ballot, unless	1209
the candidate's or covered candidate's campaign committee has	1210
disposed of excess funds and, excess aggregate contributions, or	1211
both as required by divisions (B) and (C) of this section.	1212

(2) If the excess aggregate contributions accepted by a	1213
covered candidate or a covered candidate's campaign committee	1214
aggregate a total of less than five thousand dollars from all	1215
contributors, that candidate shall not be prohibited from	1216
appearing on the ballot under division (D)(1) of this section.	1217

(E)(1) The campaign committee of each candidate required to	1218
dispose of excess funds or excess aggregate contributions under	1219
this section shall file a report, on a form prescribed by the	1220
secretary of state, with the official or board with which the	1221
candidate is required to file statements under section 3517.11 of	1222
the Revised Code. The report shall be filed by the seventh day	1223
following the filing deadline for the office the candidate is	1224
seeking, shall indicate the amount of excess funds and the source	1225
and amount of each excess aggregate contribution disposed of, and	1226
shall describe the manner in which the campaign committee disposed	1227
of the excess amountsamount.	1228

(2) In addition to the information required to be included in	1229
a report filed under division (E)(1) of this section, the campaign	1230
committee of each covered candidate required to dispose of excess	1231
aggregate contributions under this section shall include in that	1232
report the source and amount of each excess aggregate contribution	1233
disposed of and shall describe the manner in which the campaign	1234
committee disposed of the excess amount.	1235

(F)(1) Beginning in calendar year 1998, eachEach campaign	1236
committee of a candidate who has filed a declaration of candidacy	1237
or a nominating petition for a state office, not later than seven	1238
days after the date of the filing deadline for the office the	1239
candidate is seeking, shall file a declaration of filing-day	1240
finances, on a form prescribed by the secretary of state, with the	1241
official or board with which the candidate is required to file	1242
statements under section 3517.11 of the Revised Code.	1243

(2) A declaration of filing-day finances shall list all of	1244
the following:	1245

(a) The amount of cash on hand in the candidate's campaign	1246
fund on the date of the filing deadline for the office the	1247
candidate is seeking.	1248

(b) The value and description of all campaign assets worth	1249
five hundred dollars or more available to the candidate on the	1250
date of the filing. Assets purchased by the campaign shall be	1251
valued at actual cost, and in-kind contributions shall be valued	1252
at market value.	1253

(c) The total of all aggregate contributions;

1254

(d) The total of all allowable aggregate contributions;

1255

(e) The total of all excess aggregate contributions;

1256

(f) For each contributor, if any, for whom there is an excess	1257
aggregate contribution, the name, address, aggregate contribution,	1258
and excess aggregate contribution;	1259

(g) The applicable carry-in limit, if any.

1260

(3) In addition to the information required to be included in	1261
a report of filing-day finances filed under division (F)(1) of	1262
this section, the campaign committee of each covered candidate	1263
shall include both of the following in that report:	1264

(a) The total of all excess aggregate contributions;

1265

(b) For each contributor, if any, for whom there is an excess	1266
aggregate contribution, the name, address, aggregate contribution,	1267
and excess aggregate contribution.	1268

(G) A campaign committee of a candidate is not required to	1269
file a declaration of filing-day finances under division (F) of	1270
this section if all of the following apply:	1271

(1) The campaign committee has not accepted, during the	1272
pre-filing period, any aggregate contribution greater than the	1273
applicable amount.	1274

(2) The campaign committee had less than the carry-in amount	1275
in cash on hand at the beginning of the pre-filing period.	1276

(3) The candidate files a declaration, on a form prescribed	1277
by the secretary of state, with the official or board with which	1278
the candidate is required to file statements under section 3517.11	1279
of the Revised Code not later than seven days after the date of	1280
the filing deadline for the office that candidate is seeking,	1281
stating that the candidate's campaign committee has not accepted	1282
aggregate contributions as described in division (G)(1) of this	1283
section and has less than the carry-in amount in cash on hand as	1284
described in division (G)(2) of this section.	1285

Sec. 3517.1010.  (A) As used in this section:

1286

(1) "Aggregate contribution," "allowable aggregate	1287
contribution," "excess aggregate contribution," and "pre-filing	1288
period" have the same meanings as in section 3517.109 of the	1289
Revised Code.	1290

(2) "Filing deadline" means the last date on which a	1291
candidacy petition may be filed for an office.	1292

(3) "Campaign asset" means prepaid, purchased, or donated	1293
assets, goods, or services available to the candidate's campaign	1294
committee on the date specified in the filing required under	1295
division (F) of this section that will be consumed, depleted, or	1296
used in the course of the candidate's election campaign,	1297
including, but not limited to, postage, rent for any campaign	1298
office, radio, television, and newspaper advertising, and	1299
consulting and personal services.	1300

(4) "Permitted funds" means one of the following:

1301

(a) In the case of a disposal of excess funds under division	1302
(B)(1) of this section, the sum of the primary carry-in amount and	1303
the product of both of the following:	1304

(i) The sum of the campaign committee's net cash on hand and	1305
the campaign committee's total reported campaign assets on the day	1306
of the primary election less the primary carry-in amount;	1307

(ii) The ratio of the sum of the allowable aggregate	1308
contributions of each contributor to the sum of all contributions	1309
received, during the period extending from the first day on which,	1310
in accordance with division (D) of section 3517.103 of the Revised	1311
Code, the contribution limitations prescribed in section 3517.102	1312
of the Revised Code no longer apply to the campaign committee	1313
through the end of the primary election period.	1314

For the purposes of division (A)(4)(a) of this section, the	1315
allowable aggregate contribution of each contributor is calculated	1316
as if the limitations on contributions prescribed in section	1317
3517.102 of the Revised Code were in effect.	1318

As used in division (A)(4)(a) of this section, "primary	1319
carry-in amount" is the sum of the campaign committee's cash on	1320
hand and reported campaign assets as reported on the campaign	1321
committee's declaration of no limits filed pursuant to division	1322
(D) of section 3517.103 of the Revised Code.	1323

(b) In the case of a disposal of excess funds under division	1324
(B)(5) of this section, the product of both of the following:	1325

(i) The sum of the cash on hand and reported campaign assets	1326
at the end of the thirty-first day of December immediately	1327
following the general election;	1328

(ii) The ratio of the sum of the allowable aggregate	1329
contributions of each contributor and the general carry-in amount	1330
to the sum of all contributions received during the general	1331
election period and the general carry-in amount.	1332

For the purposes of division (A)(4)(b) of this section, when	1333
a candidate has filed a declaration of no limits under division	1334
(D)(2) of section 3517.103 of the Revised Code, the allowable	1335
aggregate contribution calculated for each contributor is	1336
calculated as if the limitations on contributions prescribed in	1337
section 3517.102 of the Revised Code were in effect.	1338

