| (B)
Issue instructions by directives and advisories in | 11 |
|
accordance with section 3501.053 of the Revised Code to
members
of
| 12 |
the boards as to the proper methods
of conducting
elections. In | 13 |
addition to any other publication of those
directives and | 14 |
advisories, the secretary of state shall publish
those directives | 15 |
and advisories on a web site of the office of the
secretary of | 16 |
state as soon as is practicable after they are
issued, but not | 17 |
later than the close of business on the same day
as a directive | 18 |
or advisory is issued. The secretary of state shall
not remove | 19 |
from the web site any directives and advisories so
posted. The | 20 |
secretary of state shall provide on that web site
access to all | 21 |
directives and advisories currently in effect and
maintain an | 22 |
archive of all directives and advisories previously
published on | 23 |
that web site. | 24 |
| (2) On and after
August
24, 1995, report a failure to
comply | 62 |
|
with or a violation of a
provision in sections 3517.08 to 3517.13, | 63 |
|
3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the | 64 |
|
Revised
Code,
whenever the secretary of state has or should have | 65 |
|
knowledge of a
failure to comply with or a violation of a | 66 |
|
provision in one of
those sections,
by filing a complaint with the | 67 |
|
Ohio elections
commission under section
3517.153 of the Revised | 68 |
|
Code; | 69 |
| (R) Prescribe a general program for registering voters or | 97 |
|
updating voter
registration information, such as name and | 98 |
|
residence changes, by boards of elections, designated
agencies,
| 99 |
|
offices of deputy
registrars of motor
vehicles, public high | 100 |
|
schools and vocational
schools, public
libraries, and offices
of | 101 |
|
county treasurers consistent with the
requirements of section | 102 |
|
3503.09 of the Revised Code; | 103 |
| (X) Ensure that all directives, advisories, other | 134 |
|
instructions, or decisions issued or made during or as a result of | 135 |
|
any conference or teleconference call with a board of elections to | 136 |
|
discuss the proper methods and procedures for conducting | 137 |
|
elections, to answer questions regarding elections, or to discuss | 138 |
|
the interpretation of directives, advisories, or other | 139 |
|
instructions issued by the secretary of state are posted on a web | 140 |
|
site of the office of the secretary of state as soon as is | 141 |
|
practicable after the completion of the conference or | 142 |
|
teleconference call, but not later than the close of business on | 143 |
|
the same day as the conference or teleconference call takes place. | 144 |
| (Y) Publish a report on a web site of the office of the | 145 |
|
secretary of state not later than one month after the completion | 146 |
|
of the canvass of the election returns for each primary and | 147 |
|
general election, identifying, by county, the number of absent | 148 |
|
voter's ballots cast and the number of those ballots that were | 149 |
|
counted, and the number of provisional ballots cast and the number | 150 |
|
of those ballots that were counted, for that election. The | 151 |
|
secretary of state shall maintain the information on the web site | 152 |
|
in an archive format for each subsequent election. | 153 |
| (BB) Disseminate information, which may include all or
part | 162 |
|
of the official explanations and arguments, by means of
direct | 163 |
|
mail or other written publication, broadcast, or other
means or | 164 |
|
combination of means, as directed by the Ohio ballot
board under | 165 |
|
division (F) of section 3505.062 of the Revised Code,
in order to | 166 |
|
inform the voters as fully as possible concerning
each proposed | 167 |
|
constitutional amendment, proposed law, or
referendum; | 168 |
| Whenever a primary election is held under section 3513.32 of | 170 |
|
the Revised Code
or a special
election is held under section | 171 |
|
3521.03 of the Revised Code to fill a vacancy
in the office of | 172 |
|
representative to congress, the secretary of state shall establish | 173 |
|
a deadline,
notwithstanding any other deadline required under the | 174 |
|
Revised
Code, by which any or all of the following shall occur: | 175 |
|
the filing
of a declaration of candidacy and petitions or a | 176 |
|
statement of candidacy and
nominating petition together with the | 177 |
|
applicable filing fee; the filing of
protests against the | 178 |
|
candidacy of any person filing a declaration of candidacy
or | 179 |
|
nominating petition; the filing of a declaration of intent to be a | 180 |
|
write-in
candidate; the filing of campaign finance reports; the | 181 |
|
preparation of, and the
making of corrections or challenges to, | 182 |
|
precinct voter registration lists; the
receipt of applications for | 183 |
|
absent voter's ballots or armed service absent
voter's ballots; | 184 |
|
the supplying of election materials to precincts by boards of | 185 |
|
elections; the holding of hearings by boards of elections to | 186 |
|
consider
challenges to the right of a person to appear on a voter | 187 |
|
registration list;
and the scheduling of programs to instruct or | 188 |
|
reinstruct election officers. | 189 |
| In the performance of the
secretary of state's
duties as the | 190 |
|
chief election officer, the secretary of state may
administer | 191 |
|
oaths, issue
subpoenas, summon witnesses, compel the
production of | 192 |
|
books,
papers, records, and other evidence, and fix
the time and | 193 |
|
place
for hearing any matters relating to the
