| Section 1. That sections 3501.17, 3501.22, 3501.27, 3503.16, | 15 |
| 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, 3509.07, | 16 |
| 3509.08, 3511.02, 3511.04, 3511.09, 3599.12, 3599.21, and 4109.06 | 17 |
| be amended and sections 3509.022, 3509.09, and 3511.13 of the | 18 |
| Revised Code be enacted to read as follows: | 19 |
| Sec. 3501.17. (A) The expenses of the board of elections | 20 |
| shall
be paid from the county treasury, in pursuance of | 21 |
| appropriations
by the board of county commissioners, in the same | 22 |
| manner as other
county expenses are paid. If the board of county | 23 |
| commissioners
fails to appropriate an amount sufficient to provide | 24 |
| for the
necessary and proper expenses of the board of elections | 25 |
pertaining to the conduct of elections, other than expenses for | 26 |
employee compensation and benefits incurred in the conduct of | 27 |
elections,
the board of elections may apply to the court of common | 28 |
| pleas within the county,
which shall fix the amount necessary to | 29 |
| be appropriated and
the amount shall be appropriated. Payments | 30 |
| shall be made upon
vouchers of the board of elections certified to | 31 |
| by its
chairperson or acting chairperson and the
director or | 32 |
| deputy director, upon warrants of the county auditor. | 33 |
| The board
of elections shall not
incur any obligation | 34 |
| involving the expenditure of money unless
there are moneys | 35 |
| sufficient in the funds appropriated therefor to
meet the | 36 |
| obligation as required in division (D) of section 5705.41 of the | 37 |
| Revised Code. If the board of elections requests a transfer of | 38 |
| funds from one of its appropriation items to another, the board of | 39 |
| county commissioners shall adopt a resolution providing for the | 40 |
| transfer except as otherwise provided in section 5705.40 of the | 41 |
| Revised Code. The expenses of the board of elections shall be | 42 |
| apportioned among
the county and the various subdivisions as | 43 |
| provided in this
section, and the amount chargeable to each | 44 |
| subdivision shall be
withheld by the auditor from the moneys | 45 |
| payable thereto at the
time of the next tax settlement. At the | 46 |
| time of submitting
budget estimates in each year, the board of | 47 |
| elections shall
submit to the taxing authority of each | 48 |
| subdivision, upon the
request of the subdivision, an estimate of | 49 |
| the amount to be
withheld from the subdivision during the next | 50 |
| fiscal year. | 51 |
| (B) Except as otherwise provided in division
(F) of this | 52 |
| section, the entire compensation of the members of
the board of | 53 |
| elections and of the director, deputy director, and other | 54 |
|
employees in the board's offices; the expenditures for the
rental, | 55 |
| furnishing, and equipping of the office of the board and
for the | 56 |
| necessary office supplies for the use of the board; the | 57 |
|
expenditures for the acquisition, repair, care, and custody of
the | 58 |
| polling places, booths, guardrails, and other equipment for | 59 |
|
polling places; the cost of pollbooks, tally sheets, maps, flags, | 60 |
|
ballot boxes, and all other permanent records and equipment; the | 61 |
|
cost of all elections held in and for the state and county; and | 62 |
|
all other expenses of the board which are not chargeable to a | 63 |
|
political subdivision in accordance with this section shall be | 64 |
|
paid in the same manner as other county expenses are paid. | 65 |
| (C) The compensation of judges and clerks of elections; the | 66 |
|
cost of renting, moving, heating, and lighting polling places and | 67 |
|
of placing and removing ballot boxes and other fixtures and | 68 |
|
equipment thereof; the cost of printing and delivering ballots, | 69 |
|
cards of instructions, and other election supplies; and all other | 70 |
|
expenses of conducting primaries and elections in the
odd-numbered | 71 |
| years shall be charged to the subdivisions in and
for which such | 72 |
| primaries or elections are held. The charge for
each primary or | 73 |
| general election in odd-numbered years for each
subdivision shall | 74 |
| be determined in the following manner: first,
the total cost of | 75 |
| all chargeable items used in conducting such
elections shall be | 76 |
| ascertained; second, the total charge shall be
divided by the | 77 |
| number of precincts participating in such
election, in order to | 78 |
| fix the cost per precinct; third, the cost
per precinct shall be | 79 |
| prorated by the board of elections to the
subdivisions conducting | 80 |
| elections for the nomination or election
of offices in such | 81 |
| precinct; fourth, the total cost for each
subdivision shall be | 82 |
| determined by adding the charges prorated to
it in each precinct | 83 |
| within the subdivision. | 84 |
| (D) The entire cost of special elections held on a day other | 85 |
|
than the day of a primary or general election, both in | 86 |
|
odd-numbered or in even-numbered years, shall be charged to the | 87 |
|
subdivision. Where a special election is held on the same day as
a | 88 |
| primary or general election in an even-numbered year, the | 89 |
|
subdivision submitting the special election shall be charged only | 90 |
|
for the cost of ballots and advertising. Where a special
election | 91 |
| is held on the same day as a primary or general election
in an | 92 |
| odd-numbered year, the subdivision submitting the special
election | 93 |
| shall be charged for the cost of ballots and advertising
for such | 94 |
| special election, in addition to the charges prorated to
such | 95 |
| subdivision for the election or nomination of candidates in
each | 96 |
| precinct within the subdivision, as set forth in the
preceding | 97 |
| paragraph. | 98 |
| (E) Where a special election is held on the day specified by | 99 |
|
division (E) of section 3501.01 of the Revised Code for the | 100 |
|
holding of a primary election, for the purpose of submitting to | 101 |
|
the voters of the state constitutional amendments proposed by the | 102 |
|
general assembly, and a subdivision conducts a special election
on | 103 |
| the same day, the entire cost of the special election shall be | 104 |
|
divided proportionally between the state and the subdivision
based | 105 |
| upon a ratio determined by the number of issues placed on
the | 106 |
| ballot by each, except as otherwise provided in division
(G) of | 107 |
| this section. Such proportional division of cost shall be
made | 108 |
| only to the extent funds are available for such purpose from | 109 |
|
amounts appropriated by the general assembly to the secretary of | 110 |
|
state. If a primary election is also being conducted in the | 111 |
|
subdivision, the costs shall be apportioned as otherwise provided | 112 |
|
in this section. | 113 |
| Sec. 3501.22. (A) On or before the fifteenth day of | 134 |
| September
in each year, the board of elections by a majority vote | 135 |
| shall,
after careful examination and investigation as to their | 136 |
qualifications, appoint for each election precinct four competent | 137 |
electors, residents of the county in which the precinct is | 138 |
located, as judges. Such electorsExcept as otherwise provided in | 139 |
| division (C) of this section, all judges of election shall be | 140 |
| qualified electors. The judges shall constitute the election | 141 |
|
officers of the precinct. Not more than one-half of the
total | 142 |
| number of judges
shall be members of the same political party. The | 143 |
| term of such
precinct officers shall be for one year. The board | 144 |
| may, at any
time, designate any number of election officers, not | 145 |
| more than one-half of
whom shall be members of the same political | 146 |
|
party, to perform their duties at
any precinct in any election. | 147 |
| The board may appoint additional
officials, equally divided | 148 |
| between the two major political
parties, when necessary to | 149 |
| expedite voting. | 150 |
| The board shall designate one of the precinct election | 169 |
| officials who is a
member of the dominant political party to serve | 170 |
|
as a presiding judge, whose duty it is to deliver the returns of | 171 |
| the election
and all supplies to the office of the board. For | 172 |
| these services, the presiding
judge shall receive additional | 173 |
| compensation in an amount, consistent with
section 3501.28 of the | 174 |
| Revised Code, determined by the board of elections. | 175 |
| (C)(1) A board of elections, in conjunction with the board of | 187 |
| education of a city, local, or exempted village school district, | 188 |
| the governing authority of a community school established under | 189 |