As used in division (A)(4)(b) of this section, "general	1339
carry-in amount" is the sum of the campaign committee's reported	1340
campaign assets and net cash on hand as of the day of the primary	1341
election, after the committee has disposed of excess funds under	1342
division (B)(1) of this section, if required. "General election	1343
period" has the same meaning as in section 3517.102 of the Revised	1344
Code.	1345

(5) "Excess funds" means the amount by which the sum of the	1346
campaign committee's cash on hand on the date specified in the	1347
filing required to be made under division (F) of this section and	1348
total reported campaign assets exceeds permitted funds.	1349

(6) "Net cash on hand" means the cash on hand on the day of	1350
the primary election less the sum of all debts and obligations	1351
reported under division (F) of this section.	1352

(B)(1) Except as otherwise provided in division (G) of this	1353
section, the campaign committee of any candidate who has filed a	1354
declaration of no limits in accordance with division (D) of	1355
section 3517.103 of the Revised Code, and to which the	1356
contribution limitations prescribed in section 3517.102 of the	1357
Revised Code no longer apply during a primary election period,	1358
shall dispose of any excess funds not later than fourteen days	1359
after the day on which the primary election was held.	1360

(2) The campaign committee of any candidate that has filed a	1361
personal funds notice under division (C)(1) or (2) of section	1362
3517.103 of the Revised Code shall, at the end of the primary	1363
election period, do one of the following:	1364

(a) Return that portion of the personal funds remaining in	1365
the candidate's campaign committee fund at the end of the primary	1366
election period that are excess funds not later than fourteen days	1367
after the day on which the primary election was held;	1368

(b) Retain the personal funds remaining in the candidate's	1369
campaign committee fund at the end of the primary election period	1370
and file a statement with the secretary of state declaring that	1371
the campaign committee will retain those remaining personal funds	1372
in the committee's campaign fund and indicating the amount of	1373
remaining personal funds that would be characterized as excess	1374
funds.	1375

(3) If a campaign committee elects to retain personal funds	1376
pursuant to division (B)(2)(b) of this section, both of the	1377
following apply:	1378

(a) The amount characterized as excess funds is considered to	1379
be an expenditure of personal funds for the purpose of determining	1380
whether the amount of personal funds the campaign committee has	1381
received under division (C)(1) or (2) of section 3517.103 of the	1382
Revised Code during an election period exceeds the amounts	1383
specified in those divisions.	1384

(b) The campaign committee is not a designated state campaign	1385
committee for the purpose of making contributions to a legislative	1386
campaign fund or to the state candidate fund of a state or county	1387
political party.	1388

(4) Except as otherwise provided in division (G) of this	1389
section, the campaign committee of any candidate that has expended	1390
personal funds in excess of the amount specified in division	1391
(C)(1) or (2) of section 3517.103 of the Revised Code shall	1392
dispose of any excess funds not later than fourteen days after the	1393
day on which the primary election is held or the thirty-first day	1394
of December after the day on which the general election was held,	1395
whichever is applicable, or choose to retain personal funds under	1396
division (B)(2) of this section. The calculation of excess funds	1397
under this division shall be made in the same manner that a	1398
campaign committee is required to dispose of excess funds under	1399
division (B)(1) or (5) of this section, whichever election period	1400
is applicable. For the purposes of this division, the allowable	1401
aggregate contribution of each contributor, including one or more	1402
contributions from the candidate and from the candidate's spouse,	1403
parents, children, sons-in-law, daughters-in-law, brothers,	1404
sisters, grandparents, mothers-in-law, fathers-in-law,	1405
brothers-in-law, sisters-in-law, or grandparents by marriage, is	1406
calculated for that contributor as if the contribution limitations	1407
prescribed by section 3517.102 of the Revised Code were in effect.	1408

(5) Except as otherwise provided in division (G) of this	1409
section, the campaign committee of any candidate to which, in	1410
accordance with division (D) of section 3517.103 of the Revised	1411
Code, the contribution limitations prescribed in section 3517.102	1412
of the Revised Code no longer apply during a general election	1413
period shall dispose of any excess funds not later than the	1414
thirty-first day of December after the day on which the general	1415
election was held.	1416

(6) Notwithstanding divisionsdivision (B)(1) and (2) of	1417
section 3517.109 of the Revised Code, the amount of excess	1418
aggregate contributions required to be disposed of under those	1419
divisionsthat division by a candidate whose contribution	1420
limitations have been reimposed pursuant to division (D)(4) of	1421
section 3517.103 of the Revised Code is limited to no more than	1422
the sum of the following:	1423

(a) The difference between the sum of the cash on hand and	1424
reported campaign assets on the date of the declaration of	1425
candidacy filing deadline, date of death, or date of withdrawal,	1426
whichever is applicable, less the sum of the cash on hand and	1427
reported campaign assets reported on the campaign committee's	1428
declaration of no limits under division (D)(2) of section 3517.103	1429
of the Revised Code;	1430

(b) The sum of the aggregate excess contributions of all	1431
contributors made from the beginning of the primary election	1432
period to the day immediately preceding the day on which	1433
contribution limitations prescribed in section 3517.102 of the	1434
Revised Code became inapplicable pursuant to division (D)(1) of	1435
section 3517.103 of the Revised Code.	1436

(C) Any campaign committee that is required to dispose of	1437
excess funds or excess aggregate contributions under division (B)	1438
of this section shall dispose of the excess amount or amounts in	1439
accordance with division (C) of section 3517.109 of the Revised	1440
Code.	1441

(D)(1) Any candidate who knowingly fails to dispose of excess	1442
funds or excess aggregate contributions as required by divisions	1443
(B) and (C) of this section, except a candidate whose campaign	1444
committee has been given a letter of substantial compliance as	1445
provided for in division (D)(2) of this section, shall not appear	1446
on the ballot, even if the candidate has been certified to appear	1447
on the ballot.	1448

(2) The secretary of state shall, after initially examining	1449
and reviewing any declaration provided for in division (F) of this	1450
section and making a determination that a campaign committee has	1451
substantially complied with the disposal requirements of division	1452
(B) of this section, promptly issue to the candidate's campaign	1453
committee a letter certifying that committee's substantial	1454
compliance.	1455

(3) The campaign committee of a candidate for statewidestate	1456
office as defined in division (A) of section 3517.109 of the	1457
Revised Code has not substantially complied with the disposal	1458
requirements of division (B) of this section if, upon initial	1459
review of a declaration filed pursuant to division (F) of this	1460
section, it is discovered that the candidate's campaign committee	1461
has failed to dispose of excess funds or excess aggregate	1462
contributions totaling in the aggregate more than ten thousand	1463
dollars.	1464