administration and | 194 |
|
enforcement of the election laws. | 195 |
| The secretary of state may apply to any court that is
hearing | 208 |
|
a case in which the secretary of state is a party, for a
change of | 209 |
|
venue as a
substantive right, and
the change of venue shall
be | 210 |
|
allowed, and
the case removed to the
court of common pleas
of an | 211 |
|
adjoining county
named in the application or,
if there
are cases | 212 |
|
pending in
more than one jurisdiction that
involve the
same or | 213 |
|
similar
issues,
the court of common pleas of
Franklin county. | 214 |
|
(B) In addition to any other publication of directives and | 245 |
|
advisories issued by the secretary of state, the secretary of | 246 |
|
state shall publish those directives and advisories on a web site | 247 |
|
of the office of the secretary of state as soon as is practicable | 248 |
|
after they are issued, but not later than the close of business on | 249 |
|
the same day as a directive or advisory is issued. The secretary | 250 |
|
of state shall not remove from the web site any directives and | 251 |
|
advisories so posted. The secretary of state shall provide on that | 252 |
|
web site access to all directives and advisories currently in | 253 |
|
effect and maintain an archive of all directives and advisories | 254 |
|
previously published on that web site. | 255 |
| Sec. 3501.22. (A) On or before the fifteenth day of
| 256 |
|
September
in each year, the board of elections by a majority vote
| 257 |
|
shall,
after careful examination and investigation as to their
| 258 |
|
qualifications, appoint for each election precinct four residents
| 259 |
|
of the county in which the precinct is
located, as judges. Except
| 260 |
|
as otherwise provided in division (C) of this section, all
judges | 261 |
|
of election shall be qualified electors. The judges shall
| 262 |
|
constitute the election
officers of the precinct. Not more than
| 263 |
|
one-half of the
total number of judges
shall be members of the
| 264 |
|
same political party. The term of such
precinct officers shall be
| 265 |
|
for one year. The board may, at any
time, designate any number of
| 266 |
|
election officers, not more than one-half of
whom shall be members
| 267 |
|
of the same political
party, to perform their duties at
any
| 268 |
|
precinct in any election. The board may appoint additional
| 269 |
|
officials, equally divided between the two major political
| 270 |
|
parties, when necessary to expedite voting.
| 271 |
| The board shall designate one of the precinct election
| 290 |
|
officials who is a
member of the dominant political party to serve
| 291 |
|
as a presiding judge, whose duty it is to deliver the returns of
| 292 |
|
the election
and all supplies to the office of the board. For
| 293 |
|
these services, the presiding
judge shall receive additional
| 294 |
|
compensation in an amount, consistent with
section 3501.28 of the
| 295 |
|
Revised Code, determined by the board of elections.
| 296 |
| (C)(1) A board of elections, in conjunction with the board
| 306 |
|
of education of a city, local, or exempted village school
| 307 |
|
district, the governing authority of a community school
| 308 |
|
established under Chapter 3314. of the Revised Code, or the chief
| 309 |
|
administrator of a nonpublic school may establish a program
| 310 |
|
permitting certain high school students to apply and, if appointed
| 311 |
|
by the board of elections, to serve as precinct officers at a
| 312 |
|
primary, special, or general election.
| 313 |
| Sec. 3503.01. (A) Every citizen of the United States who is
| 342 |
|
of
the age of eighteen years or over and who has been a resident
| 343 |
|
of
the state thirty days immediately preceding the election at
| 344 |
|
which the citizen offers to vote, is a resident of the county
and
| 345 |
|
precinct in which
the citizen offers to vote, and has been
| 346 |
|
registered to vote
for thirty
days, has the qualifications of an
| 347 |
|
elector and may vote at all
elections in the precinct in which the
| 348 |
|
citizen resides.
| 349 |
| (B) When only a portion of a precinct is included within the
| 350 |
boundaries of a schoolan election district, the board of
| 351 |
|
elections may
assign the electors residing in such portion of a
| 352 |
|
precinct to the
nearest precinct or portion of a precinct within
| 353 |
the boundaries
of such schoolelection district for the purpose of
| 354 |
voting at any special
school election held in such school | 355 |
|
district. In any election in
which only a part of the electors in
| 356 |
|
a precinct is qualified to
vote, the board may assign voters in
| 357 |
|
such part to an adjoining
precinct. Such assignment may be made to
| 358 |
|
an adjoining precinct
in another county with the consent and
| 359 |
|
approval of the board of
elections of such other county if the
| 360 |
|
number of voters assigned to vote in a precinct in another county
| 361 |
|
is two hundred or less.
| 362 |
| Sec. 3505.31. When the results of the voting in a polling | 373 |
|
place on the day of an election have been determined and entered | 374 |
|
upon the proper forms and the certifications
of those
results
have | 375 |
|
been
signed by the precinct officials,
those
officials,
before | 376 |
|
leaving
the polling place, shall place all
ballots
that
they have | 377 |
|
counted in containers provided for
that purpose by the
board of | 378 |
|
elections, and shall seal each
container in
a manner
that
it | 379 |
|
cannot be opened without
breaking the seal or the material
of | 380 |
|
which the container is made.
