Sub. H. B. No. 234 As Reported by the House Elections and Ethics Committee

Representatives Wolpert, Kearns, C. Evans, D. Evans, Beatty, Miller, Brown, Distel, S. Smith, Widowfield, Trakas, Boccieri, Hood, Allen, D. Stewart, Law, Uecker

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, and to permit a board of elections 8
to establish such a program for home-instructed 9
students who are in the equivalent of the twelfth 10
year of a one through twelve year instructional 11
program. 12

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

       Section 1. That sections 3501.22 and 3501.27 of the Revised 13
Code be amended to read as follows: 14

       Sec. 3501.22. (A) On or before the fifteenth day of 15
September in each year the board of elections by a majority vote 16
shall, after careful examination and investigation as to their 17
qualifications, appoint for each election precinct four ~~competent~~ 18
~~electors,~~ residents of the county in which the precinct is 19
located, as judges. ~~Such electors~~Except as otherwise provided in 20
division (C) of this section, all judges of election shall be 21
qualified electors. The judges shall constitute the election 22
officers of the precinct. Not more than one-half of the total 23
number of judges shall be members of the same political party. The 24
term of such precinct officers shall be for one year. The board 25
may, at any time, designate any number of election officers, not 26
more than one-half of whom shall be members of the same political 27
party, to perform their duties at any precinct in any election. 28
The board may appoint additional officials, equally divided 29
between the two major political parties, when necessary to 30
expedite voting. 31

       Vacancies for unexpired terms shall be filled by the board. 32
When new precincts have been created, the board shall appoint 33
judges for such precincts for the unexpired term. Any judge may be 34
summarily removed from office at any time by the board for neglect 35
of duty, malfeasance, or misconduct in office, or for any other 36
good and sufficient reason. 37

       Precinct election officials shall perform all of the duties 38
provided by law for receiving the ballots and supplies, opening 39
and closing the polls, and overseeing the casting of ballots 40
during the time the polls are open, and any other duties required 41
by section 3501.26 of the Revised Code. 42

       A board of elections may designate two precinct election 43
officials as counting officials to count and tally the votes cast 44
and certify the results of the election at each precinct, and 45
perform such other duties as are provided by law. To expedite the 46
counting of votes at each precinct, the board may appoint 47
additional officials, not more than one-half of whom shall be 48
members of the same political party. 49

       The board shall designate one of the precinct election 50
officials who is a member of the dominant political party to serve 51
as a presiding judge, whose duty it is to deliver the returns of 52
the election and all supplies to the office of the board. For 53
these services the presiding judge shall receive additional 54
compensation in an amount, consistent with section 3501.28 of the 55
Revised Code, determined by the board of elections. 56

       The board shall issue to each precinct election official a 57
certificate of appointment, which the official shall present to 58
the presiding judge at the time the polls are opened. 59

       (B) If the board of elections determines that not enough 60
qualified electors in a precinct are available to serve as 61
precinct officers, it may appoint persons to serve as precinct 62
officers at a primary, special, or general election who are at 63
least seventeen years of age and are registered to vote in 64
accordance with section 3503.07 of the Revised Code. No more than 65
two precinct officers in any precinct shall be under eighteen 66
years of age. 67

       (C)(1)(a) A board of elections, in conjunction with the board 68
of education of a city, local, or exempted village school 69
district, the governing authority of a community school 70
established under Chapter 3314. of the Revised Code, or the chief 71
administrator of a nonpublic school may establish a program 72
permitting certain high school students to apply and, if appointed 73
by the board of elections, to serve as precinct officers at a 74
primary, special, or general election. 75

       In addition to the requirements established by division 76
(C)(2) of this section, a board of education, governing authority, 77
or chief administrator that establishes a program under this 78
division in conjunction with a board of elections may establish 79
additional criteria that students shall meet to be eligible to 80
participate in that program. 81

        (b) A board of elections may establish a program permitting 82
certain students who are excused from attending a school that 83
meets the minimum standards prescribed by the state board of 84
education under section 3321.04 of the Revised Code because the 85
students are being instructed at home to apply and, if appointed 86
by the board of elections, to serve as precinct officers at a 87
primary, special, or general election. 88