| Chapter 3314. of the Revised Code, or the chief administrator of a | 190 |
| nonpublic school may establish a program permitting certain high | 191 |
| school students to apply and, if appointed by the board of | 192 |
| elections, to serve as precinct officers at a primary, special, or | 193 |
| general election. | 194 |
Sec. 3501.27. (A) All judges of election shall be
qualified | 218 |
electors who have completedcomplete a program of instruction | 219 |
|
pursuant to division (B) of this section. No person who has been | 220 |
convicted of a felony, or any violation of the election laws, or | 221 |
|
who is unable to read and write the English language readily, or | 222 |
|
who is a candidate for an office to be voted for by the voters of | 223 |
the precinct in which hethe person is to serve shall serve as
an | 224 |
| election
officer. A person when appointed as an election officer | 225 |
| shall
receive from the board of elections a certificate of | 226 |
appointment
whichthat may be revoked at any time by the board for | 227 |
good and
sufficient reasons. SuchThe certificate shall be in such | 228 |
the form as
the board prescribes and shall specify the precinct, | 229 |
| ward, or
district in and for which the person to whom it is issued | 230 |
| is
appointed to serve, the date of appointment, and the expiration | 231 |
of histhe person's term of service. | 232 |
| (B) Each board shall establish a program as prescribed by
the | 233 |
| secretary of state for the instruction of election officers
in the | 234 |
| rules, procedures, and law relating to elections. In each
program, | 235 |
| the board shall use training materials prepared by the
secretary | 236 |
of state, and may use additional materials prepared by
or on | 237 |
| behalf of the board. The board may use the services of
unpaid | 238 |
volunteers in conducting its program and may reimburse
suchthose | 239 |
| volunteers for necessary and actual expenses incurred in | 240 |
|
participating in the program. | 241 |
| The board shall train each new election officer before the | 242 |
new officer participates in histhe first election in that | 243 |
|
capacity. The board shall instruct election officials who have | 244 |
| been trained
previously only when the board or secretary of state | 245 |
considers suchthat
instruction necessary, but the board shall | 246 |
| reinstruct such
persons, other than presiding judges, at least | 247 |
| once in every
three years and shall reinstruct presiding judges | 248 |
| before the
primary election in even-numbered years. The board | 249 |
| shall
schedule any program of instruction within sixty days prior | 250 |
| to
the election in which the officials to be trained will | 251 |
|
participate. | 252 |
| (D) The secretary of state shall establish a program for
the | 258 |
| instruction of members of boards of elections and employees
of | 259 |
| boards in the rules, procedures, and law relating to
elections. | 260 |
| Each member and employee shall complete the training
program | 261 |
within six months after histhe member's or employee's
original | 262 |
appointment or employment, and thereafter, each member and | 263 |
| employee
shall complete a training program to update their | 264 |
| knowledge once every
four years or more often as determined by the | 265 |
| secretary of state. | 266 |
| Sec. 3503.16. (A) Whenever a registered elector changes
the | 273 |
| place of residence of that registered elector
from one precinct to | 274 |
| another within a
county or from one county to another, or has a | 275 |
| change
of name, that registered elector shall report the change
by | 276 |
| delivering a change of residence or
change of name form, whichever | 277 |
| is appropriate, as prescribed by
the secretary of state under | 278 |
| section 3503.14 of the Revised Code
to the state or local office | 279 |
| of a designated agency, a public high
school or vocational school, | 280 |
| a public library, the office of the county
treasurer, the office | 281 |
|
of the secretary of state, any office of the registrar or deputy | 282 |
|
registrar of motor vehicles, or any office of a board of
elections | 283 |
| in person or by
a third person. Any voter registration, change of | 284 |
| address, or change of
name application, returned by mail, may be | 285 |
| sent only to the secretary of state
or the board of elections. | 286 |
| (B)(1) Any registered elector who moves within a precinct or | 293 |
|
changes the name of that registered elector and remains within a | 294 |
| precinct on
or prior to the day of a general, primary, or special | 295 |
| election and has not
filed a notice of change of residence or | 296 |
| change of name, whichever is
appropriate, with the board of | 297 |
| elections may vote in that election by going to
that registered | 298 |
| elector's assigned polling place, completing and signing a
notice | 299 |
| of change of residence or change of name, whichever is | 300 |
| appropriate, and
casting a ballot. | 301 |
| (2) Any registered elector who moves
from one precinct to | 302 |
| another within a county or moves from one precinct to
another and | 303 |
| changes the name of that registered
elector on or prior to the day | 304 |
| of a general, primary, or special election
and has not filed a | 305 |
| notice of change of residence or change of
name, whichever is | 306 |
| appropriate, with the board of elections may
vote in that election | 307 |
| if that registered elector complies with
division (G) of this | 308 |
|
section or does all of the following: | 309 |
| (a) Appears at anytime during
regular business hours
on or | 310 |
| after the twenty-eighth day
prior to the
election in which that | 311 |
| registered elector wishes to vote, or
if the election is held
on | 312 |
| the day of a presidential primary election, the twenty-fifth
day | 313 |
| prior to the election, through noon of the Saturday prior to
the | 314 |
| election or during regular business hours on the Monday prior
to | 315 |
| the election at the office of the board of elections, or
appears | 316 |
| on the day of the election at either of the following
locations: | 317 |
| (d) Completes and signs, under penalty of election | 334 |
|
falsification, a statement attesting that that registered
elector | 335 |
| moved or had a change of name, whichever
is appropriate, on or | 336 |
| prior to the day of the
election, has voted at the polling place | 337 |
| in the precinct in
which that registered elector resides, at the | 338 |
| office of the
board of elections, or
at the site designated by the | 339 |
| board, whichever is appropriate,
and will not vote or attempt to | 340 |
| vote at any other
location for that particular election. The | 341 |
statement required
under division (B)(2)(d) of this section may | 342 |
| shall be included on
the
notice of change of residence or change | 343 |
| of name, whichever is
appropriate, required under division | 344 |
| (B)(2)(b) of this section. | 345 |
| (1) Appears at any time during regular
business
hours on or | 352 |
| after the
twenty-eighth day prior to
the election in which that | 353 |
| registered elector wishes to vote,
or if the election is
held on | 354 |
| the day of a presidential primary election, the
twenty-fifth day | 355 |
| prior to the election, through noon of the
Saturday prior to the | 356 |
| election or during regular business hours
on the Monday prior to | 357 |
| the election at the office of the board of
elections, or appears | 358 |
| on the day of the
election at the
location designated by the board | 359 |
| of elections, which shall be
either the office of the board or | 360 |
| another appropriate site
designated by the board in the county in | 361 |
| which that registered
elector resides; | 362 |
| (4) Completes and signs, under penalty of election | 370 |
|
falsification, a statement attesting that that registered
elector | 371 |
| has moved from one
county to another county within the state on or | 372 |
| prior to the day
of the election, has voted at the office of the | 373 |
| board of
elections or at the site designated by the board, | 374 |
| whichever is
appropriate, and will not vote or attempt to vote at | 375 |
| any
other location for that particular election. The statement | 376 |
required under division (C)(4) of this section mayshall be | 377 |
| included on
the notice of change of residence required under | 378 |
| division (C)(2)
of this section. | 379 |
| (D) A person who votes by absent voter's ballots pursuant
to | 380 |
| division (B), (C), or (G) of this
section shall not make written | 381 |
|
application for the ballots pursuant to Chapter 3509. of the | 382 |
|
Revised Code. Ballots cast pursuant to division (B),