They shall also seal the
pollbook, | 381 |
|
poll list or signature
pollbook, and tally
sheet in
a manner that | 382 |
|
the data contained
in
these items cannot
be seen without breaking | 383 |
|
the seals. On the
outside of these items shall
be a plain | 384 |
|
indication that they are
to be filed with
the board. The
presiding | 385 |
|
judge and an
employee or appointee of the board of elections who | 386 |
|
has
taken an oath
to uphold the laws and constitution of this | 387 |
|
state,
including an
oath that the person will promptly and | 388 |
|
securely
perform the duties
required under this section and who | 389 |
|
is a
member of a different
political party than the presiding | 390 |
|
judge,
shall
then deliver to
the board
the containers
of
ballots | 391 |
|
and the
sealed pollbook, poll
list, and tally
sheet,
together | 392 |
|
with
all
other election reports,
materials, and
supplies | 393 |
|
required to be
delivered to
the board. | 394 |
| The board shall carefully preserve all ballots prepared and | 395 |
|
provided by it for use in an election, whether used or unused,
for | 396 |
|
sixty days after the day of
the election, except that, if an | 397 |
|
election includes the nomination or election of candidates for any | 398 |
|
of the offices of president, vice-president, presidential elector, | 399 |
|
member of the senate of the congress of the United States, or | 400 |
|
member of the house of representatives of the congress of the | 401 |
|
United States, the board shall carefully preserve all ballots | 402 |
|
prepared and provided by it for use in that election, whether used | 403 |
|
or unused, for twenty-two months after the day of the election.
If | 404 |
|
an election is held within
that sixty-day period, the board
shall | 405 |
|
have authority to transfer
those ballots to other
containers to | 406 |
|
preserve
them until the sixty-day period
has
expired.
After that | 407 |
|
sixty-day period, the
ballots shall be
disposed of by
the board
in
| 408 |
|
a manner
that the board orders, or
where voting
machines have been | 409 |
|
used the counters may be turned
back to zero;
provided that the | 410 |
|
secretary of state, within
that
sixty-day period,
may order
the | 411 |
|
board to
preserve
the ballots
or
any part
of the ballots for a | 412 |
|
longer period of time, in which
event
the board
shall
preserve
| 413 |
|
those ballots for
that longer
period of time. | 414 |
| In counties where voting machines are used, if an election
is | 415 |
|
to be held within the sixty days immediately following a
primary, | 416 |
|
general, or special election or within any period of
time within | 417 |
|
which the ballots have been ordered preserved by the
secretary of | 418 |
|
state or a court of competent jurisdiction, the
board, after | 419 |
|
giving notice to all interested parties and
affording them an | 420 |
|
opportunity to have a representative present,
shall open the | 421 |
|
compartments of the machines and, without
unlocking the
machines, | 422 |
|
shall recanvass the vote cast
in them as
if a
recount were being | 423 |
|
held. The results shall be certified by
the
board, and this | 424 |
|
certification shall be filed in the board's
office
and retained | 425 |
|
for the remainder of the period for which
ballots
must be kept. | 426 |
|
After preparation of the certificate, the
counters
may be turned | 427 |
|
back to zero, and the machines may be used
for the
election. | 428 |
| The board shall carefully preserve the pollbook,
poll list or | 429 |
|
signature pollbook, and tally
sheet delivered to
it from each | 430 |
|
polling place until it has completed the
official canvass of the | 431 |
|
election returns from all precincts in
which electors were | 432 |
|
entitled to vote at
an election, and has
prepared and
certified | 433 |
|
the abstracts
of election returns, as required
by law.