       (2)(a) To be eligible to participate in a program established 89
under division (C)(1) of this section, a student shall be a United 90
States citizen, a resident of the county, at least seventeen years 91
of age, and enrolled in the senior year of high school or in the 92
equivalent of the twelfth year of a one through twelve year 93
instructional program at the time of appointment. 94

       (b) Any student applying to participate in a program 95
established under division (C)(1) of this section, as part of the 96
student's application process, shall declare the student's 97
political party affiliation with the board of elections. 98

       (3) No student appointed as a precinct officer pursuant to a 99
program established under division (C)(1) of this section shall be 100
designated as a presiding judge. 101

       (4)(a) Any student participating in a program established 102
under division (C)(1)(a) of this section shall be excused for that 103
student's absence from school on the day of an election at which 104
the student is serving as a precinct officer. 105

       (b) The number of hours that any student participating in a 106
program established under division (C)(1)(b) of this section 107
spends serving as a precinct officer on the day of an election 108
shall be counted towards the number of hours of instructional time 109
required of that student by rule of the state board of education, 110
except that no more than six and one half hours shall be counted 111
toward the student's required hours of instructional time for 112
serving as a precinct officer for any one election. 113

       Sec. 3501.27. (A) All judges of election shall ~~be qualified~~ 114
~~electors who have completed~~complete a program of instruction 115
pursuant to division (B) of this section. No person who has been 116
convicted of a felony, or any violation of the election laws, or 117
who is unable to read and write the English language readily, or 118
who is a candidate for an office to be voted for by the voters of 119
the precinct in which hethe person is to serve shall serve as an 120
election officer. A person when appointed as an election officer 121
shall receive from the board of elections a certificate of 122
appointment which may be revoked at any time by the board for good 123
and sufficient reasons. Such certificate shall be in such form as 124
the board prescribes and shall specify the precinct, ward, or 125
district in and for which the person to whom it is issued is 126
appointed to serve, the date of appointment, and the expiration of 127
~~his~~the person's term of service. 128

       (B) Each board shall establish a program as prescribed by the 129
secretary of state for the instruction of election officers in the 130
rules, procedures, and law relating to elections. In each program, 131
the board shall use training materials prepared by the secretary 132
of state, and may use additional materials prepared by or on 133
behalf of the board. The board may use the services of unpaid 134
volunteers in conducting its program and may reimburse such 135
volunteers for necessary and actual expenses incurred in 136
participating in the program. 137

       The board shall train each new election officer before the 138
new officer participates in ~~his~~the first election in that 139
capacity. The board shall instruct election officials who have 140
been trained previously only when the board or secretary of state 141
considers such instruction necessary, but the board shall 142
reinstruct such persons, other than presiding judges, at least 143
once in every three years and shall reinstruct presiding judges 144
before the primary election in even-numbered years. The board 145
shall schedule any program of instruction within sixty days prior 146
to the election in which the officials to be trained will 147
participate. 148

       (C) The duties of a judge of an election in each polling 149
place shall be performed only by an individual who has 150
successfully completed the requirements of the program, unless 151
such an individual is unavailable after reasonable efforts to 152
obtain such services. 153

       (D) The secretary of state shall establish a program for the 154
instruction of members of boards of elections and employees of 155
boards in the rules, procedures, and law relating to elections. 156
Each member and employee shall complete the training program 157
within six months after ~~his~~the member's or employee's original 158
appointment or employment, and thereafter, each member and 159
employee shall complete a training program to update their 160
knowledge once every four years or more often as determined by the 161
secretary of state. 162

       (E) The secretary of state shall reimburse each county for 163
the cost of programs established pursuant to division (B) of this 164
section, once hethe secretary of state has received an itemized 165
statement of expenses for such instruction programs from the 166
county. The itemized statement shall be in a form prescribed by 167
the secretary of state. 168

       Section 2. That existing sections 3501.22 and 3501.27 of the 169
Revised Code are hereby repealed. 170

