As Introduced

126th General Assembly Regular Session 2005-2006

H. B. No. 3

Representative DeWine 

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A BILL

To amend sections 3501.05, 3505.18, 3506.01, 3515.03,

1

3515.06, and 3515.07 and to enact sections

2

3505.181 and 3506.21 of the Revised Code to

3

require the Secretary of State to establish a

4

computerized statewide voter registration database

5

in compliance with the Help America Vote Act of

6

2002; to require electors who register to vote by

7

mail and have not previously voted in an election

8

to provide identification before being permitted

9

to cast a ballot; to permit certain electors to

10

vote by provisional ballot in federal, state, and

11

local elections; to specify counting standards for

12

optical scan ballots; and to require that the

13

applicant for a non-automatic recount pay the

14

entire cost of the recount if its results do not

15

change the result of the election.

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

Section 1. That sections 3501.05, 3505.18, 3506.01, 3515.03,	17
3515.06, and 3515.07 be amended and sections 3505.181 and 3506.21	18
of the Revised Code be enacted to read as follows:	19

Sec. 3501.05.  The secretary of state shall do all of the	20
following:	21

(A) Appoint all members of boards of elections;

22

(B) Issue instructions by directives and advisories to	23
members of the boards as to the proper methods of conducting	24
elections;	25

(C) Prepare rules and instructions for the conduct of	26
elections;	27

(D) Publish and furnish to the boards from time to time a	28
sufficient number of indexed copies of all election laws then in	29
force;	30

(E) Edit and issue all pamphlets concerning proposed laws or	31
amendments required by law to be submitted to the voters;	32

(F) Prescribe the form of registration cards, blanks, and	33
records;	34

(G) Determine and prescribe the forms of ballots and the	35
forms of all blanks, cards of instructions, pollbooks, tally	36
sheets, certificates of election, and forms and blanks required by	37
law for use by candidates, committees, and boards;	38

(H) Prepare the ballot title or statement to be placed on the	39
ballot for any proposed law or amendment to the constitution to be	40
submitted to the voters of the state;	41

(I) Certify to the several boards the forms of ballots and	42
names of candidates for state offices, and the form and wording of	43
state referendum questions and issues, as they shall appear on the	44
ballot;	45

(J) Give final approval to ballot language for any local	46
question or issue approved and transmitted by boards of elections	47
under section 3501.11 of the Revised Code;	48

(K) Receive all initiative and referendum petitions on state	49
questions and issues and determine and certify to the sufficiency	50
of those petitions;	51

(L) Require such reports from the several boards as are	52
provided by law, or as the secretary of state considers necessary;	53

(M) Compel the observance by election officers in the several	54
counties of the requirements of the election laws;	55

(N)(1) Except as otherwise provided in division (N)(2) of	56
this section, investigate the administration of election laws,	57
frauds, and irregularities in elections in any county, and report	58
violations of election laws to the attorney general or prosecuting	59
attorney, or both, for prosecution;	60

(2) On and after August 24, 1995, report a failure to comply	61
with or a violation of a provision in sections 3517.08 to 3517.13,	62
3517.17, 3517.18, 3517.20 to 3517.22, 3599.03, or 3599.031 of the	63
Revised Code, whenever the secretary of state has or should have	64
knowledge of a failure to comply with or a violation of a	65
provision in one of those sections, by filing a complaint with the	66
Ohio elections commission under section 3517.153 of the Revised	67
Code;	68

(O) Make an annual report to the governor containing the	69
results of elections, the cost of elections in the various	70
counties, a tabulation of the votes in the several political	71
subdivisions, and other information and recommendations relative	72
to elections the secretary of state considers desirable;	73

(P) Prescribe and distribute to boards of elections a list of	74
instructions indicating all legal steps necessary to petition	75
successfully for local option elections under sections 4301.32 to	76
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;	77