(C), or (G) | 383 |
| of
this section shall be set aside in a special envelope and | 384 |
| counted
during the official canvass of votes in the manner | 385 |
| provided for
in sections 3505.32 and 3509.06 of the Revised Code | 386 |
| insofar as
that manner is applicable. The board shall examine the | 387 |
| pollbooks
to verify that no ballot was cast at the polls or by | 388 |
| absent voter's ballots
under Chapter 3509. or 3511. of the Revised | 389 |
| Code by an elector who
has voted by absent voter's ballots | 390 |
| pursuant to division (B),
(C), or (G) of this section. Any ballot | 391 |
| determined to
be insufficient
for any of the reasons stated above | 392 |
| or stated in section 3509.07
of the Revised Code shall not be | 393 |
| counted. | 394 |
| (E) Upon receiving a change of residence or change
of name | 398 |
| form, the board of elections shall immediately send the registrant | 399 |
| an
acknowledgment
notice. If the change of residence or change
of | 400 |
| name form is valid, the board shall update the voter's | 401 |
| registration as
appropriate. If that form is incomplete, the board | 402 |
| shall inform the
registrant in the acknowledgment notice specified | 403 |
| in this division of the
information necessary to complete or | 404 |
| update that
registrant's registration. | 405 |
| (F) Change of residence and change of name forms shall be | 406 |
|
available at each polling place, and when these forms are | 407 |
|
completed, noting changes of residence or name, as appropriate, | 408 |
|
they shall be filed with election officials at the polling place. | 409 |
|
Election officials shall return completed forms, together with
the | 410 |
| pollbooks and tally sheets, to the board of elections. | 411 |
| (1) Makes a written application that includes all of the | 425 |
| information required under section 3509.03 of the Revised Code to | 426 |
| the appropriate board for an absent
voter's ballot on or after the | 427 |
| twenty-seventh day prior to
the election in which the registered | 428 |
| elector wishes to vote through noon of
the Saturday prior to that | 429 |
| election and requests that the absent
voter's ballot be sent to | 430 |
| the address to which the registered elector has
moved if the | 431 |
| registered elector has moved,
or to the address of that registered | 432 |
| elector who has not moved
but has had a change of name; | 433 |
| (2) Declares that the registered elector has moved or had a | 434 |
| change of
name, whichever is
appropriate, and otherwise is | 435 |
| qualified to vote under the circumstances
described in division | 436 |
| (B) or (C) of this section, whichever
is appropriate, but that the | 437 |
| registered elector is unable to appear at the
board or other | 438 |
|
location designated by the board because of personal illness, | 439 |
| physical
disability, or infirmity; | 440 |
| (4) Completes and signs, under penalty of election | 445 |
| falsification, a
statement attesting that the registered elector | 446 |
| has moved or had a change of
name on or prior to the day before | 447 |
| the election, has voted by absent voter's
ballot because
of | 448 |
| personal illness, physical disability, or infirmity that prevented | 449 |
|
the registered elector from appearing at the board or other | 450 |
| location
designated by the board, and will not vote or attempt to | 451 |
| vote at any other
location or by absent voter's ballot mailed to | 452 |
| any other location or address
for that particular election. | 453 |
| (B) Any qualified elector who is unable to appear at the | 480 |
| office of the board of elections or other location designated by | 481 |
| the board on account of personal illness, physical disability, or | 482 |
| infirmity, and who moves from one precinct to
another within a | 483 |
county or, changes
his or
herthe elector's name
and moves from | 484 |
one precinct to another
within thea county, or moves from one | 485 |
| county to another county within the state,
on or
prior to the day | 486 |
| of a general, primary, or special election and
has not
filed a | 487 |
| notice of change of residence or change of name
may vote by absent | 488 |
voter's ballots in that election as specified
in division (B) or | 489 |
(G)
of section 3503.16 of the Revised Code.
Any qualified elector | 490 |
who
moves from one county to another county
within the state on or | 491 |
prior to the
day of the election at which
the elector offers to | 492 |
vote and
has not filed a
notice of change of
residence may vote by | 493 |
absent voter's ballots at
that election as
specified in division | 494 |
(C) of section 3503.16
of the Revised Code. | 495 |
(C) The secretary of state, an employee of the secretary of | 496 |
state, a member or employee of the board of elections or any | 497 |
person hired by
the board to work at the office of the board | 498 |
temporarily for a specific
election, or a polling
place official, | 499 |
who is a qualified elector may vote by absent
voter's ballots. | 500 |
Application shall be made to the board of
elections of the county | 501 |
where his voting residence is situated. | 502 |
Sec. 3509.03. Except as provided in division (B) or (C) of | 507 |
section 3503.16,
section 3509.031, or division (B) of section | 508 |
3509.08 of the Revised Code, any personqualified elector desiring | 509 |
| to vote absent
voter's ballots at an election shall make written | 510 |
application for
suchthose ballots to the director of elections of | 511 |
the county in which
such person'sthe elector's voting residence | 512 |
| is located. The application need
not be in any particular form but | 513 |
shall contain words which,
liberally construed, indicate the | 514 |
request for ballots, the
election for which such ballots are | 515 |
requested, and, if the
request is for primary election ballots, | 516 |
the person's party
affiliation. The application for such ballots | 517 |
shall state that
the person requesting the ballots is a qualified | 518 |
elector, and the
reason for the person's absence from the polls on | 519 |
election day.
The application shall include sufficient information | 520 |
to enable
the director to determine the precinct in which the | 521 |
applicant's
voting residence is located and shall be signed by the | 522 |
applicant. If
the applicant desires ballots to
be mailed to the | 523 |
applicant, the application shall state the
mailing addressall of | 524 |
| the following: | 525 |
| A voter who will be outside the United States on the day of | 546 |
|
any election during a calendar year may use a single federal post | 547 |
card application to apply for absent voter's ballots. SuchThose | 548 |
|
ballots shall be sent to the voter for use at the primary and | 549 |
|
general elections in that year and any special election to be
held | 550 |
| on the day in that year specified by division (E) of section | 551 |
|
3501.01 of the Revised Code for the holding of a primary
election, | 552 |
| designated by the general assembly for the purpose of
submitting | 553 |
| constitutional amendments proposed by the general
assembly to the | 554 |
| voters of the state unless the voter reports a
change in the | 555 |
| voter's voting status to the board of
elections or the voter's | 556 |
| intent to vote in any such election
in the precinct in this state | 557 |
where hethe voter is registered to vote. Such anA single federal | 558 |
| postcard application
shall be
processed by the board of elections | 559 |
| pursuant to section 3509.04
of the Revised Code the same as if the | 560 |
| voter had applied
separately for absent voter's ballots for each | 561 |
| election. When
mailing absent voter's ballots to a voter who | 562 |
| applied for them by
single federal post card application, the | 563 |
| board shall enclose
notification to the voter that the voter must | 564 |
| report to the
board subsequent changes in the voter's voting | 565 |
| status or
the voter's subsequent intent
to vote in any such | 566 |
| election in the precinct in this state where
the voter is | 567 |
| registered to vote. Such notification shall be
in a form | 568 |
|
prescribed by the secretary of state. As used in this section, | 569 |
|
"voting status" means the voter's name at the time the voter | 570 |
|
applied for
absent voter's ballots by single federal post card | 571 |
| application
and the voter's address outside the United States to | 572 |
which the
voter requested that suchthose ballots be sent. | 573 |
| Each application for absent voter's ballots shall be | 574 |
|
delivered to the director not earlier than the first day of | 575 |
|
January of the year of the elections for which the absent voter's | 576 |
|