The board | 434 |
|
shall not break, or permit anyone
to break, the
seals upon the | 435 |
|
pollbook, poll
list or
signature pollbook, and
tally sheet,
or | 436 |
|
make, or permit any
one to make, any changes or
notations
in
these | 437 |
|
items, while
they
are in
its custody, except as provided by | 438 |
|
section 3505.32 of the
Revised
Code. | 439 |
| Pollbooks, poll lists or signature pollbooks, tally sheets, | 445 |
|
summary statements, and other records and returns of an election | 446 |
|
delivered to it from polling places shall be carefully preserved | 447 |
|
by the board for two years after the day of the election in which | 448 |
|
they were used, and shall
then be disposed of by
the board
in
a | 449 |
|
manner
that the board
orders. | 450 |
| (B) No voting machine, marking device, automatic
tabulating | 459 |
|
equipment, or software for the purpose of casting or
tabulating | 460 |
|
votes or for communications among systems involved in
the | 461 |
|
tabulation, storage, or casting of votes shall be purchased, | 462 |
|
leased, put in use, or continued to be used, except for | 463 |
|
experimental use as provided in division (B) of section 3506.04
of | 464 |
|
the Revised Code, unless it, a manual of procedures
governing its | 465 |
|
use, and training materials, service, and other
support | 466 |
|
arrangements have been certified by the secretary of
state and | 467 |
|
unless the board of elections of each county where the
equipment | 468 |
|
will be used has assured that a demonstration of the
use of the | 469 |
|
equipment has been made available to all interested
electors. The | 470 |
|
secretary of state shall appoint a board of voting
machine | 471 |
|
examiners to examine and approve equipment and its related manuals | 472 |
and support arrangements. The
board shall consist of one competent | 473 |
and experienced election
officer and two persons who are | 474 |
knowledgeable about the operation
of such equipment, whofour | 475 |
|
members, who shall be appointed as follows: | 476 |
|
In all cases of a tie vote or a disagreement in the board, if | 486 |
|
no decision can be arrived at, the board shall submit the matter | 487 |
|
in controversy to the secretary of state, who shall summarily | 488 |
|
decide the question, and the secretary of state's decision shall | 489 |
|
be final. Each member of the board shall be a competent and | 490 |
|
experienced election officer or a person who is knowledgeable | 491 |
|
about the operation of voting equipment and shall serve during the | 492 |
|
secretary of
state's term. Any vacancy on the board
shall be | 493 |
|
filled in the
same
manner as the original appointment.
The | 494 |
|
secretary of state
shall
provide staffing assistance to the | 495 |
|
board, at the board's
request. | 496 |
| For the member's service, each member of the board
shall | 497 |
|
receive three hundred dollars per day for each combination of | 498 |
|
marking device, tabulating equipment, and voting machine examined | 499 |
|
and reported, but in no event shall a member receive more than
six | 500 |
|
hundred dollars to examine and report on any one marking
device, | 501 |
|
item of tabulating equipment, or voting machine. Each
member of | 502 |
|
the board shall be reimbursed for expenses the
member incurs | 503 |
|
during an examination or during the performance of any related | 504 |
|
duties that may be required by the secretary of state. | 505 |
|
Reimbursement of these expenses shall be made in accordance with, | 506 |
|
and shall not exceed, the rates provided for under section 126.31 | 507 |
|
of the Revised Code. | 508 |
| (C)(1) A vendor who desires to have the secretary of state | 513 |
|
certify equipment shall first submit the equipment, all
current | 514 |
|
related procedural manuals, and a current description of
all | 515 |
|
related support arrangements to the board of voting machine | 516 |
|
examiners for examination, testing, and approval. The submission | 517 |
|
shall be
accompanied by a fee of eighteen hundred
dollars and a | 518 |
|
detailed explanation of the construction and method
of operation | 519 |
|
of the equipment, a full statement of its
advantages, and a list | 520 |
|
of the patents and copyrights used in
operations essential to the | 521 |
|
processes of vote recording and
tabulating, vote storage, system | 522 |
|
security, and other crucial
operations of the equipment as may be | 523 |
|
determined by the board. An additional
fee, in an amount to be set | 524 |
|
by rules promulgated by
the board, may be imposed to pay for the | 525 |
|
costs of alternative
testing or testing by persons other than | 526 |
|
board members, record-keeping, and other extraordinary costs | 527 |
|
incurred in the
examination process. Moneys not used shall be | 528 |
|
returned to the
person or entity submitting the equipment for | 529 |
|
examination. | 530 |
| (2) Fees collected by the secretary of state under this | 531 |
|
section shall be deposited into the state treasury to the credit | 532 |
|
of the board of voting machine examiners fund, which is hereby | 533 |
|
created. All moneys credited to this fund shall be used solely
for | 534 |
|
the purpose of paying for the services and expenses of each
member | 535 |
|
of the board or for other
expenses incurred relating to the | 536 |
|
examination, testing,
reporting, or certification of voting | 537 |
|
machine devices, the
performance of any related duties as required | 538 |
|
by the secretary of
state, or the reimbursement of any person | 539 |
|
submitting an
examination fee as provided in this chapter. | 540 |
| (D) Within sixty days after the submission of the