(Q) Prescribe a general program to remove ineligible voters	78
from official registration lists by reason of change of residence,	79
which shall be uniform, nondiscriminatory, and in compliance with	80
the Voting Rights Act of 1965 and the National Voter Registration	81
Act of 1993, including a program that uses the national change of	82
address service provided by the United States postal system	83
through its licensees;	84

(R) Prescribe a general program for registering voters or	85
updating voter registration information, such as name and	86
residence changes, at designated agencies, the offices of deputy	87
registrars of motor vehicles, public high schools and vocational	88
schools, public libraries, and the offices of county treasurers,	89
and prescribe a program of distribution of voter registration	90
forms through those agencies, the offices of the registrar and	91
deputy registrars of motor vehicles, public high schools and	92
vocational schools, public libraries, and the offices of county	93
treasurers;	94

(S) To the extent feasible, provide copies, at no cost and	95
upon request, of the voter registration form in post offices in	96
this state;	97

(T) Adopt rules pursuant to section 111.15 of the Revised	98
Code for the purpose of implementing the program for registering	99
voters at designated agencies and the offices of the registrar and	100
deputy registrars of motor vehicles consistent with this chapter;	101

(U) Specify, by a directive issued not later than thirty-five	102
days prior to the date of an election, the date by which the	103
boards shall complete the canvass of election returns under	104
section 3505.32 or 3513.22 of the Revised Code;	105

(V) Establish the full-time position of Americans with	106
Disabilities Act coordinator within the office of the secretary of	107
state to do all of the following:	108

(1) Assist the secretary of state with ensuring that there is	109
equal access to polling places for persons with disabilities;	110

(2) Assist the secretary of state with ensuring that each	111
voter may cast the voter's ballot in a manner that provides the	112
same opportunity for access and participation, including privacy	113
and independence, as for other voters;	114

(3) Advise the secretary of state in the development of	115
standards for the certification of voting machines, marking	116
devices, and automatic tabulating equipment.	117

(W) Establish a computerized statewide database of all	118
legally registered voters that complies with the requirements of	119
the "Help America Vote Act of 2002," Public Law 107-252, 116 Stat.	120
1666;	121

(X) Perform other duties required by law.

122

Whenever a primary election is held under section 3513.32 of	123
the Revised Code or a special election is held under section	124
3521.03 of the Revised Code to fill a vacancy in the office of	125
representative to congress, the secretary of state shall establish	126
a deadline, notwithstanding any other deadline required under the	127
Revised Code, by which any or all of the following shall occur:	128
the filing of a declaration of candidacy and petitions or a	129
statement of candidacy and nominating petition together with the	130
applicable filing fee; the filing of protests against the	131
candidacy of any person filing a declaration of candidacy or	132
nominating petition; the filing of a declaration of intent to be a	133
write-in candidate; the filing of campaign finance reports; the	134
preparation of, and the making of corrections or challenges to,	135
precinct voter registration lists; the receipt of applications for	136
absent voter's ballots or armed service absent voter's ballots;	137
the supplying of election materials to precincts by boards of	138
elections; the holding of hearings by boards of elections to	139
consider challenges to the right of a person to appear on a voter	140
registration list; and the scheduling of programs to instruct or	141
reinstruct election officers.	142

In the performance of the secretary of state's duties as the	143
chief election officer, the secretary of state may administer	144
oaths, issue subpoenas, summon witnesses, compel the production of	145
books, papers, records, and other evidence, and fix the time and	146
place for hearing any matters relating to the administration and	147
enforcement of the election laws.	148

In any controversy involving or arising out of the adoption	149
of registration or the appropriation of funds for registration,	150
the secretary of state may, through the attorney general, bring an	151
action in the name of the state in the court of common pleas of	152
the county where the cause of action arose or in an adjoining	153
county, to adjudicate the question.	154

In any action involving the laws in Title XXXV of the Revised	155
Code wherein the interpretation of those laws is in issue in such	156
a manner that the result of the action will affect the lawful	157
duties of the secretary of state or of any board of elections, the	158
secretary of state may, on the secretary of state's motion, be	159
made a party.	160