(4) The campaign committee of a candidate for member of the	1465
general assembly has not substantially complied with the disposal	1466
requirements of division (B) of this section if, upon initial	1467
review of a declaration filed pursuant to division (F) of this	1468
section, it is discovered that the candidate's campaign committee	1469
has failed to dispose of excess funds or excess aggregate	1470
contributions totaling in the aggregate more than twenty-five	1471
hundred dollars.	1472

(5) Any campaign committee that has received a letter	1473
indicating substantial compliance as provided for in division	1474
(D)(2) of this section shall, within thirty days after receiving	1475
such a letter, fully comply with the disposal requirements of	1476
division (B) of this section.	1477

(E) When the campaign committee of a candidate files a	1478
personal funds notice in accordance with division (C), or a	1479
declaration of no limits in accordance with division (D), of	1480
section 3517.103 of the Revised Code, the campaign committee of	1481
each such candidate shall file in the case of a primary election	1482
period a declaration of primary-day finances not later than	1483
fourteen days after the day on which the primary election was	1484
held, or shall file in the case of a general election period a	1485
declaration of year-end finances not later than the last business	1486
day of January of the next calendar year immediately following the	1487
day on which the general election was held.	1488

(F) The declaration of primary-day finances and declaration	1489
of year-end finances shall be filed on a form prescribed by the	1490
secretary of state and shall list all of the following:	1491

(1) The amount of net cash on hand in the candidate's	1492
campaign committee fund at the end of the day on which the primary	1493
election was held or cash on hand on the thirty-first day of	1494
December immediately following the day on which the general	1495
election was held, whichever is appropriate;	1496

(2) In the case of a declaration of primary-day finances, any	1497
debt or other obligation incurred by the committee during the	1498
primary election period and related to the primary election of the	1499
campaign committee's candidate;	1500

(3) The value and description of all campaign assets worth	1501
five hundred dollars or more available to the candidate at the end	1502
of the day on which the primary election was held or on the	1503
thirty-first day of December immediately following the day on	1504
which the general election was held;	1505

(4) The total of all aggregate contributions received by the	1506
candidate's campaign committee during the primary or general	1507
election period;	1508

(5) The total of all allowable aggregate contributions	1509
received by the candidate's campaign committee during the primary	1510
or general election period, whichever is applicable. The allowable	1511
aggregate contribution of each contributor shall be calculated as	1512
if the contribution limitations prescribed by section 3517.102 of	1513
the Revised Code were in effect.	1514

(6) A description of all excess funds and excess aggregate	1515
contributions disposed of by the candidate's campaign committee in	1516
accordance with division (B) of this section for that election.	1517

(G) The campaign committee of a candidate is not required to	1518
dispose of excess funds or excess aggregate contributions under	1519
division (B) of this section if both of the following apply:	1520

(1) The campaign committee has not accepted any aggregate	1521
contribution greater than the amount applicable under those	1522
divisions, excluding the amount of any contribution accepted	1523
before the day of the primary election held in 1996that division.	1524

(2) The campaign committee files on a form, prescribed by the	1525
secretary of state, with the official or board with which the	1526
candidate is required to file statements under section 3517.11 of	1527
the Revised Code, stating that the committee has not accepted	1528
aggregate contributions as described in division (G)(1) of this	1529
section.	1530

Sec. 3519.16. If theThe circulator of any part-petition,	1531
the committee interested thereinin the petition, or any elector	1532
filesmay file with the board of elections a protest against the	1533
board's findings made pursuant to section 3519.15 of the Revised	1534
Code, then. Protests shall be in writing and shall specify reasons	1535
for the protest. Protests for all initiative and referendum	1536
petitions other than those to be voted on by electors throughout	1537
the entire state shall be filed not later than four p.m. of the	1538
sixty-fourth day before the day of the election. Once a protest is	1539
filed, the board shall proceed to establish the sufficiency or	1540
insufficiency of the signatures and of the verification thereofof	1541
those signatures in an action before the court of common pleas in	1542
the county. SuchThe action mustshall be brought within three	1543
days after the protest has beenis filed, and the caseit shall be	1544
heard forthwith by a judge of suchthat court, whose decision	1545
shall be certified to the board. The signatures whichthat are	1546
adjudged sufficient or the part-petitions whichthat are adjudged	1547
properly verified shall be included with the others by the board,	1548
and those found insufficient and all those part-petitions which	1549
that are adjudged not properly verified shall not be included. The	1550

The properly verified part-petitions, together with the	1551
report of the board, shall be returned to the secretary of state	1552
not less than fifty days before the election, provided that, in	1553
the case of an initiated law to be presented to the general	1554
assembly, the boards shall promptly check and return the petitions	1555
together with their report. The secretary of state shall notify	1556
the chairmanchairperson of the committee in charge of the	1557
circulation as to the sufficiency or insufficiency of the petition	1558
and the extent of the insufficiency. If	1559

If the petition is found insufficient because of an	1560
insufficient number of valid signatures, suchthe committee shall	1561
be allowed ten additional days after suchthe notification by the	1562
secretary of state for the filing of additional signatures to such	1563
the petition. The part-petitions of the supplementary petition	1564
whichthat appear to the secretary of state to be properly	1565
verified, upon their receipt thereof by the secretary of state,	1566
shall forthwith be forwarded to the boards of the several counties	1567
together with the part-petitions of the original petition which	1568
that have been properly verified, and. They shall be immediately	1569
examined and passed upon as to the validity and sufficiency of the	1570
signatures thereonon them by each of suchthe boards and returned	1571
within five days to the secretary of state with the boards' report	1572
of each board. No signature on a supplementary part-petition which	1573
that is the same as a signature on an original part-petition shall	1574
be counted. The number of signatures in both the original and	1575
supplementary petitions, properly verified, shall be used by the	1576
secretary of state in determining the total number of signatures	1577
to the petition which hethat the secretary of state shall record	1578
and announce. If they are sufficient, then suchthe amendment,	1579
proposed law, or law shall be placed on the ballot as required by	1580
law. If the petition is found insufficient, the secretary of state	1581
shall notify the committee in charge of the circulation of the	1582
petition.	1583

Sec. 4117.03.  (A) Public employees have the right to:

1584

(1) Form, join, assist, or participate in, or refrain from	1585
forming, joining, assisting, or participating in, except as	1586
otherwise provided in Chapter 4117. of the Revised Code, any	1587
employee organization of their own choosing;	1588

(2) Engage in other concerted activities for the purpose of	1589
collective bargaining or other mutual aid and protection;	1590

(3) Representation by an employee organization;