equipment | 541 |
|
and payment of the fee, or as soon thereafter as is
reasonably | 542 |
|
practicable, but in any event within not more than
ninety days | 543 |
|
after the submission and payment, the board of voting machine | 544 |
|
examiners shall
examine the equipment and file with the secretary | 545 |
|
of state a
written report on the equipment with its | 546 |
|
recommendations and its
determination or condition of approval | 547 |
|
regarding whether the
equipment, manual, and other related | 548 |
|
materials or arrangements
meet the criteria set forth in sections | 549 |
|
3506.07 and 3506.10 of
the Revised Code and can be safely used by | 550 |
|
the voters at
elections under the conditions prescribed in Title | 551 |
|
XXXV of the
Revised Code, or a written statement of reasons for | 552 |
|
which testing
requires a longer period. The board may grant | 553 |
|
temporary approval
for the purpose of allowing experimental use of | 554 |
|
equipment. If
the board finds that the equipment meets the | 555 |
|
criteria set forth
in sections 3506.06, 3506.07, and 3506.10 of | 556 |
|
the Revised Code, can be used
safely and can be depended upon to | 557 |
|
record and count accurately
and continuously the votes of | 558 |
|
electors, and has the capacity to
be warranted, maintained, and | 559 |
|
serviced, it shall approve the
equipment and recommend that the | 560 |
|
secretary of state certify the
equipment. The secretary of state | 561 |
|
shall notify all boards of
elections of any such certification. | 562 |
|
Equipment of the same
model and make, if it provides for recording | 563 |
|
of voter intent,
system security, voter privacy, retention of | 564 |
|
vote, and
communication of voting records in an identical manner, | 565 |
|
may then
be adopted for use at elections. | 566 |
| (E) The vendor shall notify the secretary of state, who
shall | 567 |
|
then notify the board of voting machine examiners, of any | 568 |
|
enhancement and any
significant adjustment to the hardware or | 569 |
|
software that could
result in a patent or copyright change or that | 570 |
|
significantly
alters the methods of recording voter intent, system | 571 |
|
security,
voter privacy, retention of the vote, communication of | 572 |
|
voting
records, and connections between the system and other | 573 |
|
systems.
The vendor shall provide the secretary of state with an | 574 |
|
updated
operations manual for the equipment, and the secretary of | 575 |
|
state
shall forward the manual to the board. Upon receiving such a | 576 |
|
notification and manual, the board may require the vendor to | 577 |
|
submit the equipment to an examination and test in order for the | 578 |
|
equipment to remain certified. The board or the secretary of
state | 579 |
|
shall periodically examine, test, and inspect certified
equipment | 580 |
|
to determine continued compliance with the requirements
of this | 581 |
|
chapter and the initial certification. Any examination,
test, or | 582 |
|
inspection conducted for the purpose of continuing
certification | 583 |
|
of any equipment in which a significant problem has
been uncovered | 584 |
|
or in which a record of continuing problems exists
shall be | 585 |
|
performed pursuant to divisions (C) and (D) of this
section, in | 586 |
|
the same manner as the examination, test, or
inspection is | 587 |
|
performed for initial approval and certification. | 588 |
| (F) If, at any time after the certification of equipment,
the | 589 |
|
board of voting machine examiners or the secretary of state is | 590 |
|
notified by a board of
elections of any significant problem with | 591 |
|
the equipment or
determines that the equipment fails to meet the | 592 |
|
requirements
necessary for approval or continued compliance with | 593 |
|
the
requirements of this chapter, or if the board of voting | 594 |
|
machine
examiners determines that there are significant | 595 |
|
enhancements or
adjustments to the hardware or software, or if | 596 |
|
notice of such
enhancements or adjustments has not been given as | 597 |
|
required by
division (E) of this section, the secretary of state | 598 |
|
shall notify
the users and vendors of that equipment that | 599 |
|
certification of the
equipment may be withdrawn. | 600 |
| (3) Not later than fifteen days after receiving a written | 615 |
|
description or explanation under division (G)(2) of this section | 616 |
|
from a vendor, the board shall determine whether the corrective | 617 |
|
measures taken or the explanation is satisfactory to allow | 618 |
|
continued certification of the equipment, and the secretary of | 619 |
|
state shall send the vendor a written notice of the board's | 620 |
|
determination, specifying the reasons for it. If the board has | 621 |
|
determined that the measures taken or the explanation given is | 622 |
|
unsatisfactory, the notice shall include the effective date of | 623 |
|
withdrawal of the certification. This date may be different from | 624 |
|
the date originally specified in division (G)(1)(b) of this | 625 |
|
section. | 626 |
| (4) A vendor who receives a notice under division (G)(3)
of | 627 |
|
this section indicating a decision to withdraw certification
may, | 628 |
|
within thirty days after receiving it, request in writing
that the | 629 |
|
board hold a hearing to reconsider its decision. Any
interested | 630 |
|
party shall be given the opportunity to submit
testimony or | 631 |
|
documentation in support of or in opposition to the
board's | 632 |
|
recommendation to withdraw certification. Failure of the
vendor to | 633 |
|
take appropriate steps as described in division
(G)(1)(b) or to | 634 |
|