ballots are requested or not earlier than ninety days before the | 577 |
|
day of the election at which the ballots are to be voted, | 578 |
|
whichever is earlier, and not later than twelve noon of the third | 579 |
day before the day of the election at which suchthe ballots are | 580 |
| to
be voted, or not later than the close of regular business hours | 581 |
on
the day before the day of the election at which the absent | 582 |
voter's ballots are
to be voted if
the application is delivered in | 583 |
| person to the office of the board. | 584 |
| Sec. 3509.031. (A) Any qualified elector who is a member of | 585 |
the organized militia called to active duty within the state of | 586 |
Ohio and who will be unable to vote on election day on account of | 587 |
suchthat active duty may make written application for absent | 588 |
| voter's
ballots to the director of elections for the county in | 589 |
which histhe
elector's voting residence is located. The elector | 590 |
may personally
deliver suchthe application to the director or may | 591 |
| mail it, send it by facsimile
machine, or otherwise send it to
the | 592 |
director. SuchThe application need not be in any particular
form | 593 |
but shall contain the applicant's signature. The
application need | 594 |
only contain words which, liberally construed,
indicate the | 595 |
request for ballots, the election for which such
ballots are | 596 |
requested and, if the request is for primary election
ballots, the | 597 |
party affiliation of the applicant. The applicant
should indicate | 598 |
that the applicant is a qualified elector,
and that the
applicant | 599 |
is a member of the organized militia serving on active duty
within | 600 |
the
state of Ohio. Sufficient information should be included to | 601 |
enable the director to determine the precinct in which his voting | 602 |
residence is located. If the applicant desires that
such ballots | 603 |
be mailed to him, the application shall state the
address to
which | 604 |
they shall be mailed. If the applicant desires that the absent | 605 |
voter's ballots be sent to the applicant by facsimile machine, the | 606 |
application
shall stateall of the following: | 607 |
(B) Application to have suchabsent voter's ballots mailed or | 633 |
sent by facsimile machine to
such persona qualified elector who | 634 |
| is a member of the organized militia called to active duty within | 635 |
| the state and who will be unable to vote on election day on | 636 |
| account of that active duty may be made by the spouse of the | 637 |
militia member,or the father,
mother,
father-in-law, | 638 |
| mother-in-law, grandfather, grandmother, brother
or sister of the | 639 |
| whole blood or half blood, son, daughter,
adopting parent, adopted | 640 |
| child, stepparent, stepchild, uncle,
aunt, nephew, or niece of | 641 |
such personthe militia member. The application
shall be
in | 642 |
| writing upon a blank form furnished only by the director. The
form | 643 |
| of the application shall be prescribed by the
secretary of
state. | 644 |
The director shall furnish suchthat blank form to any of the | 645 |
relatives specified in this section,division desiring to make | 646 |
suchthe
application, only upon the request of such a relative in | 647 |
| person at
the office of the board or upon the written request of | 648 |
such a
relative mailed to the office of the board. SuchThe | 649 |
application,
subscribed and sworn to by suchthe applicant, shall | 650 |
| contain all of the following: | 651 |
| (C) Applications to have absent voter's ballots mailed or | 685 |
| sent by facsimile
machine
shall
not be valid if dated, postmarked, | 686 |
| or received by the director
prior to the ninetieth day before the | 687 |
| day of the election for
which ballots are requested or if | 688 |
delivered to suchthe director
later than twelve noon of the third | 689 |
| day preceding the day of such
election. If, after the ninetieth | 690 |
| day and before four p.m. of
the day before the day of an election, | 691 |
| a valid application for
absent voter's ballots is delivered to the | 692 |
| director of elections
at the office of the board by a militia | 693 |
member making such
application in histhe militia member's own | 694 |
behalf, the director
shall forthwith
deliver to suchthe militia | 695 |
| member all absent voter's ballots then
ready for use, together | 696 |
with an identification envelope. SuchThe
militia member shall | 697 |
then vote suchthe absent voter's ballots in the manner
provided | 698 |
| in section 3509.05 of the Revised Code. | 699 |
| (B) Upon receipt by the director of elections of
an | 705 |
| application for absent voter's ballots that contain all of the | 706 |
| required information, as provided by
sections
3509.03 and | 707 |
3509.031, and division (G) of section 3503.16, of the
Revised | 708 |
| Code, the director,
if the director finds that the
applicant is a | 709 |
qualified
elector and is entitled to vote absent
voter's ballots | 710 |
as applied for in the
application, shall deliver
to the applicant | 711 |
| in person or mail
directly to the applicant by
special delivery | 712 |
| mail, air
mail, or regular mail, postage prepaid,
proper absent | 713 |
voter's ballots. The
director shall give proper
absent voter's | 714 |
ballots to any qualified elector who presents self to vote at the | 715 |
office of the board of elections or at another
location designated | 716 |
by
the board as provided in division (B) or
(C) of section 3503.16 | 717 |
of the
Revised Code. The director shall
give, deliver, or mail | 718 |
| with the ballots an
unsealed identification
envelope upon the face | 719 |
| of which shall be printed a
form
substantially as follows: | 720 |
| ...... In lieu of providing a driver's license number or the | 784 |
| last four digits of my Social Security Number, I am enclosing a | 785 |
| copy of one of the following in the return envelope in which this | 786 |
| identification envelope will be mailed: a current and valid photo | 787 |
| identification or a current utility bill, bank statement, | 788 |
| government check, paycheck, or other government document that | 789 |
| shows my name and address. | 790 |
| The director shall mail with the ballots and the unsealed | 797 |
identification envelope that the director mails an unsealed
return | 798 |
|
envelope
upon the face of which shall be printed the official | 799 |
title and
post-office address of suchthe director. In the upper | 800 |
left
corner
on the face of suchthe return envelope, several blank | 801 |
| lines shall be
printed
upon which the voter may write the voter's | 802 |
| name and return
address, and
beneath these lines there shall be | 803 |
| printed a box
beside the words
"check if out-of-country." The | 804 |
| voter shall check
this box if the
voter will be outside the United | 805 |
| States on the day
of the election. The
return envelope shall be of | 806 |
| such size that
the identification
envelope can be conveniently | 807 |
placed within it
for returning suchthe identification envelope to | 808 |
| the director. | 809 |
| Sec. 3509.05. (A) When an elector receives an absent voter's | 810 |
ballot, pursuant
to histhe elector's application or request | 811 |
therefor, is received by the
elector, hethe elector shall, before | 812 |
placing any marks thereonon the ballot,
note whether there are | 813 |
any voting marks on the ballotit. In the eventIf there are
any | 814 |
| voting marks, the ballot shall be returned immediately to the | 815 |
board of elections; otherwise he, the elector shall cause the | 816 |
ballot to be marked, folded in sucha manner that the stub thereon | 817 |
| on it and the
indorsements and facsimile signatures of the members | 818 |
of the board
of elections on the back thereofof it are visible, | 819 |
| and placed and
sealed within the identification envelope received | 820 |
| from the
director of elections for that purpose. Then, the elector | 821 |
| shall
cause the statement of voter on the outside of the | 822 |
| identification
envelope to be completed and signed, under penalty | 823 |
| of election
falsification. | 824 |
| If the elector does not provide the elector's driver's | 825 |
| license number or the last four digits of the elector's social | 826 |
| security number on the statement of voter on the identification | 827 |
| envelope, the elector also shall include in the return envelope | 828 |
| with the identification envelope a copy of the elector's current | 829 |
| valid photo identification or a copy of a current utility bill, | 830 |
| bank statement, government check, paycheck, or other government | 831 |
| document that shows the name and address of the elector. | 832 |
The elector shall then mail the identification envelope to | 833 |
