Am. Sub. H. B. No. 234 As Passed by the House

Representatives Wolpert, Kearns, C. Evans, D. Evans, Beatty, Miller, Brown, Distel, S. Smith, Widowfield, Trakas, Boccieri, Hood, Allen, D. Stewart, Law, Uecker, Barrett, Book, Calvert, Carano, Cassell, Chandler, Combs, DeBose, Dolan, Domenick, Flowers, Hartnett, Harwood, Healy, Hoops, Hughes, Key, Koziura, Mason, McGregor, Otterman, T. Patton, Perry, Schneider, Seaver, G. Smith, J. Stewart, Ujvagi, White, Williams, Yuko

A BILL

To amend sections 3501.22 and 3501.27 of the Revised 1
Code to permit a board of elections, in 2
conjunction with a board of education, the 3
governing authority of a community school, or the 4
chief administrator of a nonpublic school, to 5
establish a program permitting certain high school 6
seniors to serve as precinct officers on the day 7
of an election. 8

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

       Section 1. That sections 3501.22 and 3501.27 of the Revised 9
Code be amended to read as follows: 10

       Sec. 3501.22. (A) On or before the fifteenth day of 11
September in each year the board of elections by a majority vote 12
shall, after careful examination and investigation as to their 13
qualifications, appoint for each election precinct four ~~competent~~ 14
~~electors,~~ residents of the county in which the precinct is 15
located, as judges. ~~Such electors~~Except as otherwise provided in 16
division (C) of this section, all judges of election shall be 17
qualified electors. The judges shall constitute the election 18
officers of the precinct. Not more than one-half of the total 19
number of judges shall be members of the same political party. The 20
term of such precinct officers shall be for one year. The board 21
may, at any time, designate any number of election officers, not 22
more than one-half of whom shall be members of the same political 23
party, to perform their duties at any precinct in any election. 24
The board may appoint additional officials, equally divided 25
between the two major political parties, when necessary to 26
expedite voting. 27

       Vacancies for unexpired terms shall be filled by the board. 28
When new precincts have been created, the board shall appoint 29
judges for such precincts for the unexpired term. Any judge may be 30
summarily removed from office at any time by the board for neglect 31
of duty, malfeasance, or misconduct in office, or for any other 32
good and sufficient reason. 33

       Precinct election officials shall perform all of the duties 34
provided by law for receiving the ballots and supplies, opening 35
and closing the polls, and overseeing the casting of ballots 36
during the time the polls are open, and any other duties required 37
by section 3501.26 of the Revised Code. 38

       A board of elections may designate two precinct election 39
officials as counting officials to count and tally the votes cast 40
and certify the results of the election at each precinct, and 41
perform such other duties as are provided by law. To expedite the 42
counting of votes at each precinct, the board may appoint 43
additional officials, not more than one-half of whom shall be 44
members of the same political party. 45

       The board shall designate one of the precinct election 46
officials who is a member of the dominant political party to serve 47
as a presiding judge, whose duty it is to deliver the returns of 48
the election and all supplies to the office of the board. For 49
these services the presiding judge shall receive additional 50
compensation in an amount, consistent with section 3501.28 of the 51
Revised Code, determined by the board of elections. 52

       The board shall issue to each precinct election official a 53
certificate of appointment, which the official shall present to 54
the presiding judge at the time the polls are opened. 55

       (B) If the board of elections determines that not enough 56
qualified electors in a precinct are available to serve as 57
precinct officers, it may appoint persons to serve as precinct 58
officers at a primary, special, or general election who are at 59
least seventeen years of age and are registered to vote in 60
accordance with section 3503.07 of the Revised Code. No more than 61
two precinct officers in any precinct shall be under eighteen 62
years of age. 63