comply with division (G)(2) of this section
results in a waiver of | 635 |
|
the vendor's rights under division
(G)(4) of this
section. | 636 |
| (H)(1) The secretary of state, in consultation with the
board | 637 |
|
of voting machine examiners, shall establish, by rule, guidelines | 638 |
|
for the approval,
certification, and continued certification of | 639 |
|
the voting
machines, marking devices, and tabulating equipment to | 640 |
|
be used
under Title XXXV of the Revised Code. The guidelines shall | 641 |
|
establish procedures requiring vendors or computer software | 642 |
|
developers to place in escrow with an independent escrow agent | 643 |
|
approved by the secretary of state a copy of all source code and | 644 |
|
related documentation, together with periodic updates as they | 645 |
|
become known or available. The secretary of state shall
require | 646 |
|
that the documentation include a system configuration and
that | 647 |
|
the source code include all relevant program statements in
low- | 648 |
|
or high-level languages. As used in this division, "source
code" | 649 |
|
does not include variable codes created for specific
elections. | 650 |
| (2) Nothing in any rule adopted under division (H) of this | 651 |
|
section shall be construed to limit the ability of the secretary | 652 |
|
of state to follow or
adopt, or to preclude the
secretary of | 653 |
|
state from following or
adopting, any guidelines
proposed by the | 654 |
|
federal election
commission, any entity authorized
by the federal | 655 |
|
election
commission to propose guidelines, the
election | 656 |
|
assistance commission, or any entity authorized by the
election | 657 |
|
assistance commission to propose guidelines. | 658 |
| (3)(a) Before the initial certification of any direct | 659 |
|
recording electronic voting machine with a voter verified paper | 660 |
|
audit trail, and as a condition for the continued certification | 661 |
|
and use of those machines, the secretary of state shall establish, | 662 |
|
by rule, standards for the
certification of those machines. Those | 663 |
|
standards shall include,
but are not limited to, all of the | 664 |
|
following: | 665 |
|
(c) A county that acquires additional voting machines, | 709 |
|
marking devices, or automatic tabulating equipment on or after | 710 |
|
December 1, 2008, shall not be considered to have
acquired those | 711 |
|
machines, devices, or equipment on or after December
1, 2008, for | 712 |
|
the purpose of division
(H)(4)(a) of this
section if all of the | 713 |
|
following apply: | 714 |
|
(iii) The acquisition of the voting machines, marking | 721 |
|
devices, or automatic tabulating equipment is for the purpose of | 722 |
|
replacing inoperable machines, devices, or equipment or for the | 723 |
|
purpose providing additional machines, devices, or equipment | 724 |
|
required to meet the allocation requirements established pursuant | 725 |
|
to division (I) of section 3501.11 of the Revised Code.
| 726 |
| Sec. 3509.05. (A) When an elector receives an absent | 727 |
|
voter's
ballot pursuant
to the elector's application or request, | 728 |
|
the
elector shall, before placing any marks on the ballot,
note | 729 |
|
whether there are any voting marks on it. If there are
any voting | 730 |
|
marks, the ballot shall be returned immediately to the
board of | 731 |
|
elections; otherwise, the elector shall cause the
ballot to be | 732 |
|
marked, folded in a manner that the stub on it and the | 733 |
|
indorsements and facsimile signatures of the members of the board | 734 |
|
of elections on the back of it are visible, and placed and
sealed | 735 |
|
within the identification envelope received from the
director of | 736 |
|
elections for that purpose. Then, the elector shall
cause the | 737 |
|
statement of voter on the outside of the identification
envelope | 738 |
|
to be completed and signed, under penalty of election | 739 |
|
falsification. | 740 |
| If the elector does not provide the elector's driver's | 741 |
|
license number or the last four digits of the elector's social | 742 |
|
security number on the statement of voter on the identification | 743 |
|
envelope, the elector also shall include in the return envelope | 744 |
|
with the identification envelope a copy of the elector's current | 745 |
|
valid photo identification, a copy of a military identification | 746 |
|
that shows the elector's name and current address, or a copy of a | 747 |
|
current utility bill, bank statement, government check, paycheck, | 748 |
|
or other government document, other than a notice of an election | 749 |
|
mailed by a board of elections under section 3501.19 of the | 750 |
|
Revised Code or a notice of voter registration mailed by a board | 751 |
|
of elections under section 3503.19 of the Revised Code, that shows | 752 |
|
the name and address of the elector. | 753 |
| The elector shall mail the identification envelope to
the | 754 |
|
director from whom it was received in the return envelope,
postage | 755 |
|
prepaid, or the elector may personally deliver it to
the director, | 756 |
|
or the spouse of the elector, the father, mother, father-in-law, | 757 |
|
mother-in-law, grandfather, grandmother, brother, or sister of
the | 758 |
|
whole or half blood, or the son, daughter, adopting parent, | 759 |
|
adopted child, stepparent, stepchild, uncle, aunt, nephew, or | 760 |
|
niece of the elector may deliver it to the director. The
return | 761 |
|
envelope shall be transmitted to the director in no other
manner, | 762 |
|
except as provided in section 3509.08 of the Revised
Code. | 763 |
| When absent voter's ballots are delivered to an elector at | 767 |
