H. B. No. 312 As Introduced

Representatives C. Evans, Trakas, DeGeeter, Yuko, Williams, Fende, Allen, S. Patton, D. Evans, Key, Chandler

A BILL

To amend section 3501.29 of the Revised Code to 1
ensure handicapped parking at polling places and 2
to require the director of a board of elections to 3
sign a statement verifying the availability of 4
that parking after each election. 5

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

       Section 1. That section 3501.29 of the Revised Code be 6
amended to read as follows: 7

       Sec. 3501.29. (A) The board of elections shall provide for 8
each precinct a polling place and provide adequate facilities at 9
each polling place for conducting the election. The board shall 10
provide a sufficient number of screened or curtained voting 11
compartments to which electors may retire and conveniently mark 12
their ballots, protected from the observation of others. Each 13
voting compartment shall be provided at all times with writing 14
implements, instructions how to vote, and other necessary 15
conveniences for marking the ballot. The presiding judge shall 16
ensure that the voting compartments at all times are adequately 17
lighted and contain the necessary supplies. The board shall 18
utilize, in so far as practicable, rooms in public schools and 19
other public buildings for polling places. Upon application of the 20
board of elections, the authority which has the control of any 21
building or grounds supported by taxation under the laws of this 22
state, shall make available the necessary space therein for the 23
purpose of holding elections and adequate space for the storage of 24
voting machines, without charge for the use thereof. A reasonable 25
sum may be paid for necessary janitorial service. When polling 26
places are established in private buildings, the board may pay a 27
reasonable rental therefor, and also the cost of liability 28
insurance covering the premises when used for election purposes, 29
or the board may purchase a single liability policy covering the 30
board and the owners of the premises when used for election 31
purposes. When removable buildings are supplied by the board, they 32
shall be constructed under the contract let to the lowest and best 33
bidder, and the board shall observe all ordinances and regulations 34
then in force as to safety. The board shall remove all such 35
buildings from streets and other public places within thirty days 36
after an election, unless another election is to be held within 37
ninety days. 38

       (B) ~~The~~(1) Except as otherwise provided in this section, the 39
board shall ~~assure that~~ensure all of the following: 40

       (a) That polling places are free of barriers that would 41
impede ingress and egress of handicapped persons~~, that~~; 42

       (b) That the minimum number of special parking locations, 43
also known as handicapped parking spaces or disability parking 44
spaces, for handicapped persons are designated at each polling 45
place in accordance with 28 C.F.R. Part 36, Appendix A, and in 46
compliance with division (E) of section 4511.69 of the Revised 47
Code. 48

        (c) That the entrances of polling places are level or are 49
provided with a nonskid ramp of not over eight per cent gradient, 50
~~and that~~; 51

       (d) That doors are a minimum of thirty-two inches wide. ~~Each~~ 52
~~county shall comply with these requirements according to the~~ 53
~~following timetable:~~ 54

       ~~(1) At least fifty per cent of the polling places in each~~ 55
~~county shall be in compliance by November 1, 1980;~~ 56

       (2) ~~At least seventy-five per cent of the polling places in~~ 57
~~each county shall be in compliance by November 1, 1981;~~ 58

       ~~(3) All~~Notwithstanding division (B)(1)(a), (c), or (d) of 59
this section, certain polling places ~~in each county shall~~may be 60
~~in compliance by November 1, 1982, except those that are~~ 61
specifically exempted by the secretary of state upon certification 62
by a board of elections that a good faith, but unsuccessful, 63
effort has been made to modify, or change the location of, such 64
polling places. 65

       (C) At any polling place that is ~~not in compliance with the~~ 66
~~requirements of division (B) of this section or is~~ exempted from 67
compliance by the secretary of state, the board of elections shall 68
permit any handicapped elector who travels to that elector's 69
polling place, but who is unable to enter the polling place, to 70
vote, with the assistance of two polling place officials of major 71
political parties, in the vehicle that conveyed that elector to 72
the polling place, or to receive and cast that elector's ballot at 73
the door of the polling place. 74

       (D) The secretary of state shall: 75

       (1) Work with other state agencies to facilitate the 76
distribution of information and technical assistance to boards of 77
elections to meet the requirements of division (B) of this 78
section; 79

       (2) Work with organizations that represent or provide 80
services to handicapped, disabled, or elderly citizens to effect a 81
wide dissemination of information about the availability of 82
absentee voting, voting in the voter's vehicle or at the door of 83
the polling place, or other election services to handicapped, 84
disabled, or elderly citizens. 85

       (E) After the time for the closing of the polls on the day of 86
an election, the director of the board of elections of each county 87
shall sign a statement verifying that each polling place used in 88
that county at that election meets the requirements of division 89
(B)(1)(b) of this section. The signed statement shall be sent to 90
the secretary of state by certified mail with the results of the 91
unofficial count of the ballots under section 3505.30 of the 92
Revised Code. 93