1591

(4) Bargain collectively with their public employers to	1592
determine wages, hours, terms and other conditions of employment	1593
and the continuation, modification, or deletion of an existing	1594
provision of a collective bargaining agreement, and enter into	1595
collective bargaining agreements;	1596

(5) Present grievances and have them adjusted, without the	1597
intervention of the bargaining representative, as long as the	1598
adjustment is not inconsistent with the terms of the collective	1599
bargaining agreement then in effect and as long as the bargaining	1600
representatives have the opportunity to be present at the	1601
adjustment.	1602

(B) Persons on active duty or acting in any capacity as	1603
members of the organized militia do not have collective bargaining	1604
rights.	1605

(C) NothingExcept as provided in division (D) of this	1606
section, nothing in Chapter 4117. of the Revised Code prohibits	1607
public employers from electing to engage in collective bargaining,	1608
to meet and confer, to hold discussions, or to engage in any other	1609
form of collective negotiations with public employees who are not	1610
subject to Chapter 4117. of the Revised Code pursuant to division	1611
(C) of section 4117.01 of the Revised Code.	1612

(D) A public employer shall not engage in collective	1613
bargaining or other forms of collective negotiations with the	1614
employees of county boards of elections referred to in division	1615
(C)(12) of section 4117.01 of the Revised Code.	1616

Sec. 4301.323.  The electors of an election precinct may	1617
exercise the privilege of local option on the sale of beer and any	1618
intoxicating, wine and mixed beverages, or spirituous liquor at a	1619
particular location within the precinct if the petitioner for	1620
local option election is one of the following:	1621

(A) An applicant for the issuance or transfer of a liquor	1622
permit at, or to, a particular location within the precinct;	1623

(B) The holder of a liquor permit at a particular location	1624
within the precinct;	1625

(C) A person who operates or seeks to operate a liquor agency	1626
store at a particular location within the precinct;	1627

(D) The designated agent for an applicant, liquor permit	1628
holder, or liquor agency store described in division (A), (B), or	1629
(C) of this section.	1630

The privilege conferred by this section is in addition to the	1631
privilege conferred on the electors of precincts under section	1632
4301.32, 4301.321, 4301.322, or 4305.14 of the Revised Code.	1633

Sec. 4301.355.  (A) If a petition is filed under section	1634
4301.333 of the Revised Code for the submission of the question or	1635
questions set forth in this section, it shall be held in the	1636
precinct as ordered by the board of elections under that section.	1637
The expense of holding the election shall be charged to the	1638
municipal corporation or township of which the precinct is a part.	1639

(B) At the election, one or more of the following questions,	1640
as designated in a valid petition, shall be submitted to the	1641
electors of the precinct:	1642

(1) "Shall the sale of .......... (insert beer, wine and	1643
mixed beverages, or intoxicatingspirituous liquor) be permitted	1644
by .......... (insert name of applicant, liquor permit holder, or	1645
liquor agency store, including trade or fictitious name under	1646
which applicant for, or holder of, liquor permit or liquor agency	1647
store either intends to do, or does, business at the particular	1648
location), an .......... (insert "applicant for" or "holder of" or	1649
"operator of") a .......... (insert class name of liquor permit or	1650
permits followed by the words "liquor permit(s)" or, if	1651
appropriate, the words "liquor agency store for the State of	1652
Ohio"), who is engaged in the business of .......... (insert	1653
general nature of the business in which applicant or liquor permit	1654
holder is engaged or will be engaged in at the particular	1655
location, as described in the petition) at .......... (insert	1656
address of the particular location within the precinct as set	1657
forth in the petition) in this precinct?"	1658

(2) "Shall the sale of .......... (insert beer, wine and	1659
mixed beverages, or intoxicatingspirituous liquor) be permitted	1660
for sale on Sunday between the hours of .......... (insert "ten	1661
a.m. and midnight" or "one p.m. and midnight") by ..........	1662
(insert name of applicant, liquor permit holder, or liquor agency	1663
store, including trade or fictitious name under which applicant	1664
for, or holder of, liquor permit or liquor agency store either	1665
intends to do, or does, business at the particular location), an	1666
...... (insert "applicant for a D-6 liquor permit," "holder of a	1667
D-6 liquor permit," "applicant for or holder of an A-1-A, A-2,	1668
C-1, C-2x, D-1, D-2x, D-3, D-3x, D-4, D-5, D-5b, D-5c, D-5e, D-5f,	1669
D-5g, D-5h, D-5i, D-5j, D-5k, or D-7 liquor permit," if only the	1670
approval of beer sales is sought, or "liquor agency store") who is	1671
engaged in the business of .......... (insert general nature of	1672
the business in which applicant or liquor permit holder is engaged	1673
or will be engaged in at the particular location, as described in	1674
the petition) at .......... (insert address of the particular	1675
location within the precinct) in this precinct?"	1676

(C) If the sale of beer, wine and mixed beverages, or	1677
intoxicating liquor has been approved at a particular location	1678
within the precinct at a previous election held under this	1679
section, the ballot also shall include the following statement:	1680

"At a previous election held under section 4301.355 of the	1681
Revised Code, the electors approved the sale of .......... (insert	1682
beer, wine and mixed beverages, or intoxicating liquor, as	1683
appropriate) at .......... (insert business name and address of	1684
the particular location or locations within the precinct where	1685
that sale has been approved at a previous election under section	1686
4301.355 of the Revised Code)."	1687

(D) The board of elections shall furnish printed ballots at	1688
the election as provided under section 3505.06 of the Revised	1689
Code, except that a separate ballot shall be used for the election	1690
under this section. The question and, if applicable, the statement	1691
set forth in this section shall be printed on each ballot, and the	1692
board shall insert in the question and statement appropriate words	1693
to complete eachit. Votes shall be cast as provided under section	1694
3505.06 of the Revised Code.	1695

Sec. 4301.365. (A) If a majority of the electors in a	1696
precinct vote "yes" on questions (B)(1) and (2) as set forth in	1697
section 4301.355 of the Revised Code, the sale of beer, wine and	1698
mixed beverages, or intoxicatingspirituous liquor, whichever was	1699
the subject of the election, shall be allowed at the particular	1700
location and for the use, and during the hours on Sunday,	1701
specified in the questions under each permit applied for by the	1702
petitioner or at the address listed for the liquor agency store,	1703
subject only to this chapter and Chapter 4303. of the Revised	1704
Code. Failure to continue to use the particular location for any	1705
proposed or stated use set forth in the petition is grounds for	1706
the denial of a renewal of the liquor permit under division (A) of	1707
section 4303.271 of the Revised Code or is grounds for the	1708
nonrenewal or cancellation of the liquor agency store contract by	1709
the division of liquor control, except in the case where the	1710
liquor permit holder or liquor agency store decides to cease the	1711
sale of beer, wine and mixed beverages, or intoxicatingspirituous	1712
liquor, whichever was the subject of the election, on Sundays.	1713