       Section 3. Section 3501.22 of the Revised Code is presented 171
in this act as a composite of the section as amended by both Am. 172
Sub. H.B. 99 and Am. H.B. 215 of the 121st General Assembly. The 173
General Assembly, applying the principle stated in division (B) of 174
section 1.52 of the Revised Code that amendments are to be 175
harmonized if reasonably capable of simultaneous operation, finds 176
that the composite is the resulting version of the section in 177
effect prior to the effective date of the section as presented in 178
this act. 179

Section 1. That sections 3501.22 and 3501.27 of the Revised	13
Code be amended to read as follows:	14

Sec. 3501.22. (A) On or before the fifteenth day of	15
September in each year the board of elections by a majority vote	16
shall, after careful examination and investigation as to their	17
qualifications, appoint for each election precinct four ~~competent~~	18
~~electors,~~ residents of the county in which the precinct is	19
located, as judges. ~~Such electors~~Except as otherwise provided in	20
division (C) of this section, all judges of election shall be	21
qualified electors. The judges shall constitute the election	22
officers of the precinct. Not more than one-half of the total	23
number of judges shall be members of the same political party. The	24
term of such precinct officers shall be for one year. The board	25
may, at any time, designate any number of election officers, not	26
more than one-half of whom shall be members of the same political	27
party, to perform their duties at any precinct in any election.	28
The board may appoint additional officials, equally divided	29
between the two major political parties, when necessary to	30
expedite voting.	31

Vacancies for unexpired terms shall be filled by the board.	32
When new precincts have been created, the board shall appoint	33
judges for such precincts for the unexpired term. Any judge may be	34
summarily removed from office at any time by the board for neglect	35
of duty, malfeasance, or misconduct in office, or for any other	36
good and sufficient reason.	37

Precinct election officials shall perform all of the duties	38
provided by law for receiving the ballots and supplies, opening	39
and closing the polls, and overseeing the casting of ballots	40
during the time the polls are open, and any other duties required	41
by section 3501.26 of the Revised Code.	42

A board of elections may designate two precinct election	43
officials as counting officials to count and tally the votes cast	44
and certify the results of the election at each precinct, and	45
perform such other duties as are provided by law. To expedite the	46
counting of votes at each precinct, the board may appoint	47
additional officials, not more than one-half of whom shall be	48
members of the same political party.	49

The board shall designate one of the precinct election	50
officials who is a member of the dominant political party to serve	51
as a presiding judge, whose duty it is to deliver the returns of	52
the election and all supplies to the office of the board. For	53
these services the presiding judge shall receive additional	54
compensation in an amount, consistent with section 3501.28 of the	55
Revised Code, determined by the board of elections.	56

The board shall issue to each precinct election official a	57
certificate of appointment, which the official shall present to	58
the presiding judge at the time the polls are opened.	59

(B) If the board of elections determines that not enough	60
qualified electors in a precinct are available to serve as	61
precinct officers, it may appoint persons to serve as precinct	62
officers at a primary, special, or general election who are at	63
least seventeen years of age and are registered to vote in	64
accordance with section 3503.07 of the Revised Code. No more than	65
two precinct officers in any precinct shall be under eighteen	66
years of age.	67

(C)(1)(a) A board of elections, in conjunction with the board	68
of education of a city, local, or exempted village school	69
district, the governing authority of a community school	70
established under Chapter 3314. of the Revised Code, or the chief	71
administrator of a nonpublic school may establish a program	72
permitting certain high school students to apply and, if appointed	73
by the board of elections, to serve as precinct officers at a	74
primary, special, or general election.	75

In addition to the requirements established by division	76
(C)(2) of this section, a board of education, governing authority,	77
or chief administrator that establishes a program under this	78
division in conjunction with a board of elections may establish	79
additional criteria that students shall meet to be eligible to	80
participate in that program.	81

(b) A board of elections may establish a program permitting	82
certain students who are excused from attending a school that	83
meets the minimum standards prescribed by the state board of	84
education under section 3321.04 of the Revised Code because the	85
students are being instructed at home to apply and, if appointed	86
by the board of elections, to serve as precinct officers at a	87
primary, special, or general election.	88

(2)(a) To be eligible to participate in a program established	89
under division (C)(1) of this section, a student shall be a United	90
States citizen, a resident of the county, at least seventeen years	91
of age, and enrolled in the senior year of high school or in the	92
equivalent of the twelfth year of a one through twelve year	93
instructional program at the time of appointment.	94