|
the director from whom it was received in the return envelope, | 834 |
postage prepaid, or hethe elector may personally deliver it to | 835 |
|
the director, or the spouse of the elector, the father, mother, | 836 |
| father-in-law,
mother-in-law, grandfather, grandmother, brother, | 837 |
| or sister of
the whole or half blood, or the son, daughter, | 838 |
| adopting parent,
adopted child, stepparent, stepchild, uncle, | 839 |
| aunt, nephew, or
niece of the elector may deliver it to the | 840 |
director, but the. The
return envelope shall be transmitted to the | 841 |
| director in no other
manner, except as provided in section 3509.08 | 842 |
| of the Revised
Code. | 843 |
| When absent voter's ballots are delivered to an elector at | 847 |
|
the office of the board, the elector may retire to a voting | 848 |
|
compartment provided by the board and there mark the ballots. | 849 |
Thereupon he, the elector shall fold them, place them in the | 850 |
identification
envelope provided, seal the identification | 851 |
envelope, fill in and
sign the statement thereonon the envelope | 852 |
| under penalty of election
falsification, and deliver the envelope | 853 |
| to the director of the
board. | 854 |
| Except as otherwise provided in divisions (B) and (C) of
this | 855 |
| section, all other envelopes containing marked absent
voter's | 856 |
ballots, shall be delivered to the director not later
than the | 857 |
| close of the polls on the day of an election. Absent
voter's | 858 |
| ballots delivered to the director later than the times
specified | 859 |
| shall not be counted, but shall be kept by the board in
the sealed | 860 |
| identification envelopes in which they are delivered
to the | 861 |
| director, until the time provided by section 3505.31 of
the | 862 |
| Revised Code for the destruction of all other ballots used at
the | 863 |
| election for which ballots were provided, at which time they
shall | 864 |
| be destroyed. | 865 |
| (B) Except as otherwise provided in division (C) of this | 866 |
|
section, any return envelope that indicates that the voter will
be | 867 |
| outside the United States on the day of the election shall be | 868 |
|
delivered to the director prior to the eleventh day after the | 869 |
|
election. Ballots delivered in such envelopes that are received | 870 |
|
after the close of the polls on election day through the tenth
day | 871 |
| thereafter shall be counted on the eleventh day at the board
of | 872 |
| elections in the manner provided in divisions (C) and (D) of | 873 |
|
section 3509.06 of the Revised Code. Any such ballots that are | 874 |
|
signed or postmarked after the close of the polls on the day of | 875 |
|
the election or that are received by the director later than the | 876 |
|
tenth day following the election shall not be counted, but shall | 877 |
|
be kept by the board in the sealed identification envelopes as | 878 |
|
provided in division (A) of this section. | 879 |
| (C) In any year in which a presidential primary election
is | 880 |
| held, any return envelope that indicates that the voter will
be | 881 |
| outside the United States on the day of the presidential
primary | 882 |
| election shall be delivered to the director prior to the | 883 |
|
twenty-first day after that election. Ballots delivered in such | 884 |
|
envelopes that are received after the close of the polls on | 885 |
|
election day through the twentieth day thereafter shall be
counted | 886 |
| on the twenty-first day at the board of elections in the
manner | 887 |
| provided in divisions (C) and (D) of section 3509.06 of
the | 888 |
| Revised Code. Any such ballots that are signed or postmarked
after | 889 |
| the close of the polls on the day of that election or that
are | 890 |
| received by the director later than the twentieth day
following | 891 |
| that election shall not be counted, but shall be kept
by the board | 892 |
| in the sealed identification envelopes as provided
in division (A) | 893 |
| of this section. | 894 |
| (B) When the board of elections determines that absent | 900 |
|
voter's ballots shall be counted in each precinct, the director | 901 |
|
shall deliver to the presiding judge of each precinct on election | 902 |
|
day identification envelopes purporting to contain absent voter's | 903 |
|
ballots of electors whose voting residence appears from the | 904 |
statement of voter on the outside of each of suchthose envelopes, | 905 |
| to
be located in such presiding judge's precinct, and which were | 906 |
|
received by the director not later than the close of the polls on | 907 |
|
election day. The director shall deliver to such presiding judge
a | 908 |
| list containing the name and voting residence of each person
whose | 909 |
| voting residence is in such precinct to whom absent voter's | 910 |
|
ballots were mailed. | 911 |
| (C) When the board of elections determines that absent | 912 |
|
voter's ballots shall be counted at the office of the board of | 913 |
|
elections or at another location designated by the board, special | 914 |
|
election judges shall be appointed by the board for that purpose | 915 |
|
having the same authority as is exercised by precinct judges.
The | 916 |
| votes so cast shall be added to the vote totals by the board,
and | 917 |
the absenteeabsent voter's ballots shall be preserved separately | 918 |
| by the
board, in the same manner and for the same length of time | 919 |
| as
provided by section 3505.31 of the Revised Code. | 920 |
| (D) Each of the identification envelopes purporting to | 921 |
| contain absent
voter's ballots delivered to the presiding judge of | 922 |
| the precinct
or the special judge appointed by the board of | 923 |
elections shall be
handled as follows: The judge shall announce | 924 |
the name of the
elector who appears to have signed the statement | 925 |
of voter on the
outside of such envelope. In counties in which | 926 |
absent voter's
ballots are counted in each precinct,election | 927 |
| officials shall compare the signature of the
elector on the | 928 |
outside of suchthe identification envelope shall be compared with | 929 |
the signature of suchthat elector on histhe elector's | 930 |
| registration
form and verify that the absent voter's ballot is | 931 |
| eligible to be counted under section 3509.07 of the Revised Code. | 932 |
Any appointed challenger or any of the precinct officials may | 933 |
challenge the right of the elector named on suchthe | 934 |
identification
envelope to vote suchthe absent voter's ballots | 935 |
upon the ground that
the signature on suchthe envelope is not the | 936 |
same as the signature
on suchthe registration form, or upon any | 937 |
| other of the grounds upon
which the right of persons to vote may | 938 |
| be lawfully challenged.
If no such challenge is made, or if such a | 939 |
| challenge is made and
not sustained, the presiding judge shall | 940 |
| open the envelope
without defacing the statement of voter and | 941 |
without mutilating
the ballots thereinin it, and shall remove the | 942 |
ballots contained
thereinin it and proceed to count them. | 943 |
| The name of each person voting who is entitled to vote only | 944 |
|
an absent voter's presidential ballot shall be entered in a | 945 |
|
pollbook or poll list or signature pollbook followed by the words | 946 |
|
"Absentee Presidential Ballot." The name of each person voting
an | 947 |
| absent voter's ballot, other than such persons entitled to
vote | 948 |
| only a presidential ballot, shall be entered in the pollbook
or | 949 |
poll list or signature pollbook and histhe person's
registration | 950 |
card marked to indicate that hethe person has
voted. | 951 |
| Sec. 3509.07. If
election officials find
that
the statement | 965 |
|
accompanying an absent
voter's ballot or absent
voter's | 966 |
|
presidential ballot is insufficient, that the
signatures
do not | 967 |
|
correspond with
the person's registration
signature,
that the | 968 |
|
applicant is not a qualified elector in the precinct,
that the | 969 |
|
ballot envelope
contains more than one ballot of any one
kind, or | 970 |
any voted ballot
that the
elector is not
entitled to vote, or
that | 971 |
| Stub A is detached from the absent
voter's ballot or absent | 972 |
|
voter's presidential ballot, or that the elector has not included | 973 |
| with the elector's ballot any identification required under | 974 |
| section 3509.05 or 3511.09 of the Revised Code, the vote
shall not | 975 |
| be accepted or
counted.
The vote of any
absent voter may be | 976 |
| challenged for cause
in the
same manner as
other votes are | 977 |
| challenged, and the
election
officials shall
determine the | 978 |
|
legality of
that ballot.