The secretary of state may apply to any court that is hearing	161
a case in which the secretary of state is a party, for a change of	162
venue as a substantive right, and the change of venue shall be	163
allowed, and the case removed to the court of common pleas of an	164
adjoining county named in the application or, if there are cases	165
pending in more than one jurisdiction that involve the same or	166
similar issues, the court of common pleas of Franklin county.	167

Public high schools and vocational schools, public libraries,	168
and the office of a county treasurer shall implement voter	169
registration programs as directed by the secretary of state	170
pursuant to this section.	171

Sec. 3505.18. When(A)(1) Except as otherwise provided in	172
division (A)(2) of this section, when an elector appears in a	173
polling place to vote he, the elector shall announce histo the	174
precinct election officials the elector's full name and address to	175
the precinct election officials. He	176

(2)(a) If the election for which the elector appears in a	177
polling place to vote is an election for federal office, if the	178
elector registered to vote by mail, and if the elector has not	179
previously voted in an election for federal office in this state,	180
the elector shall announce to the precinct election officials the	181
elector's full name and address and provide to them proof of the	182
elector's identity in the form of a current valid photo	183
identification or a copy of a current utility bill, bank	184
statement, government check, paycheck, or other government	185
document that shows the name and address of the elector. If such	186
an elector does not provide to the precinct election officials any	187
of the forms of identification specified in division (A)(2)(a) of	188
this section, the elector may cast a provisional ballot in that	189
federal election as provided in division (A) of section 3505.181	190
of the Revised Code.	191

(b) If the election for which the elector appears in a	192
polling place to vote is an election other than an election for	193
federal office, if the elector registered to vote by mail, and if	194
the elector has not previously voted in an election for federal	195
office or an election other than an election for federal office in	196
this state, the elector shall announce to the precinct election	197
officials the elector's full name and address and provide to them	198
proof of the elector's identity in the form of a current valid	199
photo identification or a copy of a current utility bill, bank	200
statement, government check, paycheck, or other government	201
document that shows the name and address of the elector. If such	202
an elector does not provide to the precinct election officials any	203
of the forms of identification specified in division (A)(2)(b) of	204
this section, the elector may cast a provisional ballot in that	205
election as provided in division (B) of section 3505.181 of the	206
Revised Code.	207

(B) After the elector has announced the elector's full name	208
and address and, if applicable, provided identification under	209
division (A)(2)(a) or (b) of this section, the elector shall then	210
write histhe elector's name and address at the proper place in	211
the poll lists or signature pollbooks provided thereforfor the	212
purpose, except that if, for any reason, an elector shall beis	213
unable to write histhe elector's name and address in the poll	214
list or signature pollbook, the elector may make histhe elector's	215
mark at the place intended for histhe elector's name, and a	216
precinct election official shall write the name of the elector at	217
the proper place on the poll list or signature pollbook following	218
the elector's mark, upon the presentation of proper	219
identification. The making of such a mark shall be attested by the	220
precinct election official, who shall evidence the same by signing	221
histhe precinct election official's name on the poll list or	222
signature pollbook as a witness to suchthe mark.	223

The elector's signature in the poll lists or signature	224
pollbooks shall then shall be compared with histhe elector's	225
signature on histhe elector's registration form or a digitized	226
signature list as provided for in section 3503.13 of the Revised	227
Code, and if, in the opinion of a majority of the precinct	228
election officials, the signatures are the signatures of the same	229
person, the clerks shall enter the date of the election on the	230
registration form or shall record the date by such other means as	231
may be prescribed by the secretary of state. If the right of the	232
elector to vote is not then challenged, or, if being challenged,	233
hethe elector establishes histhe elector's right to vote, hethe	234
elector shall be allowed to proceed intoto use the voting	235
machine. If voting machines are not being used in that precinct,	236
the judge in charge of ballots shall then detach the next ballots	237
to be issued to the elector from Stub B attached to each ballot,	238
leaving Stub A attached to each ballot, hand the ballots to the	239
elector, and call histhe elector's name and the stub number on	240
each of the ballots. The clerk shall enter the stub numbers	241
opposite the signature of the elector in the pollbook. The elector	242
shall then retire to one of the voting compartments to mark his	243
the elector's ballots. No mark shall be made on any ballot which	244
would in any way enable any person to identify the person who	245
voted the ballot.	246