(b) Any student applying to participate in a program	95
established under division (C)(1) of this section, as part of the	96
student's application process, shall declare the student's	97
political party affiliation with the board of elections.	98

(3) No student appointed as a precinct officer pursuant to a	99
program established under division (C)(1) of this section shall be	100
designated as a presiding judge.	101

(4)(a) Any student participating in a program established	102
under division (C)(1)(a) of this section shall be excused for that	103
student's absence from school on the day of an election at which	104
the student is serving as a precinct officer.	105

(b) The number of hours that any student participating in a	106
program established under division (C)(1)(b) of this section	107
spends serving as a precinct officer on the day of an election	108
shall be counted towards the number of hours of instructional time	109
required of that student by rule of the state board of education,	110
except that no more than six and one half hours shall be counted	111
toward the student's required hours of instructional time for	112
serving as a precinct officer for any one election.	113

Sec. 3501.27. (A) All judges of election shall ~~be qualified~~	114
~~electors who have completed~~complete a program of instruction	115
pursuant to division (B) of this section. No person who has been	116
convicted of a felony, or any violation of the election laws, or	117
who is unable to read and write the English language readily, or	118
who is a candidate for an office to be voted for by the voters of	119
the precinct in which hethe person is to serve shall serve as an	120
election officer. A person when appointed as an election officer	121
shall receive from the board of elections a certificate of	122
appointment which may be revoked at any time by the board for good	123
and sufficient reasons. Such certificate shall be in such form as	124
the board prescribes and shall specify the precinct, ward, or	125
district in and for which the person to whom it is issued is	126
appointed to serve, the date of appointment, and the expiration of	127
~~his~~the person's term of service.	128

(B) Each board shall establish a program as prescribed by the	129
secretary of state for the instruction of election officers in the	130
rules, procedures, and law relating to elections. In each program,	131
the board shall use training materials prepared by the secretary	132
of state, and may use additional materials prepared by or on	133
behalf of the board. The board may use the services of unpaid	134
volunteers in conducting its program and may reimburse such	135
volunteers for necessary and actual expenses incurred in	136
participating in the program.	137

The board shall train each new election officer before the	138
new officer participates in ~~his~~the first election in that	139
capacity. The board shall instruct election officials who have	140
been trained previously only when the board or secretary of state	141
considers such instruction necessary, but the board shall	142
reinstruct such persons, other than presiding judges, at least	143
once in every three years and shall reinstruct presiding judges	144
before the primary election in even-numbered years. The board	145
shall schedule any program of instruction within sixty days prior	146
to the election in which the officials to be trained will	147
participate.	148

(C) The duties of a judge of an election in each polling	149
place shall be performed only by an individual who has	150
successfully completed the requirements of the program, unless	151
such an individual is unavailable after reasonable efforts to	152
obtain such services.	153

(D) The secretary of state shall establish a program for the	154
instruction of members of boards of elections and employees of	155
boards in the rules, procedures, and law relating to elections.	156
Each member and employee shall complete the training program	157
within six months after ~~his~~the member's or employee's original	158
appointment or employment, and thereafter, each member and	159
employee shall complete a training program to update their	160
knowledge once every four years or more often as determined by the	161
secretary of state.	162

(E) The secretary of state shall reimburse each county for	163
the cost of programs established pursuant to division (B) of this	164
section, once hethe secretary of state has received an itemized	165
statement of expenses for such instruction programs from the	166
county. The itemized statement shall be in a form prescribed by	167
the secretary of state.	168

Section 2. That existing sections 3501.22 and 3501.27 of the	169
Revised Code are hereby repealed.	170

Section 3. Section 3501.22 of the Revised Code is presented	171
in this act as a composite of the section as amended by both Am.	172
Sub. H.B. 99 and Am. H.B. 215 of the 121st General Assembly. The	173
General Assembly, applying the principle stated in division (B) of	174
section 1.52 of the Revised Code that amendments are to be	175
harmonized if reasonably capable of simultaneous operation, finds	176
that the composite is the resulting version of the section in	177
effect prior to the effective date of the section as presented in	178
this act.	179