       (C)(1) A board of elections, in conjunction with the board of 64
education of a city, local, or exempted village school district, 65
the governing authority of a community school established under 66
Chapter 3314. of the Revised Code, or the chief administrator of a 67
nonpublic school may establish a program permitting certain high 68
school students to apply and, if appointed by the board of 69
elections, to serve as precinct officers at a primary, special, or 70
general election. 71

       In addition to the requirements established by division 72
(C)(2) of this section, a board of education, governing authority, 73
or chief administrator that establishes a program under this 74
division in conjunction with a board of elections may establish 75
additional criteria that students shall meet to be eligible to 76
participate in that program. 77

       (2)(a) To be eligible to participate in a program established 78
under division (C)(1) of this section, a student shall be a United 79
States citizen, a resident of the county, at least seventeen years 80
of age, and enrolled in the senior year of high school. 81

       (b) Any student applying to participate in a program 82
established under division (C)(1) of this section, as part of the 83
student's application process, shall declare the student's 84
political party affiliation with the board of elections. 85

       (3) No student appointed as a precinct officer pursuant to a 86
program established under division (C)(1) of this section shall be 87
designated as a presiding judge. 88

       (4) Any student participating in a program established under 89
division (C)(1) of this section shall be excused for that 90
student's absence from school on the day of an election at which 91
the student is serving as a precinct officer. 92

       Sec. 3501.27. (A) All judges of election shall ~~be qualified~~ 93
~~electors who have completed~~complete a program of instruction 94
pursuant to division (B) of this section. No person who has been 95
convicted of a felony, or any violation of the election laws, or 96
who is unable to read and write the English language readily, or 97
who is a candidate for an office to be voted for by the voters of 98
the precinct in which hethe person is to serve shall serve as an 99
election officer. A person when appointed as an election officer 100
shall receive from the board of elections a certificate of 101
appointment which may be revoked at any time by the board for good 102
and sufficient reasons. Such certificate shall be in such form as 103
the board prescribes and shall specify the precinct, ward, or 104
district in and for which the person to whom it is issued is 105
appointed to serve, the date of appointment, and the expiration of 106
~~his~~the person's term of service. 107

       (B) Each board shall establish a program as prescribed by the 108
secretary of state for the instruction of election officers in the 109
rules, procedures, and law relating to elections. In each program, 110
the board shall use training materials prepared by the secretary 111
of state, and may use additional materials prepared by or on 112
behalf of the board. The board may use the services of unpaid 113
volunteers in conducting its program and may reimburse such 114
volunteers for necessary and actual expenses incurred in 115
participating in the program. 116

       The board shall train each new election officer before the 117
new officer participates in ~~his~~the first election in that 118
capacity. The board shall instruct election officials who have 119
been trained previously only when the board or secretary of state 120
considers such instruction necessary, but the board shall 121
reinstruct such persons, other than presiding judges, at least 122
once in every three years and shall reinstruct presiding judges 123
before the primary election in even-numbered years. The board 124
shall schedule any program of instruction within sixty days prior 125
to the election in which the officials to be trained will 126
participate. 127

       (C) The duties of a judge of an election in each polling 128
place shall be performed only by an individual who has 129
successfully completed the requirements of the program, unless 130
such an individual is unavailable after reasonable efforts to 131
obtain such services. 132

       (D) The secretary of state shall establish a program for the 133
instruction of members of boards of elections and employees of 134
boards in the rules, procedures, and law relating to elections. 135
Each member and employee shall complete the training program 136
within six months after ~~his~~the member's or employee's original 137
appointment or employment, and thereafter, each member and 138
employee shall complete a training program to update their 139
knowledge once every four years or more often as determined by the 140
secretary of state. 141

       (E) The secretary of state shall reimburse each county for 142
the cost of programs established pursuant to division (B) of this 143
section, once hethe secretary of state has received an itemized 144
statement of expenses for such instruction programs from the 145
county. The itemized statement shall be in a form prescribed by 146
the secretary of state. 147

       Section 2. That existing sections 3501.22 and 3501.27 of the 148
Revised Code are hereby repealed. 149