Sec. 3505.181.  (A) If an individual declares that the	247
individual is a registered voter in the jurisdiction in which the	248
individual desires to vote and that the individual is eligible to	249
vote in an election for federal office, but the name of the	250
individual does not appear on the official list of eligible voters	251
for the polling place or an election official asserts that the	252
individual is not eligible to vote, the individual shall be	253
permitted to cast a provisional ballot as follows:	254

(1) An election official at the polling place shall notify	255
the individual that the individual may cast a provisional ballot	256
in that election.	257

(2) The individual shall be permitted to cast a provisional	258
ballot at that polling place upon the execution of a written	259
affirmation by the individual before an election official at the	260
polling place stating that the individual is both of the	261
following:	262

(a) A registered voter in the jurisdiction in which the	263
individual desires to vote;	264

(b) Eligible to vote in that election.

265

(3) An election official at the polling place shall transmit	266
the ballot cast by the individual or the voter information	267
contained in the written affirmation executed by the individual	268
under division (A)(2) of this section to an appropriate state or	269
local election official for prompt verification under division	270
(A)(4) of this section.	271

(4) If the appropriate state or local election official to	272
whom the ballot or voter information is transmitted under division	273
(A)(3) of this section determines that the individual is eligible	274
to vote, the individual's provisional ballot shall be counted as a	275
vote in that election.	276

(5)(a) At the time that an individual casts a provisional	277
ballot, the appropriate state or local election official shall	278
give the individual written information that states that any	279
individual who casts a provisional ballot will be able to	280
ascertain under the system established under division (A)(5)(b) of	281
this section whether the vote was counted, and, if the vote was	282
not counted, the reason that the vote was not counted.	283

(b) The appropriate state or local election official shall	284
establish a free access system, such as a toll-free telephone	285
number or an internet web site, that any individual who casts a	286
provisional ballot may access to discover whether the vote of that	287
individual was counted, and, if the vote was not counted, the	288
reason that the vote was not counted.	289

The appropriate state or local election official shall	290
establish and maintain reasonable procedures necessary to protect	291
the security, confidentiality, and integrity of personal	292
information collected, stored, or otherwise used by the free	293
access system established under this division. Access to	294
information about an individual ballot shall be restricted to the	295
individual who cast the ballot.	296

(B) If an individual declares that the individual is a	297
registered voter in the jurisdiction in which the individual	298
desires to vote and that the individual is eligible to vote in an	299
election for an office other than a federal office or for state or	300
local questions and issues, but the name of the individual does	301
not appear on the official list of eligible voters for the polling	302
place or an election official asserts that the individual is not	303
eligible to vote, the individual shall be permitted to cast a	304
provisional ballot as follows:	305

(1) An election official at the polling place shall notify	306
the individual that the individual may cast a provisional ballot	307
in that election.	308

(2) The individual shall be permitted to cast a provisional	309
ballot at that polling place upon the execution of a written	310
affirmation by the individual before an election official at the	311
polling place stating that the individual is both of the	312
following:	313

(a) A registered voter in the jurisdiction in which the	314
individual desires to vote;	315

(b) Eligible to vote in that election.