(B) Except as otherwise provided in division (H) of this	1714
section, if a majority of the electors in a precinct vote "yes" on	1715
question (B)(1) and "no" on question (B)(2) as set forth in	1716
section 4301.355 of the Revised Code, the sale of beer, wine and	1717
mixed beverages, or intoxicatingspirituous liquor, whichever was	1718
the subject of the election, shall be allowed at the particular	1719
location for the use specified in question (B)(1) of section	1720
4301.355 of the Revised Code and under each permit applied for by	1721
the petitioner, except for a D-6 permit, subject only to this	1722
chapter and Chapter 4303. of the Revised Code.	1723

(C) If a majority of the electors in a precinct vote "no" on	1724
question (B)(1) as set forth in section 4301.355 of the Revised	1725
Code, no sales of beer, wine and mixed beverages, or intoxicating	1726
spirituous liquor, whichever was the subject of the election,	1727
shall be allowed at the particular location for the use specified	1728
in the petition during the period the election is in effect as	1729
defined in section 4301.37 of the Revised Code.	1730

(D) If a majority of the electors in a precinct vote only on	1731
question (B)(2) as set forth in section 4301.355 of the Revised	1732
Code and that vote results in a majority "yes" vote, sales of	1733
beer, wine and mixed beverages, or intoxicatingspirituous liquor,	1734
whichever was the subject of the election, shall be allowed at the	1735
particular location for the use and during the hours specified in	1736
the petition on Sunday during the period the election is in effect	1737
as defined in section 4301.37 of the Revised Code.	1738

(E) Except as otherwise provided in division (H) of this	1739
section, if a majority of the electors in a precinct vote only on	1740
question (B)(2) as set forth in section 4301.355 of the Revised	1741
Code and that vote results in a majority "no" vote, no sales of	1742
beer, wine and mixed beverages, or intoxicatingspirituous liquor,	1743
whichever was the subject of the election, shall be allowed at the	1744
particular location for the use and during the hours specified in	1745
the petition on Sunday during the period the election is in effect	1746
as defined in section 4301.37 of the Revised Code.	1747

(F) In case of elections in the same precinct for the	1748
question or questions set forth in section 4301.355 of the Revised	1749
Code and for a question or questions set forth in section 4301.35,	1750
4301.351, 4301.353, 4301.354, 4303.29, or 4305.14 of the Revised	1751
Code, the results of the election held on the question or	1752
questions set forth in section 4301.355 of the Revised Code shall	1753
apply to the particular location notwithstanding the results of	1754
the election held on the question or questions set forth in	1755
section 4301.35, 4301.351, 4301.353, 4301.354, 4303.29, or 4305.14	1756
of the Revised Code.	1757

(G) Sections 4301.32 to 4301.41 of the Revised Code do not	1758
prohibit the transfer of ownership of a permit that was issued to	1759
a particular location as the result of an election held on sales	1760
of beer, wine and mixed beverages, spirituous liquor, or	1761
intoxicating liquor at that particular location as long as the	1762
general nature of the business at that particular location	1763
described in the petition for that election remains the same after	1764
the transfer.	1765

(H) If question (B)(2) as set forth in section 4301.355 of	1766
the Revised Code is submitted to the electors of a precinct	1767
proposing to authorize the sale of beer, wine and mixed beverages,	1768
or intoxicatingspirituous liquor between the hours of ten a.m.	1769
and midnight at a particular location at which the sale of beer,	1770
wine and mixed beverages, spirituous liquor, or intoxicating	1771
liquor is already allowed between the hours of one p.m. and	1772
midnight and the question submitted is defeated, the sale of beer,	1773
wine and mixed beverages, spirituous liquor, or intoxicating	1774
liquor between the hours of one p.m. and midnight shall continue	1775
at that particular location.	1776

Section 2.  That existing sections 124.57, 3501.05, 3501.10,	1777
3501.28, 3506.01, 3506.05, 3506.06, 3506.10, 3509.07, 3513.052,	1778
3517.109, 3517.1010, 3519.16, 4117.03, 4301.323, 4301.355, and	1779
4301.365 of the Revised Code are hereby repealed.	1780

Section 3. (A) As used in this section:

1781

(1) "Automatic tabulating equipment, "ballot," "direct	1782
recording electronic voting machine," "marking device," "voter	1783
verified paper audit trail," and "voting machines" have the same	1784
meanings as in section 3506.01 of the Revised Code.	1785

(2) "County originally scheduled to acquire voting machines	1786
during the 2004 calendar year" means:	1787

(a) The following counties that are scheduled, pursuant to	1788
the process outlined in the version of the Ohio state plan that	1789
was published in the Federal Register on March 24, 2004, to	1790
acquire voting machines, marking devices, or automatic tabulating	1791
equipment for use in the August 2004 special election with funds	1792
made available pursuant to the Help America Vote Act of 2002:	1793
Adams, Auglaize, Brown, Carroll, Crawford, Delaware, Hardin,	1794
Harrison, Henry, Logan, Medina, Mercer, Portage, Putnam, and	1795
Trumbull;	1796

(b) The following counties that are scheduled, pursuant to	1797
the process outlined in the version of the Ohio state plan that	1798
was published in the Federal Register on March 24, 2004, to	1799
acquire voting machines, marking devices, or automatic tabulating	1800
equipment for use in the November 2004 general election with funds	1801
made available pursuant to the Help America Vote Act of 2002:	1802
Butler, Columbiana, Darke, Fairfield, Gallia, Huron, Jackson,	1803
Lorain, Lucas, Madison, Morgan, Paulding, Richland, Tuscarawas,	1804
Washington, and Williams.	1805

(3) "Help America Vote Act of 2002" means the "Help America	1806
Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.	1807

(4) "Ohio state plan" means the state plan prepared by the	1808
Secretary of State and the state plan committee for the state of	1809
Ohio pursuant to the Help America Vote Act of 2002.	1810

(B)(1)(a) If the board of elections of a county originally	1811
scheduled to acquire voting machines during the 2004 calendar year	1812
wishes to acquire voting machines, marking devices, or automatic	1813
tabulating equipment for use during the 2004 calendar year	1814
according to the schedule proposed pursuant to the process	1815
outlined in the version of the Ohio state plan that was published	1816
in the Federal Register on March 24, 2004, with funds made	1817
available pursuant to the Help America Vote Act of 2002, the board	1818
may vote to reaffirm any prior decision made under that process to	1819
so acquire and use voting machines, marking devices, or automatic	1820
tabulating equipment at a meeting held within thirty days after	1821
the effective date of this section.	1822