Every
ballot not
counted shall
be | 979 |
indorsedendorsed on
its back
"Not
Counted"
with
the reasons
the | 980 |
| ballot was not counted, and shall
be
enclosed
and
returned to or | 981 |
| retained by the board of elections
along with the
contested | 982 |
|
ballots. | 983 |
| Sec. 3509.08. (A) Any qualified elector, who, on account
of | 984 |
|
the elector's own personal illness, physical disability,
or | 985 |
|
infirmity, or on account of the elector's confinement in a jail or | 986 |
|
workhouse under
sentence for a misdemeanor or awaiting trial on a | 987 |
|
felony or misdemeanor, will
be unable to travel from the elector's | 988 |
|
home or place of
confinement to the voting booth in the elector's | 989 |
|
precinct on the day of any
general, special, or primary election | 990 |
|
may make application in
writing for an absent voter's ballot to | 991 |
|
the director of the board
of elections of the elector's county | 992 |
stating. The application shall include all of the information | 993 |
| required under section 3509.03 of the Revised Code and shall state | 994 |
| the nature of
the elector's illness, physical disability,
or | 995 |
| infirmity, or
the fact that the elector is confined in a jail
or | 996 |
| workhouse
and the elector's resultant inability to
travel to
the | 997 |
| election booth in the elector's precinct on
election day. The | 998 |
application shall not be valid if it is delivered to the
clerk | 999 |
| director
before the ninetieth day or after twelve noon of the | 1000 |
third
day
before the day of the election at which such ballots are | 1001 |
| the ballot is to
be
voted. | 1002 |
The absentee ballotsabsent voter's ballot may be mailed | 1003 |
| directly to the
applicant
at the applicant's voting residence or | 1004 |
| place of
confinement as
stated in the applicant's application, or | 1005 |
| the board may
designate
two board
employees belonging to the two | 1006 |
major political parties,
for the
purpose of delivering the ballots | 1007 |
ballot to the disabled or
confined
elector and returning themit | 1008 |
| to the board, unless the
applicant is
confined to a public or | 1009 |
| private institution within
the county, in
which case the board | 1010 |
| shall designate two such
employees for the
purpose of delivering | 1011 |
the ballotsballot to the
disabled or confined
elector and | 1012 |
returning themit to the board. In
all other instances,
the | 1013 |
ballotsballot shall be returned to the office
of the board in the | 1014 |
|
manner prescribed in section 3509.05 of the
Revised Code. | 1015 |
| Any disabled or confined elector who declares to the two | 1016 |
|
employees that the elector is unable to mark
the elector's ballot | 1017 |
by reason of
physical infirmity, and such physical infirmitythat | 1018 |
| is
apparent to
the employees to be sufficient to incapacitate the | 1019 |
voter from
marking
histhe elector's ballot properly, may receive, | 1020 |
upon
request,
receive the
assistance of the two employees in | 1021 |
| marking
the elector's
ballot, and they shall thereafter give no | 1022 |
|
information in regard to this
matter.
Such assistance shall not
be | 1023 |
| rendered for any other cause. | 1024 |
| (B)(1) Any qualified elector who is unable to travel to
the | 1037 |
|
voting booth in the elector's precinct on the day of any
general, | 1038 |
|
special,
or primary election because of being confined in a | 1039 |
|
hospital as a
result of an accident or unforeseeable medical | 1040 |
|
emergency
occurring before the
election, may apply
to the director | 1041 |
|
of the board of elections of the county where the
elector is a | 1042 |
|
qualified elector to vote in the election by absent voter's | 1043 |
|
ballot. This application shall be made in writing, shall include | 1044 |
| all of the information required under section 3509.03 of the | 1045 |
| Revised Code, and shall be
delivered to the director not later | 1046 |
| than three p.m. on the day of
the election. The application shall | 1047 |
| indicate the hospital where
the applicant is confined, the date of | 1048 |
| the applicant's
admission
to the
hospital, and the offices for | 1049 |
which the applicant is qualified
to
vote, and, if the applicant is | 1050 |
requesting to vote in a
primary
election, the applicant's party | 1051 |
affiliation. The
applicant may
also request that a member of the | 1052 |
| applicant's
family, as listed in
section 3509.05 of the Revised | 1053 |
| Code, deliver
the absent voter's
ballot to the applicant. The | 1054 |
| director, after
establishing to the
director's satisfaction the | 1055 |
| validity of
the
circumstances claimed
by the applicant, shall | 1056 |
| supply an absent
voter's ballot to be
delivered to the applicant. | 1057 |
| When the
applicant is in a hospital
in the county where the | 1058 |
| applicant
is a qualified
elector and no
request is made for a | 1059 |
| member of the family to
deliver the ballot,
the director shall | 1060 |
| arrange for the delivery
of an absent voter's
ballot to the | 1061 |
| applicant, and for its return
to the office of the
board, by two | 1062 |
| employees according to the
procedures prescribed in
division (A) | 1063 |
| of this section. When the
applicant is in a hospital
outside the | 1064 |
| county where the
applicant is a qualified elector and
no request | 1065 |
| is made for a member of
the family to deliver the
ballot, the | 1066 |
| director shall arrange for the delivery
of an absent
voter's | 1067 |
| ballot to the applicant by mail, and the ballot shall be
returned | 1068 |
| to the office of the board in the manner prescribed in
section | 1069 |
|
3509.05 of the Revised Code. | 1070 |
| (2) Any qualified elector who is eligible to vote
under | 1071 |
|
division (B) or (C) of section 3503.16
of the Revised Code but is | 1072 |
|
unable to do so because of the circumstances
described in division | 1073 |
|
(B)(1) of this section may vote in
accordance with division (B)(1) | 1074 |
|
of this section if that qualified
elector states in the | 1075 |
|
application for absent voter's ballots that that
qualified elector | 1076 |
|
moved or had a change of name under the circumstances
described in | 1077 |
|
division (B) or (C) of section 3503.16 of the Revised Code and
if | 1078 |
|
that qualified elector complies with divisions (G)(1) to (4) of | 1079 |
|
section 3503.16 of the Revised Code. | 1080 |
|
(B)(1) If a registered elector appears to vote in that | 1090 |
| precinct and that elector has requested an absent voter's ballot | 1091 |
| for that election but the director has not received a sealed | 1092 |
| identification envelope purporting to contain that elector's voted | 1093 |
| absent voter's ballots for that election, the elector shall be | 1094 |
| permitted to cast a ballot, generally in the manner prescribed in | 1095 |
| division (B) of section 3503.16 of the Revised Code, in that | 1096 |
| precinct on the day of that election. | 1097 |
|
(C)(1) In counting absent voter's ballots under section | 1106 |
| 3509.06 of the Revised Code, the board of elections or the | 1107 |
| precinct election officials shall compare the poll list or the | 1108 |
| signature pollbook for each precinct with the name of each elector | 1109 |
| in that precinct from whom the director has received a sealed | 1110 |
| identification envelope purporting to contain that elector's voted | 1111 |
| absent voter's ballots for that election. Except as otherwise | 1112 |
| provided in division (C)(2) of this section, if the board of | 1113 |
| elections determines that an elector who cast a ballot, generally | 1114 |
| in the manner prescribed in division (B) of section 3503.16 of the | 1115 |
| Revised Code, in the precinct on the day of the election also | 1116 |
| returned a sealed identification envelope for that election, the | 1117 |