316

(3) An election official at the polling place shall transmit	317
the ballot cast by the individual or the voter information	318
contained in the written affirmation executed by the individual	319
under division (B)(2) of this section to an appropriate state or	320
local election official for prompt verification under division	321
(B)(4) of this section.	322

(4) If the appropriate state or local election official to	323
whom the ballot or voter information is transmitted under division	324
(B)(3) of this section determines that the individual is eligible	325
to vote, the individual's provisional ballot shall be counted as a	326
vote in that election.	327

(5)(a) At the time that an individual casts a provisional	328
ballot, the appropriate state or local election official shall	329
give the individual written information that states that any	330
individual who casts a provisional ballot will be able to	331
ascertain under the system established under division (B)(5)(b) of	332
this section whether the vote was counted, and, if the vote was	333
not counted, the reason that the vote was not counted.	334

(b) The appropriate state or local election official shall	335
establish a free access system, such as a toll-free telephone	336
number or an internet web site, that any individual who casts a	337
provisional ballot may access to discover whether the vote of that	338
individual was counted, and, if the vote was not counted, the	339
reason that the vote was not counted.	340

The appropriate state or local election official shall	341
establish and maintain reasonable procedures necessary to protect	342
the security, confidentiality, and integrity of personal	343
information collected, stored, or otherwise used by the free	344
access system established under this division. Access to	345
information about an individual ballot shall be restricted to the	346
individual who cast the ballot.	347

(C) The appropriate state or local election official shall	348
cause voting information to be publicly posted at each polling	349
place on the day of each election for federal office, the day of	350
each election for an office other than a federal office, and the	351
day of each election for state or local questions and issues.	352

(D) As used in this section:

353

(1) "Jurisdiction" means the precinct in which a person is a	354
legally qualified elector.	355

(2) "Voting information" means all of the following:

356

(a) A sample version of the ballot that will be used for that	357
election;	358

(b) Information regarding the date of the election and the	359
hours during which polling places will be open;	360

(c) Instructions on how to vote, including how to cast a vote	361
and how to cast a provisional ballot;	362

(d) Instructions for mail-in registrants and first-time	363
voters under applicable federal and state laws;	364

(e) General information on voting rights under applicable	365
federal and state laws, including information on the right of an	366
individual to cast a provisional ballot and instructions on how to	367
contact the appropriate officials if these rights are alleged to	368
have been violated;	369

(f) General information on federal and state laws regarding	370
prohibitions on acts of fraud and misrepresentation.	371

Sec. 3506.01.  As used in this chapter and Chapters 3501.,	372
3503., 3505., 3509., 3511., 3513., 3515., 3517., 3519., 3521.,	373
3523., and 3599. of the Revised Code:	374

(A) "Marking device" means an apparatus operated by a voter	375
to record the voter's choices through the piercing or marking of	376
ballots enabling them to be examined and counted by automatic	377
tabulating equipment.	378

(B) "Ballot" means the official election presentation of	379
offices and candidates, including write-in candidates, and of	380
questions and issues, and the means by which votes are recorded.	381

(C) "Automatic tabulating equipment" means a machine or	382
electronic device, or interconnected or interrelated machines or	383
electronic devices, that will automatically examine and count	384
votes recorded on ballots.	385

(D) "Central counting station" means a location, or one of a	386
number of locations, designated by the board of elections for the	387
automatic examining, sorting, or counting of ballots.	388

(E) "Voting machines" means mechanical or electronic	389
equipment for the direct recording and tabulation of votes.	390

(F) "Direct recording electronic voting machine" means a	391
voting machine that records votes by means of a ballot display	392
provided with mechanical or electro-optical components that can be	393
actuated by the voter, that processes the data by means of a	394
computer program, and that records voting data and ballot images	395
in internal or external memory components. A "direct recording	396
electronic voting machine" produces a tabulation of the voting	397
data stored in a removable memory component and in printed copy.	398

(G) "Help America Vote Act of 2002" means the "Help America	399
Vote Act of 2002," Public Law 107-252, 116 Stat. 1666.	400