(b) If the board of elections of a county originally	1823
scheduled to acquire voting machines during the 2004 calendar year	1824
fails to vote on a decision under division (B)(1)(a) of this	1825
section within thirty days after the effective date of this	1826
section, the county shall not acquire voting machines, marking	1827
devices, or automatic tabulating equipment for use during the 2004	1828
calendar year with funds made available pursuant to the Help	1829
America Vote Act of 2002. The Secretary of State shall not compel	1830
the board of elections of a county originally scheduled to acquire	1831
voting machines during the 2004 calendar year to vote to acquire	1832
voting machines, marking devices, or automatic tabulating	1833
equipment under division (B)(1)(a) of this section.	1834

(c) If the board of elections of a county originally	1835
scheduled to acquire voting machines during the 2004 calendar year	1836
votes to reaffirm a prior decision to acquire voting machines,	1837
marking devices, or automatic tabulating equipment for use during	1838
the 2004 calendar year with funds made available pursuant to the	1839
Help America Vote Act of 2002 under division (B)(1)(a) of this	1840
section, that county shall proceed with the acquisition of the	1841
selected voting machines, marking devices, or automatic tabulating	1842
equipment with those funds according to the process outlined in	1843
the version of the Ohio state plan that was published in the	1844
Federal Register on March 24, 2004. The Secretary of State shall	1845
purchase the selected voting machines, marking devices, or	1846
automatic tabulating equipment for the county by acting as an	1847
agent on behalf of the board of county commissioners of that	1848
county.	1849

(2)(a) A county may acquire voting machines, marking devices,	1850
or automatic tabulating equipment for use during the 2005 calendar	1851
year pursuant to the process outlined in the version of the Ohio	1852
state plan that was published in the Federal Register on March 24,	1853
2004, prior to the certification of direct recording electronic	1854
voting machines with a voter verified paper audit trail in	1855
accordance with division (E)(1) of this section if both of the	1856
following apply:	1857

(i) The county did not acquire voting machines, marking	1858
devices, or automatic tabulating equipment under division (B)(1)	1859
of this section for use during the 2004 calendar year.	1860

(ii) The county has selected, through the process outlined in	1861
the version of the Ohio state plan that was published in the	1862
Federal Register on March 24, 2004, voting machines, marking	1863
devices, or automatic tabulating equipment other than direct	1864
recording electronic voting machines as the primary voting system	1865
to be used in the county. This division does not preclude the	1866
acquisition of direct recording electronic voting machines to the	1867
extent that the county is scheduled to acquire only one direct	1868
recording electronic voting machine for each polling place as	1869
required by the Help America Vote Act of 2002.	1870

(b) If a county chooses to acquire voting machines, marking	1871
devices, or automatic tabulating equipment under division	1872
(B)(2)(a) of this section, the Secretary of State shall purchase	1873
the selected voting machines, marking devices, or automatic	1874
tabulating equipment for the county by acting as an agent on	1875
behalf of the board of county commissioners of that county.	1876

(C) It is the intent of the General Assembly that the state	1877
of Ohio pay, with funds made available pursuant to the Help	1878
America Vote Act of 2002 or through an appropriation of state	1879
capital funds, for any additional costs a county incurs after the	1880
initial purchase of direct recording electronic voting machines,	1881
to upgrade, retrofit, or otherwise equip those voting machines	1882
with a voter verified paper audit trail if the county acquires the	1883
voting machines in any of the following manners:	1884

(1) The county purchases the direct recording electronic	1885
voting machines before the effective date of this section using	1886
county funds and is entitled to reimbursement for that purchase	1887
under the Help America Vote Act of 2002.	1888

(2) The county acquires the direct recording electronic	1889
voting machines for use during the 2004 calendar year under	1890
division (B)(1) of this section.	1891

(3) The county acquires voting machines, marking devices, or	1892
automatic tabulating equipment, including direct recording	1893
electronic voting machines, under division (B)(2) of this section.	1894

(4) The county acquired direct recording electronic voting	1895
machines before January 1, 2000, and is not scheduled to acquire	1896
new voting machines, marking devices, or automatic tabulating	1897
equipment with funds made available under the Help America Vote	1898
Act of 2002 under the process outlined in the version of the Ohio	1899
state plan that was published in the Federal Register on March 24,	1900
2004.	1901

(D)(1) If a county does not acquire voting machines, marking	1902
devices, or automatic tabulating equipment under division (B)(1)	1903
or (2) of this section or does not acquire voting machines,	1904
marking devices, or automatic tabulating equipment through the	1905
process described in division (C)(1) or (4) of this section, the	1906
process for counties to acquire voting machines, marking devices,	1907
or automatic tabulating equipment with funds made available	1908
pursuant to the Help America Vote Act of 2002 that is outlined in	1909
the version of the Ohio state plan that was published in the	1910
Federal Register on March 24, 2004, shall be subject to divisions	1911
(E) and (F) of this section with respect to any direct recording	1912
electronic voting machine a county selects for acquisition.	1913

(2) Nothing in division (E) or (F) of this section shall	1914
affect the acquisition of voting machines, marking devices, or	1915
automatic tabulating equipment, other than direct recording	1916
electronic voting machines, under the process outlined in the	1917
version of the Ohio state plan that was published in the Federal	1918
Register on March 24, 2004.	1919

(E)(1)(a) The Secretary of State shall adopt a schedule	1920
pursuant to which the Secretary of State shall certify for use in	1921
this state direct recording electronic voting machines with a	1922
voter verified paper audit trail. That schedule shall provide for	1923
the certification, acquisition, and implementation of direct	1924
recording electronic voting machines with a voter verified paper	1925
audit trail not later than the first federal election that occurs	1926
after January 1, 2006, unless required sooner by the Help America	1927
Vote Act of 2002.	1928

(b) Before certifying any direct recording electronic voting	1929
machines with a voter verified paper audit trail, the Secretary of	1930
State shall establish standards for the certification of those	1931
machines as required by division (H)(3) of section 3506.05 of the	1932
Revised Code. In addition to the requirements of that section, the	1933
standards for certification shall require a direct recording	1934
electronic voting machine with a voter verified paper audit trail	1935
to meet the requirements of the Help America Vote Act of 2002,	1936
Chapter 3506. of the Revised Code, this act, and any other	1937
applicable laws and standards.	1938

(c) Any vendor of a direct recording electronic voting	1939
machine with a voter verified paper audit trail may seek	1940
certification of that machine for use in this state under the	1941
certification standards the Secretary of State is required to	1942
adopt under division (H)(3) of section 3506.05 of the Revised Code	1943
and division (E)(1)(b) of this section according to the	1944
certification schedule the Secretary of State is required to adopt	1945
under division (E)(1)(a) of this section.	1946