       Section 3. Section 3501.22 of the Revised Code is presented 150
in this act as a composite of the section as amended by both Am. 151
Sub. H.B. 99 and Am. H.B. 215 of the 121st General Assembly. The 152
General Assembly, applying the principle stated in division (B) of 153
section 1.52 of the Revised Code that amendments are to be 154
harmonized if reasonably capable of simultaneous operation, finds 155
that the composite is the resulting version of the section in 156
effect prior to the effective date of the section as presented in 157
this act. 158

Section 1. That sections 3501.22 and 3501.27 of the Revised	9
Code be amended to read as follows:	10

Sec. 3501.22. (A) On or before the fifteenth day of	11
September in each year the board of elections by a majority vote	12
shall, after careful examination and investigation as to their	13
qualifications, appoint for each election precinct four ~~competent~~	14
~~electors,~~ residents of the county in which the precinct is	15
located, as judges. ~~Such electors~~Except as otherwise provided in	16
division (C) of this section, all judges of election shall be	17
qualified electors. The judges shall constitute the election	18
officers of the precinct. Not more than one-half of the total	19
number of judges shall be members of the same political party. The	20
term of such precinct officers shall be for one year. The board	21
may, at any time, designate any number of election officers, not	22
more than one-half of whom shall be members of the same political	23
party, to perform their duties at any precinct in any election.	24
The board may appoint additional officials, equally divided	25
between the two major political parties, when necessary to	26
expedite voting.	27

Vacancies for unexpired terms shall be filled by the board.	28
When new precincts have been created, the board shall appoint	29
judges for such precincts for the unexpired term. Any judge may be	30
summarily removed from office at any time by the board for neglect	31
of duty, malfeasance, or misconduct in office, or for any other	32
good and sufficient reason.	33

Precinct election officials shall perform all of the duties	34
provided by law for receiving the ballots and supplies, opening	35
and closing the polls, and overseeing the casting of ballots	36
during the time the polls are open, and any other duties required	37
by section 3501.26 of the Revised Code.	38

A board of elections may designate two precinct election	39
officials as counting officials to count and tally the votes cast	40
and certify the results of the election at each precinct, and	41
perform such other duties as are provided by law. To expedite the	42
counting of votes at each precinct, the board may appoint	43
additional officials, not more than one-half of whom shall be	44
members of the same political party.	45

The board shall designate one of the precinct election	46
officials who is a member of the dominant political party to serve	47
as a presiding judge, whose duty it is to deliver the returns of	48
the election and all supplies to the office of the board. For	49
these services the presiding judge shall receive additional	50
compensation in an amount, consistent with section 3501.28 of the	51
Revised Code, determined by the board of elections.	52

The board shall issue to each precinct election official a	53
certificate of appointment, which the official shall present to	54
the presiding judge at the time the polls are opened.	55

(B) If the board of elections determines that not enough	56
qualified electors in a precinct are available to serve as	57
precinct officers, it may appoint persons to serve as precinct	58
officers at a primary, special, or general election who are at	59
least seventeen years of age and are registered to vote in	60
accordance with section 3503.07 of the Revised Code. No more than	61
two precinct officers in any precinct shall be under eighteen	62
years of age.	63

(C)(1) A board of elections, in conjunction with the board of	64
education of a city, local, or exempted village school district,	65
the governing authority of a community school established under	66
Chapter 3314. of the Revised Code, or the chief administrator of a	67
nonpublic school may establish a program permitting certain high	68
school students to apply and, if appointed by the board of	69
elections, to serve as precinct officers at a primary, special, or	70
general election.	71

In addition to the requirements established by division	72
(C)(2) of this section, a board of education, governing authority,	73
or chief administrator that establishes a program under this	74
division in conjunction with a board of elections may establish	75
additional criteria that students shall meet to be eligible to	76
participate in that program.	77