(H) "Voter verified paper audit trail" means a physical paper	401
printout on which the voter's ballot choices, as registered by a	402
direct recording electronic voting machine, are recorded. The	403
voter shall be permitted to visually or audibly inspect the	404
contents of the physical paper printout. The physical paper	405
printout shall be securely retained at the polling place until the	406
close of the polls on the day of the election; the secretary of	407
state shall adopt rules under Chapter 119. of the Revised Code	408
specifying the manner of storing the physical paper printout at	409
the polling place. After the physical paper printout is produced,	410
but before the voter's ballot is recorded, the voter shall have an	411
opportunity to accept or reject the contents of the printout as	412
matching the voter's ballot choices. If a voter rejects the	413
contents of the physical paper printout, the system that produces	414
the voter verified paper audit trail shall invalidate the printout	415
and permit the voter to recast the voter's ballot. On and after	416
the first federal election that occurs after January 1, 2006,	417
unless required sooner by the Help America Vote Act of 2002, any	418
system that produces a voter verified paper audit trail shall be	419
accessible to disabled voters, including visually impaired voters,	420
in the same manner as the direct recording electronic voting	421
machine that produces it.	422

(I) "Blank ballot" means either of the following:

423

(1) A ballot on which no vote is marked for any candidate,	424
question, or issue choice;	425

(2) A ballot that is improperly marked so that automatic	426
tabulating equipment is unable to detect or record a vote for any	427
candidate, question, or issue choice.	428

Sec. 3506.21. (A) As used in this section, "optical scan	429
ballot" means a ballot that is marked by using a specified writing	430
instrument to fill in a designated position to record a voter's	431
candidate, question, or issue choice and that can be scanned and	432
electronically read in order to tabulate the vote.	433

(B)(1) In addition to marks that can be scanned and	434
electronically read by automatic tabulating equipment, any of the	435
following marks, if made on an optical scan ballot, shall be	436
counted as a valid vote:	437

(a) A candidate, question, or issue choice that has been	438
underlined by the voter;	439

(b) A candidate, question, or issue choice that has been	440
circled by the voter;	441

(c) An arrow or oval beside the candidate, question, or issue	442
choice that has been circled by the voter;	443

(d) An arrow or oval beside the candidate, question, or issue	444
choice that has been marked by the voter with an "x," a check	445
mark, or other recognizable mark;	446

(e) A candidate, question, or issue choice that has been	447
marked with a writing instrument that cannot be recognized by	448
automatic tabulating equipment.	449

(2) The secretary of state may adopt rules under Chapter 119.	450
of the Revised Code to authorize additional types of optical scan	451
ballots and to specify the types of marks on those ballots that	452
shall be counted as a valid vote to ensure consistency in the	453
counting of ballots throughout the state.	454

(C)(1) In counties where optical scan ballots are used, for	455
the count of the voted ballots conducted on election day after the	456
time for the closing of the polls under section 3505.26 of the	457
Revised Code, the board of elections or employees of the board of	458
elections designated by the board under division (E) of this	459
section either shall visually inspect the voted ballots for blank	460
ballots before counting the voted ballots with automatic	461
tabulating equipment, or shall set the automatic tabulating	462
equipment to reject blank ballots.	463

(2)(a) Employees of the board of elections designated by the	464
board under division (E) of this section shall inspect ballots	465
identified as blank ballots by a visual inspection, or rejected as	466
blank ballots by automatic tabulating equipment, under division	467
(C)(1) of this section. Those designees shall determine whether	468
the intent of the voter can be determined under the criteria for a	469
valid vote listed or referred to in division (B) of this section,	470
if the ballot has been improperly marked so that the automatic	471
tabulating equipment is or would be unable to detect or record a	472
vote for any candidate, question, or issue choice.	473

(b) If it is clear to those designees that the intent of the	474
voter can be so determined and that the ballot has been so	475
improperly marked, those designees shall remake and count as a	476
valid ballot that optical scan ballot. The designees shall remake	477
and count an optical scan ballot under this division whether the	478
voter voted for one office, question, or issue, more than one but	479
not all offices, questions, or issues, or all offices, questions,	480
and issues.	481