(d) No vendor, type, or model of direct recording electronic	1947
voting machine that was approved in this state according to the	1948
process outlined in the version of the Ohio state plan that was	1949
published in the Federal Register on March 24, 2004, shall remain	1950
on the approved list of vendors, types, or models for acquisition	1951
with funds made available pursuant to the Help America Vote Act of	1952
2002 unless it is subject to the certification standards for	1953
direct recording electronic voting machines with a voter verified	1954
paper audit trail the Secretary of State is required to adopt	1955
under division (H)(3) of section 3506.05 of the Revised Code and	1956
division (E)(1)(b) of this section.	1957

(2) After the Secretary of State certifies direct recording	1958
electronic voting machines with a voter verified paper audit trail	1959
under division (E)(1) of this section, the Secretary of State	1960
shall commence price negotiations with any willing vendor that	1961
meets both of the following requirements:	1962

(a) The vendor's direct recording electronic voting machine	1963
was approved for acquisition and use in this state under the	1964
process outlined in the version of the Ohio state plan that was	1965
published in the Federal Register on March 24, 2004.	1966

(b) The vendor's direct recording electronic voting machine	1967
with a voter verified paper audit trail is certified in accordance	1968
with division (E)(1) of this section.	1969

(3) With each willing vendor that meets the requirements of	1970
division (E)(2) of this section, the Secretary of State shall	1971
negotiate for a final unified price. The final unified price shall	1972
include both of the following:	1973

(a) The cost of upgrading, retrofitting, or otherwise	1974
equipping all direct recording electronic voting machines produced	1975
by that vendor and acquired under division (B)(1) or (2) of this	1976
section or through the process described in division (C)(1) or (4)	1977
of this section with a voter verified paper audit trail;	1978

(b) The purchase price for that vendor for all direct	1979
recording electronic voting machines that were previously selected	1980
by a county for acquisition during the 2005 calendar year under	1981
the process outlined in the version of the Ohio state plan that	1982
was published in the Federal Register on March 24, 2004, and that	1983
have not already been acquired under division (B)(2) of this	1984
section. The purchase price under this division shall include the	1985
price for equipping each direct recording electronic voting	1986
machine with a voter verified paper audit trail.	1987

(4) After the Secretary of State negotiates a final unified	1988
price with each eligible vendor under division (E)(3) of this	1989
section, the Secretary of State shall perform the following	1990
calculation with respect to each vendor:	1991

(a) For each vendor, the final unified price shall be added	1992
to the total cost of all direct recording electronic voting	1993
machines acquired from that vendor under division (B)(1) or (2) of	1994
this section or through the process described in division (C)(1)	1995
or (4) of this section.	1996

(b) To determine the percentage change between acquiring	1997
direct recording electronic voting machines under the contract	1998
negotiated under the process outlined in the version of the Ohio	1999
state plan that was published in the Federal Register on March 24,	2000
2004, and acquiring direct recording electronic voting machines	2001
with a voter verified paper audit trail, the sum under division	2002
(E)(4)(a) of this section shall be divided by the total cost of	2003
acquiring direct recording electronic voting machines from that	2004
vendor if all counties that previously selected those machines	2005
from that vendor under the process outlined in the version of the	2006
Ohio state plan that was published in the Federal Register on	2007
March 24, 2004, had acquired the machines under that contract.	2008

(5) If the calculation performed under division (E)(4) of	2009
this section results in a percentage cost of one hundred twenty	2010
per cent or less, the Secretary of State may accept this cost,	2011
subject to Controlling Board approval. If approved by the	2012
Controlling Board, the Secretary of State may permit both of the	2013
following:	2014

(a) Counties that have not yet purchased direct recording	2015
electronic voting machines with funds made available under the	2016
Help America Vote Act of 2002 and that previously selected that	2017
vendor's direct recording electronic voting machines to purchase	2018
direct recording electronic voting machines with a voter verified	2019
paper audit trail from that vendor according to the process	2020
outlined in the version of the Ohio state plan that was published	2021
in the Federal Register on March 24, 2004;	2022

(b) Counties that previously purchased direct recording	2023
electronic voting machines from that vendor under division (B)(1)	2024
or (2) of this section or through the process described in	2025
division (C)(1) or (4) of this section to upgrade, retrofit, or	2026
otherwise equip those direct recording electronic voting machines	2027
with a voter verified paper audit trail from that vendor.	2028

(6) If the calculation performed under division (E)(4) of	2029
this section results in a percentage cost of more than one hundred	2030
twenty per cent, the Secretary of State shall not accept the cost,	2031
and any contract negotiated with that vendor shall be deemed null	2032
and void with respect to any direct recording electronic voting	2033
machines not yet purchased.	2034

(F)(1) If a vendor of a direct recording electronic voting	2035
machine that was approved for acquisition and use in this state	2036
under the process outlined in the version of the Ohio state plan	2037
that was published in the Federal Register on March 24, 2004,	2038
chooses not to seek or fails to gain certification for a direct	2039
recording electronic voting machine with a voter verified paper	2040
audit trail, or if the vendor's contract is declared null and void	2041
under division (E)(6) of this section, any vendor of a direct	2042
recording electronic voting machine with a voter verified paper	2043
audit trail that is certified for use in this state may submit a	2044
bid to provide voting machines, marking devices, or automatic	2045
tabulating equipment for those counties whose original direct	2046
recording electronic voting machine selection is no longer	2047
available under this section.	2048

(2) The Secretary of State shall develop a process by which	2049
vendors of a certified direct recording electronic voting machine	2050
with a voter verified paper audit trail may submit bids under	2051
division (F)(1) of this section, by which the Secretary of State	2052
shall approve for acquisition, and by which counties identified in	2053
division (F)(1) of this section may purchase voting machines,	2054
marking devices, or automatic tabulating equipment using funds	2055
made available pursuant to the Help America Vote Act of 2002. Any	2056
voting machines, marking devices, or automatic tabulating	2057
equipment so purchased shall meet the requirements of the Help	2058
America Vote Act of 2002, Chapter 3506. of the Revised Code, this	2059
act, and any other applicable laws and standards. Any process the	2060
Secretary of State develops under this division shall be described	2061
in the Ohio state plan. The process shall permit the Secretary of	2062
State to purchase voting machines, marking devices, or automatic	2063
tabulating equipment on behalf of a board of county commissioners	2064
with the Secretary of State acting as an agent of the board.	2065

The process shall not authorize the Secretary of State to do	2066
either of the following:	2067

(a) Purchase voting machines, marking devices, or automatic	2068
tabulating equipment except when acting as an agent on behalf of	2069
the board of county commissioners of a county;	2070

(b) Require a county board of elections to select or use any	2071
direct recording electronic voting machine except as otherwise	2072
required by federal law.	2073