|
the office of the board, the elector may retire to a voting | 768 |
|
compartment provided by the board and there mark the ballots. | 769 |
|
Thereupon, the elector shall fold them, place them in the | 770 |
|
identification
envelope provided, seal the envelope, fill in and | 771 |
|
sign the statement on the envelope under penalty of election | 772 |
|
falsification, and deliver the envelope to the director of the | 773 |
|
board. | 774 |
| Except as otherwise provided in divisions (B) and (C) of
this | 775 |
|
section, all other envelopes containing marked absent
voter's | 776 |
|
ballots shall be delivered to the director not later
than the | 777 |
|
close of the polls on the day of an election. Absent
voter's | 778 |
|
ballots delivered to the director later than the times
specified | 779 |
|
shall not be counted, but shall be kept by the board in
the sealed | 780 |
|
identification envelopes in which they are delivered
to the | 781 |
|
director, until the time provided by section 3505.31 of
the | 782 |
|
Revised Code for the destruction of all other ballots used at
the | 783 |
|
election for which ballots were provided, at which time they
shall | 784 |
|
be destroyed. | 785 |
(B)(1) Except as otherwise provided in division (C)(B)(2) of | 786 |
|
this
section, any return envelope that indicates that the voter | 787 |
|
will
be outside the United States on the day of the election shall | 788 |
|
be
delivered to the director prior to the eleventh day after the | 789 |
|
election. Ballots delivered in such envelopes that are received | 790 |
|
after the close of the polls on election day through the tenth
day | 791 |
|
thereafter shall be counted on the eleventh day at the board
of | 792 |
|
elections in the manner provided in divisions (C) and (D) of | 793 |
|
section 3509.06 of the Revised Code. Any such ballots that are | 794 |
|
signed or postmarked after the close of the polls on the day of | 795 |
|
the election or that are received by the director later than the | 796 |
|
tenth day following the election shall not be counted, but shall | 797 |
|
be kept by the board in the sealed identification envelopes as | 798 |
|
provided in division (A) of this section. | 799 |
(C)(2) In any year in which a presidential primary election | 800 |
|
is held, any return envelope that indicates that the voter will
be | 801 |
|
outside the United States on the day of the presidential
primary | 802 |
|
election shall be delivered to the director prior to the | 803 |
|
twenty-first day after that election. Ballots delivered in such | 804 |
|
envelopes that are received after the close of the polls on | 805 |
|
election day through the twentieth day thereafter shall be
counted | 806 |
|
on the twenty-first day at the board of elections in the
manner | 807 |
|
provided in divisions (C) and (D) of section 3509.06 of
the | 808 |
|
Revised Code. Any such ballots that are signed or postmarked
after | 809 |
|
the close of the polls on the day of that election or that
are | 810 |
|
received by the director later than the twentieth day
following | 811 |
|
that election shall not be counted, but shall be kept
by the board | 812 |
|
in the sealed identification envelopes as provided
in division (A) | 813 |
|
of this section. | 814 |
| (C)(1) Except as otherwise provided in division (C)(2) of | 815 |
|
this section, any return envelope that is postmarked within the | 816 |
|
United
States prior to the day of the election shall be delivered | 817 |
|
to the
director prior to the eleventh day after the election. | 818 |
|
Ballots
delivered in envelopes postmarked prior to the day of the | 819 |
|
election that are received after the close of the polls on | 820 |
|
election day through the tenth day thereafter shall be counted on | 821 |
|
the eleventh day at the board of elections in the manner provided | 822 |
|
in divisions (C) and (D) of section 3509.06 of the Revised Code. | 823 |
|
Any such ballots that are received by the director later than the | 824 |
|
tenth day following the election shall not be counted, but shall | 825 |
|
be kept by the board in the sealed identification envelopes as | 826 |
|
provided in division (A) of this section. | 827 |
Sec. 3511.06. The identification envelope provided for in | 831 |
section 3511.05 of the Revised Code shall be a No. 10, 24-lb. | 832 |
white official envelope, four and one-eighth inches by nine and | 833 |
one-half inches in size. The return envelope provided for in
such | 834 |
section 3511.05 of the Revised Code shall be a No. 11, 24-lb. | 835 |
white official envelope,
four and one-half inches by ten and | 836 |
three-eighths inches in sizeof such size that the identification | 837 |
|
envelope can be conveniently placed within it for returning the | 838 |
|
identification envelope to the director.
The envelope in which the | 839 |
|
two envelopes and the armed service
absent voter's ballots are | 840 |
mailed to the elector shall be a No.
12, 24-lb. white official | 841 |
envelope, four and three-quarter inches
by eleven inches in size, | 842 |
and it shall have two parallel lines,
each one quarter of an inch | 843 |
|
in width, printed across its face,
paralleling the top, with an | 844 |
|
intervening space of one-quarter of
an inch between such lines. | 845 |
|
The top line shall be one and
one-quarter inches from the top of | 846 |
|
the envelope. Between the
parallel lines shall be printed: | 847 |
|
"official armed service absent
voter's balloting material--via air | 848 |
|
mail." The appropriate
return address of the director of the board | 849 |
|
of elections shall be
printed in the upper left corner on the face | 850 |
|
of such envelope.