(D) For the official canvass of election returns conducted	482
under section 3505.32 of the Revised Code, the automatic	483
tabulating equipment shall be set to reject blank ballots and over	484
votes.	485

(E) The board of elections of a county where optical scan	486
ballots are used shall designate teams to inspect those ballots	487
under division (C)(2) of this section, and may designate teams to	488
visually inspect those ballots under division (C)(1) of this	489
section. Those teams shall consist of two employees of the board,	490
one from each major political party. The board may designate as	491
many teams as the board considers necessary to visually inspect	492
those ballots for blank ballots, or to efficiently inspect those	493
ballots rejected as blank ballots by automatic tabulating	494
equipment, under division (C)(1) of this section.	495

Sec. 3515.03.  Each application for a recount shall	496
separatelyinclude a list of each precinct as toin which a	497
recount of the votes therein is requested, and the person filing	498
an application shall at the same time deposit with the board of	499
elections ten dollars in currency, bank money order, bank	500
cashier's check, or certified check for each precinct so listed in	501
such application as security for the payment of charges for making	502
the recount therein applied for, which charges shall be fixed by	503
the board as provided in section 3515.07 of the Revised Code. When	504
such	505

Upon the filing of an application, or upon declaration byis	506
filed or when the board of elections or the secretary of state	507
declares that the number of votes cast in any election for the	508
declared winning nominee, candidate, question, or issue does not	509
exceed the number of votes cast for the defeated nominee,	510
candidate, question, or issue, by the margins set forth in section	511
3515.011 of the Revised Code, the board of elections shall	512
promptly fix the time at which, method by which, and the place at	513
which thea recount will be made, which time shall be not later	514
than ten days after the day uponon which suchthe application is	515
filed or suchthe declaration is made. If the recount involves a	516
candidate for election to an office comprising more than one	517
county, the director of the board of elections shall promptly mail	518
notice of the time and place for suchthe recount to the board of	519
elections of the most populous county of the district. If the	520
contest involves a state office, the director of the board of	521
elections shall promptly notify the secretary of state of thea	522
filing for such a recount.	523

The director of the board of elections shall mail notice of	524
the time and place so fixed to any applicant and to each person	525
for whom votes were cast for suchthe nomination or election. Such	526
The notice shall be mailed by certified mail not later than the	527
fifth day before the day fixed for the commencement of the	528
recount. Persons entitled to have suchthe notice mailed to them	529
may waive their right to have it mailed by filing with the	530
director of the board of elections a written waiver to that	531
effect. Each person entitled to receive suchthe notice may attend	532
and witness the recount and may have any person whom the candidate	533
designates attend and witness the recount. At	534

At any time after a winning nominee or candidate is declared	535
but before the time for a recount pursuant to section 3515.011 of	536
the Revised Code commences, the declared losing nominee or	537
candidate may file with the board a written request to stop the	538
recount from commencing. In the case of more than one declared	539
losing candidate or nominee, each of whom is entitled to a recount	540
pursuant to section 3515.011 of the Revised Code, each such	541
declared losing candidate or nominee must file with the board such	542
a written request to stop the recount from commencing. The board	543
shall grant such a request and shall not commence the recount.	544

In the case of a recount of votes cast upon a question or	545
issue, any group of five or more qualified electors, who voted	546
upon suchon the question or issue and whose votes were in	547
opposition to the votes of the members of the group of electors	548
who applied for suchthe recount, or for whom suchthe recount was	549
required by section 3515.011 of the Revised Code, may file with	550
the board of elections a written statement to that effect,. In the	551
statement, the group shall designate therein one of their number	552
as chairmanchairperson of suchthe group and, may appoint an	553
attorney at law as their legal counsel, and may request that the	554
persons so designated in the statement be permitted to attend and	555
witness the recount. Thereupon theThe persons so designated then	556
may attend and witness the recount.	557