(2)(a) To be eligible to participate in a program established	78
under division (C)(1) of this section, a student shall be a United	79
States citizen, a resident of the county, at least seventeen years	80
of age, and enrolled in the senior year of high school.	81

(b) Any student applying to participate in a program	82
established under division (C)(1) of this section, as part of the	83
student's application process, shall declare the student's	84
political party affiliation with the board of elections.	85

(3) No student appointed as a precinct officer pursuant to a	86
program established under division (C)(1) of this section shall be	87
designated as a presiding judge.	88

(4) Any student participating in a program established under	89
division (C)(1) of this section shall be excused for that	90
student's absence from school on the day of an election at which	91
the student is serving as a precinct officer.	92

Sec. 3501.27. (A) All judges of election shall ~~be qualified~~	93
~~electors who have completed~~complete a program of instruction	94
pursuant to division (B) of this section. No person who has been	95
convicted of a felony, or any violation of the election laws, or	96
who is unable to read and write the English language readily, or	97
who is a candidate for an office to be voted for by the voters of	98
the precinct in which hethe person is to serve shall serve as an	99
election officer. A person when appointed as an election officer	100
shall receive from the board of elections a certificate of	101
appointment which may be revoked at any time by the board for good	102
and sufficient reasons. Such certificate shall be in such form as	103
the board prescribes and shall specify the precinct, ward, or	104
district in and for which the person to whom it is issued is	105
appointed to serve, the date of appointment, and the expiration of	106
~~his~~the person's term of service.	107

(B) Each board shall establish a program as prescribed by the	108
secretary of state for the instruction of election officers in the	109
rules, procedures, and law relating to elections. In each program,	110
the board shall use training materials prepared by the secretary	111
of state, and may use additional materials prepared by or on	112
behalf of the board. The board may use the services of unpaid	113
volunteers in conducting its program and may reimburse such	114
volunteers for necessary and actual expenses incurred in	115
participating in the program.	116

The board shall train each new election officer before the	117
new officer participates in ~~his~~the first election in that	118
capacity. The board shall instruct election officials who have	119
been trained previously only when the board or secretary of state	120
considers such instruction necessary, but the board shall	121
reinstruct such persons, other than presiding judges, at least	122
once in every three years and shall reinstruct presiding judges	123
before the primary election in even-numbered years. The board	124
shall schedule any program of instruction within sixty days prior	125
to the election in which the officials to be trained will	126
participate.	127

(C) The duties of a judge of an election in each polling	128
place shall be performed only by an individual who has	129
successfully completed the requirements of the program, unless	130
such an individual is unavailable after reasonable efforts to	131
obtain such services.	132

(D) The secretary of state shall establish a program for the	133
instruction of members of boards of elections and employees of	134
boards in the rules, procedures, and law relating to elections.	135
Each member and employee shall complete the training program	136
within six months after ~~his~~the member's or employee's original	137
appointment or employment, and thereafter, each member and	138
employee shall complete a training program to update their	139
knowledge once every four years or more often as determined by the	140
secretary of state.	141

(E) The secretary of state shall reimburse each county for	142
the cost of programs established pursuant to division (B) of this	143
section, once hethe secretary of state has received an itemized	144
statement of expenses for such instruction programs from the	145
county. The itemized statement shall be in a form prescribed by	146
the secretary of state.	147

Section 2. That existing sections 3501.22 and 3501.27 of the	148
Revised Code are hereby repealed.	149

Section 3. Section 3501.22 of the Revised Code is presented	150
in this act as a composite of the section as amended by both Am.	151
Sub. H.B. 99 and Am. H.B. 215 of the 121st General Assembly. The	152
General Assembly, applying the principle stated in division (B) of	153
section 1.52 of the Revised Code that amendments are to be	154
harmonized if reasonably capable of simultaneous operation, finds	155
that the composite is the resulting version of the section in	156
effect prior to the effective date of the section as presented in	157
this act.	158