(G) The acquisition of voting machines, marking devices, or	2074
automatic tabulating equipment under this section with funds made	2075
available pursuant to the Help America Vote Act of 2002 shall be	2076
completed before the first federal election that occurs after	2077
January 1, 2006, unless required sooner by that Act.	2078

(H) It is the intent of the General Assembly that the state	2079
of Ohio pay, with funds made available pursuant to the Help	2080
America Vote Act of 2002 or through an appropriation of state	2081
capital funds, the full cost of acquiring all voting machines,	2082
marking devices, or automatic tabulating equipment under this	2083
section.	2084

Section 4. The Secretary of State shall amend the state plan	2085
prepared by the Secretary of State and the state plan committee	2086
pursuant to the Help America Vote Act of 2002, Public Law 107-252,	2087
116 Stat. 1666, as required to conform with the provisions of this	2088
act.	2089

Section 5. That Section 99 of Am. Sub. H.B. 95 of the 125th	2090
General Assembly be amended to read as follows:	2091

Sec. 99.  SOS SECRETARY OF STATE

2092

General Revenue Fund

2093

General Services Fund Group

2099

Federal Special Revenue Fund Group

2105

State Special Revenue Fund Group

2112

Holding Account Redistribution Fund Group

2117

BOARD OF VOTING MACHINE EXAMINERS

2123

The foregoing appropriation item 050-610, Board of Voting	2124
Machine Examiners, shall be used to pay for the services and	2125
expenses of the members of the Board of Voting Machine Examiners,	2126
and for other expenses that are authorized to be paid from the	2127
Board of Voting Machine Examiners Fund, which is created in	2128
section 3506.05 of the Revised Code. Moneys not used shall be	2129
returned to the person or entity submitting the equipment for	2130
examination. If it is determined that additional appropriations	2131
are necessary, such amounts are appropriated.	2132

HOLDING ACCOUNT REDISTRIBUTION GROUP

2133

The foregoing appropriation items 050-605 and 050-606,	2134
Holding Account Redistribution Fund Group, shall be used to hold	2135
revenues until they are directed to the appropriate accounts or	2136
until they are refunded. If it is determined that additional	2137
appropriations are necessary, such amounts are appropriated.	2138

VOTER/POLL WORKER EDUCATION FUND

2139

If, as of the effective date of this amendment, the	2140
Controlling Board has not taken action to allow for a statewide	2141
voter education and poll worker training program in the state, the	2142
Director of Budget and Management shall transfer $5,000,000 from	2143
the Election Reform Fund (Fund 3AA) to the Voter Education/Poll	2144
Worker Education Fund (Fund 3AT). Of the foregoing appropriation	2145
item 050-614, Voter/Poll Worker Education, $2,500,000 shall be	2146
allocated to the counties, subject to Controlling Board approval.	2147
Of this amount, the Secretary of State shall distribute $440,000	2148
to the counties such that each county shall receive $5,000. The	2149
remaining $2,060,000 allocated shall be distributed to the	2150
counties based upon per capita population as determined by the	2151
most recent federal decennial census data. $2,500,000 shall be	2152
used to conduct a statewide voter education and poll	2153
worker-training program, subject to Controlling Board approval.	2154

Of the $2,500,000 appropriated to counties, no county shall	2155
receive its allotted funding until it has submitted a voter	2156
education plan to, and had that plan approved by, the Secretary of	2157
State. Of the $2,500,000 appropriated to the Secretary of State	2158
for the purpose of conducting a voter education and poll worker	2159
training program, the Secretary of State may use up to $1,000,000	2160
for the development, implementation, and certification for	2161
standards of Voter Verified Paper Audit Trail (VVPAT) systems.	2162

After January 1, 2005, the Secretary of State may seek	2163
approval from the Controlling Board for the release of an	2164
additional $2,500,000 from the Election Reform Fund (Fund 3AA), if	2165
the Secretary of State can demonstrate it is necessary for the	2166
implementation of additional voter education and poll worker	2167
training. Of this $2,500,000, the Secretary of State must	2168
distribute $1,250,000 to the counties on a per capita basis based	2169
upon population as determined by the most recent federal decennial	2170
census data. However, the $1,250,000 shall not be released to the	2171
individual counties until those counties have submitted a voter	2172
education plan to, and had that plan approved by, the Secretary of	2173
State.	2174

Upon the effective date of this amendment, the Secretary of	2175
State may request that the Director of Budget and Management	2176
transfer an amount from the Election Reform Fund (Fund 3AA) to a	2177
GRF appropriation item within the Secretary of State's Budget for	2178
the compensation of the ADA coordinator under section 3501.05 of	2179
the Revised Code.	2180

2004 HAVA VOTING MACHINES FUND

2181

If, as of the effective date of this amendment, the	2182
Controlling Board has not taken action to approve the funds for	2183
deployment of HAVA certified voting systems in 2004, the Director	2184
of Budget and Management shall transfer an amount not to exceed	2185
$27,250,000 from the Election Reform Fund (Fund 3AA) to the 2004	2186
HAVA Voting Machines Fund (Fund 3AR).	2187

2005 HAVA VOTING MACHINES FUND

2188

As of the effective date of this amendment, the Director of	2189
Budget and Management shall transfer an amount not to exceed	2190
$79,250,000 from the Election Reform Fund (Fund 3AA) to the 2005	2191
HAVA Voting Machines Fund (Fund 3AS). The amount is hereby	2192
appropriated. The Secretary of State shall certify to the Director	2193
of Budget and Management any amount from the 2004 Voting Machines	2194
Fund (Fund 3AR) that was not required for voting machine	2195
replacement or upgrades. The Director of Budget and Management	2196
shall transfer this amount to the 2005 HAVA Voting Machines Fund	2197
(Fund 3AS) and abolish the 2004 HAVA Voting Machines Fund (Fund	2198
3AR).	2199

Section 6. That existing Section 99 of Am. Sub. H.B. 95 of	2200
the 125th General Assembly is hereby repealed.	2201

Section 7. The Director of the Legislative Service Commission	2202
may use up to $350,000 from the Election Reform Fund (Fund 3AA),	2203
created by the Controlling Board in 2003, to conduct a security	2204
review study of electronic voting machines. The amount is hereby	2205
appropriated.	2206

Section 8. The codified and uncodified sections of law	2207
amended or enacted by this act, and the items of law of which the	2208
sections as amended or enacted by this act are composed, are not	2209
subject to the referendum. Therefore, under Ohio Constitution,	2210
Article II, Section 1d and section 1.471 of the Revised Code, the	2211
sections of law amended or enacted by this act, and the items of	2212
law of which the sections as amended or enacted by this act are	2213
composed, go into immediate effect when this act becomes law.	2214