Sec. 3515.06.  If, pursuant to section 3515.04 of the Revised	558
Code, a person was declared nominated as a candidate for election	559
to an office or elected to an office or position in an election	560
and if it subsequently appears by thean amended declaration of	561
the results of suchthe election made following a recount of votes	562
cast in suchthe election that suchthat person was not so	563
nominated or elected, suchthat person may, within five days after	564
the date of suchthe amended declaration of the results of such	565
the election, may file an application with the board of elections	566
for a recount of the votes cast at suchthe election for suchthe	567
nomination or election in any precinct, the ballots of which have	568
not been recounted.	569

If, following a recount of votes cast in an election upon any	570
question or issue, the amended declaration of the results of such	571
the election shows the result of suchthe election to be contrary	572
to the result thereof as declared in the original declaration of	573
the results thereof, any group of five or more qualified electors	574
which has filed a statement with the board as provided in the	575
thirdfourth paragraph of section 3515.03 of the Revised Code may,	576
within five days after the date of the amended declaration, may	577
file an application with the board for a recount of the votes cast	578
at suchthe election upon suchthe question or issue in any	579
precinct of the county, the votes of which have not been	580
recounted.	581

Sections 3515.01 and 3515.02 to 3515.05 of the Revised Code	582
are applicable to any application provided for in this section and	583
to the recount had pursuant theretoto the application.	584

Sec. 3515.07.  The board of elections shall determine the	585
charges for making a recount of votes of precincts listed in an	586
application for a recount filed with the board of elections shall	587
be fixed by the board and. In determining the charges, the board	588
shall include all expenses it incurred by such board because of	589
suchthe application other than the regular operating expenses	590
which the board would have incurred if the application had not	591
been filed. The total amount of charges so fixed divided by the	592
number of precincts listed in such application, the votes of which	593
were recounted, shall be the charge per precinct for the recount	594
of the votes of the precincts listed in such application, the	595
votes of which were recounted; provided that the charges per	596
precinct so fixed shall not be more than ten nor less than five	597
dollars for each precinct the votes of which were recountedThe	598
applicant for a recount shall be required to pay the charges	599
determined by the board for the recount if, upon the completion of	600
a recount concerning a nomination or election, the board declares	601
the applicant not to be nominated or elected, or, upon completion	602
of a recount concerning a question or issue, the board declares	603
the result of the election to be the same as the original	604
declaration of its result.	605

Such charge per precinct shall be deducted by the board from	606
the money deposited with the board by the applicant for the	607
recount at the time of filing his application, and the balance of	608
the money so deposited shall be returned to such applicant;	609
provided that no such charge per precinct shall be deducted by the	610
board from the money deposited for a recount of votes cast for a	611
nomination or for an election to an office or position in any	612
precinct, if the total number of votes cast in such precinct for	613
the applicant, as recorded by such recount, is more than four per	614
cent larger than the number of votes for such applicant in such	615
precinct recorded in the original certified abstract thereof, nor	616
shall any charge per precinct be deducted for a recount of votes	617
cast in any precinct upon a question or issue if the total number	618
of votes in such precinct on the same side of such question or	619
issue as the side represented by the applicant, as recorded by	620
such recount, is more than four per cent larger than the number of	621
votes in such precinct on the same side of such question or issue	622
recorded in the original certified abstract thereof. No such	623
charge per precinct shall be deducted if upon the completion of a	624
recount concerning a nomination or election the applicant is	625
declared nominated or elected, or if upon the completion of a	626
recount concerning a question or issue the result of such election	627
is declared to be opposite to the original declaration of the	628
result of such election. All moneys deposited with a board by an	629
applicant shall be deposited in a special depository fund with the	630
county treasurer. The expenses of the recount and refunds shall be	631
paid from said fund upon order of the board of elections. Any	632
balance remaining in such fund shall be paid into the general fund	633
of the county.	634

Section 2. That existing sections 3501.05, 3505.18, 3506.01,	635
3515.03, 3515.06, and 3515.07 of the Revised Code are hereby	636
repealed.	637