| absent voter's ballot in the sealed identification envelope shall | 1118 |
| be counted, and the ballot cast in the precinct on the day of the | 1119 |
| election shall not be counted. | 1120 |
Sec. 3511.02. AnyNotwithstanding any section of the Revised | 1138 |
Code to the
contrary notwithstanding, whenever any person applies | 1139 |
| for
registration as a voter on a form adopted in accordance with | 1140 |
|
federal regulations relating to the "Uniformed and Overseas | 1141 |
|
Citizens Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff | 1142 |
|
(1986), this application shall be sufficient for voter | 1143 |
registration and as a request for an absenteeabsent voter's | 1144 |
| ballot. Armed
service absent voter's ballots may be obtained by | 1145 |
| any person
meeting the requirements of section 3511.01 of the | 1146 |
| Revised Code
by applying to the director of the board of elections | 1147 |
| of the
county in which the person's voting residence is located, | 1148 |
| in one
of the following ways: | 1149 |
(A) That person may make written application for suchthose | 1150 |
|
ballots. The person may personally deliver
the application to the | 1151 |
|
director or may mail it, send it by facsimile machine, or | 1152 |
|
otherwise send it to the director. The application need
not be in | 1153 |
any particular form but
shall contain the applicant's signature. | 1154 |
The
application need only
contain words that, liberally construed, | 1155 |
indicate the
request
for ballots; the election for which such | 1156 |
ballots are requested,
and, if the request is for primary election | 1157 |
ballots, the
person's party affiliation; that the person is | 1158 |
serving in
the armed forces of the United
States or is the spouse | 1159 |
or dependent of
a person serving in the armed forces of the
United | 1160 |
States; and
the length of residence in the state immediately | 1161 |
preceding the
commencement of service, or immediately preceding | 1162 |
the date of
leaving to be with or near the service member, as the | 1163 |
case may
be, and sufficient information to enable the director to | 1164 |
determine the precinct in which the residence is located. If the | 1165 |
person desires that such ballots be mailed to the
person, the | 1166 |
application
shall state the address to which they shall be mailed. | 1167 |
If the person
desires that such ballots be sent to the person by | 1168 |
facsimile machine,
the application shall stateall of the | 1169 |
| following information: | 1170 |
| (B) A voter or any relative of a voter listed in division | 1200 |
(B)(C)
of this section may use a single federal post card | 1201 |
| application to
apply for armed service absent voter's ballots for | 1202 |
| use at the
primary and general elections in a given year and any | 1203 |
| special
election to be held on the day in that year specified by | 1204 |
| division
(E) of section 3501.01 of the Revised Code for the | 1205 |
| holding of a
primary election, designated by the general assembly | 1206 |
| for the
purpose of submitting constitutional amendments proposed | 1207 |
by the
general assembly to the voters of the state. Such anA | 1208 |
| single federal postcard application
shall be processed by the | 1209 |
| board of elections pursuant to section
3511.04 of the Revised Code | 1210 |
| the same as if the voter had applied
separately for armed service | 1211 |
| absent voter's ballots for each
election. | 1212 |
(B)(C) Application to have sucharmed service absent voter's | 1213 |
| ballots mailed or sent by facsimile
machine to such a person
may | 1214 |
| be made by the spouse when the person is a service member, or
by | 1215 |
| the father, mother, father-in-law, mother-in-law, grandfather, | 1216 |
|
grandmother, brother or sister of the whole blood or half blood, | 1217 |
|
son, daughter, adopting parent, adopted child, stepparent, | 1218 |
stepchild, uncle, aunt, nephew, or niece of such a person. Such | 1219 |
| The
application shall be in writing upon a blank form furnished | 1220 |
| only
by the director or on a single federal post card as provided | 1221 |
in
division (A)(B) of this section. The form of suchthe | 1222 |
| application shall
be prescribed by the secretary of state. The | 1223 |
director shall
furnish suchthat blank form to any of the | 1224 |
relatives specified in this
section,division desiring to make | 1225 |
suchthe application, only upon the request
of such a relative | 1226 |
| made in person at the office of the board or
upon the written | 1227 |
request of such a relative mailed to the office of
the board. Such | 1228 |
The application, subscribed and sworn to by suchthe
applicant, | 1229 |
| shall contain all of the following: | 1230 |
| Each application for armed service absent voter's ballots | 1272 |
|
shall be delivered to the director not earlier than the first day | 1273 |
|
of January of the year of the elections for which the armed | 1274 |
|
service absent voter's ballots are requested or not earlier than | 1275 |
|
ninety days before the day of the election at which the ballots | 1276 |
|
are to be voted, whichever is earlier, and not later than twelve | 1277 |
|
noon of the third day preceding the day of the election,
or not | 1278 |
| later than the close of regular business hours on the
day before | 1279 |
the day of the election at which suchthose ballots are to
be | 1280 |
| voted if the application is delivered in person to the office
of | 1281 |
| the board. | 1282 |
| (B) Not later than the twenty-fifth day before
the day of | 1296 |
| each presidential primary election and not later than
the | 1297 |
| thirty-fifth day before the day of each general or other
primary | 1298 |
| election, and at the earliest possible time before the
day of a | 1299 |
| special election held on a day other than the day on
which a | 1300 |
| general or primary election is held, the director of the
board of | 1301 |
| elections shall mail or send by facsimile machine armed
service | 1302 |
| absent voter's
ballots then ready for use as provided for in | 1303 |
| section 3511.03 of
the Revised Code and for which the director has | 1304 |
received
valid applications
prior to suchthat time. Thereafter, | 1305 |
| and until twelve noon of the
third day preceding the day of | 1306 |
| election, the director shall
promptly, upon receipt of valid | 1307 |
applications thereforfor them, mail or
send by facsimile machine | 1308 |
| to
the proper persons all armed service absent voter's ballots | 1309 |
| then
ready for use. | 1310 |
| If, after the sixtieth day before the day of a general or | 1311 |
|
primary election, any other question, issue, or candidacy is | 1312 |
lawfully ordered submitted to the electors voting at suchthe | 1313 |
| general
or primary election, the board shall promptly provide a | 1314 |
| separate
official issue, special election, or other election | 1315 |
ballot for
submitting suchthe question, issue, or candidacy to | 1316 |
suchthose electors,
and the director shall promptly mail or send | 1317 |
| by facsimile machine
each such separate ballot to
each person to | 1318 |
| whom the director has previously mailed or
sent by facsimile | 1319 |
|
machine other armed service
absent voter's ballots. | 1320 |
| Sec. 3511.09. Upon receiving
armed service absent
voter's | 1324 |
|
ballots, the elector shall cause the questions on the
face
of the | 1325 |
|
identification envelope to be answered, and, by
writing
the | 1326 |
|
elector's usual signature in the proper place
on the | 1327 |
|
identification envelope,
the elector shall
declare under
penalty | 1328 |
|
of election falsification that the answers
to those
questions are | 1329 |
|
true and correct to the best of
the
elector's
knowledge and | 1330 |
|
belief. Then, the elector shall
note whether
there are any
voting | 1331 |
|
marks on the ballot.