       (F) As used in this section, "handicapped" means having lost 94
the use of one or both legs, one or both arms, or any combination 95
thereof, or being blind or so severely disabled as to be unable to 96
move about without the aid of crutches or a wheelchair. 97

       Section 2. That existing section 3501.29 of the Revised Code 98
is hereby repealed. 99

Section 1. That section 3501.29 of the Revised Code be	6
amended to read as follows:	7

Sec. 3501.29. (A) The board of elections shall provide for	8
each precinct a polling place and provide adequate facilities at	9
each polling place for conducting the election. The board shall	10
provide a sufficient number of screened or curtained voting	11
compartments to which electors may retire and conveniently mark	12
their ballots, protected from the observation of others. Each	13
voting compartment shall be provided at all times with writing	14
implements, instructions how to vote, and other necessary	15
conveniences for marking the ballot. The presiding judge shall	16
ensure that the voting compartments at all times are adequately	17
lighted and contain the necessary supplies. The board shall	18
utilize, in so far as practicable, rooms in public schools and	19
other public buildings for polling places. Upon application of the	20
board of elections, the authority which has the control of any	21
building or grounds supported by taxation under the laws of this	22
state, shall make available the necessary space therein for the	23
purpose of holding elections and adequate space for the storage of	24
voting machines, without charge for the use thereof. A reasonable	25
sum may be paid for necessary janitorial service. When polling	26
places are established in private buildings, the board may pay a	27
reasonable rental therefor, and also the cost of liability	28
insurance covering the premises when used for election purposes,	29
or the board may purchase a single liability policy covering the	30
board and the owners of the premises when used for election	31
purposes. When removable buildings are supplied by the board, they	32
shall be constructed under the contract let to the lowest and best	33
bidder, and the board shall observe all ordinances and regulations	34
then in force as to safety. The board shall remove all such	35
buildings from streets and other public places within thirty days	36
after an election, unless another election is to be held within	37
ninety days.	38

(B) ~~The~~(1) Except as otherwise provided in this section, the	39
board shall ~~assure that~~ensure all of the following:	40

(a) That polling places are free of barriers that would	41
impede ingress and egress of handicapped persons~~, that~~;	42

(b) That the minimum number of special parking locations,	43
also known as handicapped parking spaces or disability parking	44
spaces, for handicapped persons are designated at each polling	45
place in accordance with 28 C.F.R. Part 36, Appendix A, and in	46
compliance with division (E) of section 4511.69 of the Revised	47
Code.	48

(c) That the entrances of polling places are level or are	49
provided with a nonskid ramp of not over eight per cent gradient,	50
~~and that~~;	51

(d) That doors are a minimum of thirty-two inches wide. ~~Each~~	52
~~county shall comply with these requirements according to the~~	53
~~following timetable:~~	54

~~(1) At least fifty per cent of the polling places in each~~	55
~~county shall be in compliance by November 1, 1980;~~	56

(2) ~~At least seventy-five per cent of the polling places in~~	57
~~each county shall be in compliance by November 1, 1981;~~	58

~~(3) All~~Notwithstanding division (B)(1)(a), (c), or (d) of	59
this section, certain polling places ~~in each county shall~~may be	60
~~in compliance by November 1, 1982, except those that are~~	61
specifically exempted by the secretary of state upon certification	62
by a board of elections that a good faith, but unsuccessful,	63
effort has been made to modify, or change the location of, such	64
polling places.	65

(C) At any polling place that is ~~not in compliance with the~~	66
~~requirements of division (B) of this section or is~~ exempted from	67
compliance by the secretary of state, the board of elections shall	68
permit any handicapped elector who travels to that elector's	69
polling place, but who is unable to enter the polling place, to	70
vote, with the assistance of two polling place officials of major	71
political parties, in the vehicle that conveyed that elector to	72
the polling place, or to receive and cast that elector's ballot at	73
the door of the polling place.	74

(1) Work with other state agencies to facilitate the	76
distribution of information and technical assistance to boards of	77
elections to meet the requirements of division (B) of this	78
section;	79

(2) Work with organizations that represent or provide	80
services to handicapped, disabled, or elderly citizens to effect a	81
wide dissemination of information about the availability of	82
absentee voting, voting in the voter's vehicle or at the door of	83
the polling place, or other election services to handicapped,	84
disabled, or elderly citizens.	85

(E) After the time for the closing of the polls on the day of	86
an election, the director of the board of elections of each county	87
shall sign a statement verifying that each polling place used in	88
that county at that election meets the requirements of division	89
(B)(1)(b) of this section. The signed statement shall be sent to	90
the secretary of state by certified mail with the results of the	91
unofficial count of the ballots under section 3505.30 of the	92
Revised Code.	93

(F) As used in this section, "handicapped" means having lost	94
the use of one or both legs, one or both arms, or any combination	95
thereof, or being blind or so severely disabled as to be unable to	96
move about without the aid of crutches or a wheelchair.	97

Section 2. That existing section 3501.29 of the Revised Code	98
is hereby repealed.	99