If there
are any voting
marks, the
ballot | 1332 |
|
shall be returned immediately to
the board of
elections; | 1333 |
|
otherwise, the elector shall cause the
ballot to be
marked,
folded | 1334 |
|
separately so as to conceal the
markings
on it,
deposited
in the | 1335 |
|
identification
envelope, and securely sealed in
the
identification | 1336 |
|
envelope. The elector then
shall cause the
identification
envelope | 1337 |
| to
be placed within the return envelope,
sealed in the
return | 1338 |
|
envelope, and mailed to the director of the
board of
elections to | 1339 |
|
whom it is addressed. If the elector does not provide the | 1340 |
| elector's driver's license number or the last four digits of the | 1341 |
| elector's social security number on the statement of voter on the | 1342 |
| identification envelope, the elector also shall include in the | 1343 |
| return envelope with the identification envelope a copy of the | 1344 |
| elector's current valid photo identification or a copy of a | 1345 |
| current utility bill, bank statement, government check, paycheck, | 1346 |
| or other government document that shows the name and address of | 1347 |
| the elector. Each elector who will
be
outside the
United
States on | 1348 |
| the day of the election shall
check
the box on
the
return envelope | 1349 |
| indicating this fact
and
shall mail
the return
envelope to the | 1350 |
| director prior to the close
of the
polls on
election day. | 1351 |
|
(B)(1) If a registered elector appears to vote in that | 1360 |
| precinct and that elector has requested an armed service absent | 1361 |
| voter's ballot for that election but the director has not received | 1362 |
| a sealed identification envelope purporting to contain that | 1363 |
| elector's voted armed service absent voter's ballots for that | 1364 |
| election, the elector shall be permitted to cast a ballot, | 1365 |
| generally in the manner prescribed in division (B) of section | 1366 |
| 3503.16 of the Revised Code, in that precinct on the day of that | 1367 |
| election. | 1368 |
|
(2) If a registered elector appears to vote in that precinct | 1369 |
| and that elector has requested an armed service absent voter's | 1370 |
| ballot for that election and the director has received a sealed | 1371 |
| identification envelope purporting to contain that elector's voted | 1372 |
| armed service absent voter's ballots for that election, the | 1373 |
| elector shall be permitted to cast a ballot, generally in the | 1374 |
| manner prescribed in division (B) of section 3503.16 of the | 1375 |
| Revised Code, in that precinct on the day of that election. | 1376 |
|
(C)(1) In counting armed service absent voter's ballots under | 1377 |
| section 3511.11 of the Revised Code, the board of elections or the | 1378 |
| precinct election officials shall compare the poll list or the | 1379 |
| signature pollbook for each precinct with the name of each elector | 1380 |
| in that precinct from whom the director has received a sealed | 1381 |
| identification envelope purporting to contain that elector's voted | 1382 |
| armed service absent voter's ballots for that election. Except as | 1383 |
| otherwise provided in division (C)(2) of this section, if the | 1384 |
| board of elections determines that an elector who cast a ballot, | 1385 |
| generally in the manner prescribed in division (B) of section | 1386 |
| 3503.16 of the Revised Code, in the precinct on the day of the | 1387 |
| election also returned a sealed identification envelope for that | 1388 |
| election, the armed service absent voter's ballot in the sealed | 1389 |
| identification envelope shall be counted, and the ballot cast in | 1390 |
| the precinct on the day of the election shall not be counted. | 1391 |
| (2) Vote or attempt to vote more
than once at the same | 1416 |
| election
by any means, including voting or attempting to vote both | 1417 |
by absent
voter's ballots under division
(B),
(C), or
(G) of | 1418 |
| section 3503.16 of the
Revised Code and by regular ballot at
the | 1419 |
| polls at the same election, or voting or attempting to vote
both | 1420 |
by absent voter's ballots under division
(B),
(C), or
(G) of | 1421 |
| section 3503.16 of the
Revised Code and by absent voter's
ballots | 1422 |
| under Chapter 3509. or armed service absent voter's
ballots under | 1423 |
| Chapter 3511. of the
Revised Code at the same
election; | 1424 |
| (3) A minor participating in a play, pageant, or concert | 1487 |
|
produced by an outdoor historical drama corporation, a | 1488 |
|
professional traveling theatrical production, a professional | 1489 |
|
concert tour, or a personal appearance tour as a professional | 1490 |
|
motion picture star, or as an actor or performer in
motion | 1491 |
|
pictures or in radio or television productions in accordance with | 1492 |
|
the rules adopted pursuant to division (A) of section 4109.05 of | 1493 |
|
the Revised
Code; | 1494 |
| (1) A minor adjudicated to be an unruly child or
delinquent | 1531 |
|
child who, as a result of the adjudication, is placed
on probation | 1532 |
|
may either file a petition in the juvenile court in
whose | 1533 |
|
jurisdiction the minor resides, or apply to the
superintendent
or | 1534 |
|
to the chief administrative officer who
issued the minor's age and | 1535 |
|
schooling
certificate
pursuant to
section 3331.01 of the Revised | 1536 |
|
Code, alleging the restrictions on
the hours of
employment | 1537 |
|
described in division (D) of section
4109.07 of the
Revised Code | 1538 |
|
will cause a substantial hardship or
are not in the minor's
best | 1539 |
|
interests. Upon receipt of a petition
or application, the
court, | 1540 |
|
the superintendent,
or the chief
administrative officer, as | 1541 |
|
appropriate, shall consult with
the
person required to supervise | 1542 |
the minor on probation. If
after
suchthat consultation, the | 1543 |
| court,
the
superintendent, or the chief
administrative officer | 1544 |
| finds the
minor has failed to show the
restrictions will result in | 1545 |
| a
substantial hardship or that the
restrictions are not in the | 1546 |
|
minor's best
interests, the court,
the superintendent, or the | 1547 |
|
chief administrative officer shall
uphold the
restrictions. If | 1548 |
after suchthat consultation, the court,
the
superintendent, or | 1549 |
| the
chief administrative officer finds the
minor has shown the | 1550 |
|
restricted hours
will cause a substantial
hardship or are not in | 1551 |
|
the minor's best
interests, the court,
the superintendent, or the | 1552 |
|
chief administrative officer shall
establish
differing hours of | 1553 |
|
employment for the minor and notify
the minor
and the minor's | 1554 |
employer of suchthose hours, which shall be
binding in
lieu of | 1555 |
| the
restrictions on the hours of employment
described in
division | 1556 |
| (D)
of section 4109.07 of the Revised Code. | 1557 |
| (2) Any minor to whom division (C)(1) of this section does | 1558 |
|
not apply may either file a petition in the juvenile court in | 1559 |
|
whose jurisdiction the person resides, or apply to the | 1560 |
|
superintendent
or to the chief
administrative officer who issued | 1561 |
|
the minor's age and schooling
certificate
pursuant to section | 1562 |
|
3331.01 of the Revised Code,
alleging
the restrictions on the | 1563 |
| hours
of
employment described in
division (D) of section 4109.07 | 1564 |
| of the
Revised Code will cause a
substantial hardship or are not | 1565 |
| in the
minor's
best interests. | 1566 |
| If, as a result of a petition or application, the court,
the | 1567 |
|
superintendent,
or the chief administrative officer, as | 1568 |
|
appropriate, finds the minor has failed to
show such restrictions | 1569 |
|
will result in a substantial hardship or
that the restrictions are | 1570 |
|
not in the minor's best interests, the
court,
the
superintendent, | 1571 |
|
or the chief administrative officer shall uphold
the restrictions. | 1572 |
|
If the court, the superintendent, or the chief
administrative | 1573 |
| officer
finds the minor has shown the restricted
hours
will cause | 1574 |
| a
substantial hardship or are not in the minor's
best
interests, | 1575 |
| the
court, the superintendent, or the chief
administrative officer | 1576 |
| shall
establish the hours
of employment for
the minor and shall | 1577 |
notify
the minor and the
minor's employer of
suchthose hours. | 1578 |
| Section 2. That existing sections 3501.17, 3501.22, 3501.27, | 1586 |
| 3503.16, 3509.02, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, | 1587 |
| 3509.07, 3509.08, 3511.02, 3511.04, 3511.09, 3599.12, 3599.21, and | 1588 |
| 4109.06 of the Revised Code are hereby repealed. | 1589 |
| Section 3. Section 3501.22 of the Revised Code is presented | 1590 |
|
in this act
as a composite of the section as amended by both
Am. | 1591 |
|
Sub. H.B. 99 and Am. H.B. 215 of the 121st General Assembly. The | 1592 |
| General Assembly, applying the
principle stated in division (B) of | 1593 |
| section 1.52 of the Revised
Code that amendments are to be | 1594 |
| harmonized if reasonably capable of
simultaneous operation, finds | 1595 |
| that the composite is the resulting
version of the section in | 1596 |
| effect prior to the effective date of
the section as presented in | 1597 |
| this act. | 1598 |