Several blank lines shall be printed on the face | 851 |
|
of such envelope
in the lower right portion, below the bottom | 852 |
|
parallel line, for
writing in the name and address of the elector | 853 |
to whom such
envelope is mailed. All printing on such envelope | 854 |
shall be in
red ink. | 855 |
| Sec. 3511.11.
(A) Upon receipt of any
return envelope | 856 |
|
bearing the
designation "Official Election Armed Service Absent | 857 |
|
Voter's
Ballot" prior to the twenty-first day after the day of a | 858 |
|
presidential primary election or prior to the eleventh day after | 859 |
|
the day of any other election, the director of the board of | 860 |
|
elections shall open it but shall not open the identification | 861 |
|
envelope
contained
in it. If, upon so opening
the return
envelope, | 862 |
|
the director finds ballots
in
it that are not
enclosed
in
and | 863 |
|
properly sealed in the
identification envelope,
the
director shall | 864 |
|
not
look at the markings upon
the ballots and
shall promptly
place | 865 |
|
them
in the identification envelope and
promptly seal
it. If, upon | 866 |
|
so opening
the return envelope, the
director finds
that
ballots | 867 |
|
are
enclosed in the
identification
envelope but that
it is not | 868 |
|
properly sealed,
the director shall
not look at the
markings upon | 869 |
|
the ballots and
shall promptly seal
the identification envelope. | 870 |
| (C) A return envelope that indicates that the voter will be | 875 |
|
outside of the United States on the day of an election is not | 876 |
|
required to be postmarked in order for an armed service absent | 877 |
|
voter's ballot contained in it to be valid. Except as otherwise | 878 |
|
provided in this division, whether or not the return envelope | 879 |
|
containing the ballot is postmarked or contains an illegible | 880 |
|
postmark, an armed service absent voter's
ballot that
is
received | 881 |
|
after the close of the polls on election day through
the
tenth day
| 882 |
|
after the election day or, if the
election was a
presidential | 883 |
|
primary election, through the
twentieth day
after
the election | 884 |
|
day, and that
is
delivered in a return envelope that
indicates | 885 |
|
that the voter
will
be outside the United States on the
day of the | 886 |
|
election
shall be
counted on the eleventh day
after the
election | 887 |
|
day or, if the
election was a
presidential primary
election, on | 888 |
|
the twenty-first
day
after the election day, at the
office of the | 889 |
|
board of
elections in the manner provided in
divisions (C) and (D) | 890 |
|
of
section 3509.06 of the Revised Code.
However, if a
return | 891 |
|
envelope containing an armed service absent
voter's ballot
is so | 892 |
|
received and so indicates, but it is
postmarked, or
the | 893 |
|
identification envelope in it is signed, after
the close of the | 894 |
|
polls
on election day,
the armed service absent
voter's
ballot | 895 |
|
shall not be counted. | 896 |
(D) Armed(1) Except as otherwise provided in division (D)(2) | 897 |
|
of this section, any return envelope containing an armed service | 898 |
|
absent voter's ballot that is postmarked within the United States | 899 |
|
prior to the day of the election shall be delivered to the | 900 |
|
director prior to the eleventh day after the election. Armed | 901 |
|
service absent voter's ballots delivered in envelopes postmarked | 902 |
|
prior to the day of the election that are received after the close | 903 |
|
of the polls on election day through the tenth day thereafter | 904 |
|
shall be counted on the eleventh day at the board of elections in | 905 |
|
the manner provided in divisions (C) and (D) of section 3509.06 of | 906 |
|
the Revised Code. Any such ballots that are received by the | 907 |
|
director later than the tenth day following the election shall not | 908 |
|
be counted, but shall be kept by the board in the sealed | 909 |
|
identification envelopes as provided in division (A) of this | 910 |
|
section. | 911 |
| (1) Armed service absent voter's ballots
contained in return | 917 |
|
envelopes that bear the designation "Official
Election Armed | 918 |
|
Service Absent Voter's Ballots," that are received
by the director | 919 |
after the close of the polls on the day of the
election, and that | 920 |
do not indicate they are from voters who will
be outside the | 921 |
United States on the day of the election,
armed service absent | 922 |
voter's ballots contained in return
envelopes that
bear that | 923 |
designation, that
indicate that the voter
will be outside the | 924 |
United States on the
day of the election, and that
either
are | 925 |
|
postmarked, or
contain an identification envelope that is signed, | 926 |
on or
after the close
of the polls on the day
of election, and | 927 |
armedday; | 928 |
| (2) Armed
service absent
voter's ballots contained in return | 929 |
envelopes that
bear that
designation, that sodo not indicate they | 930 |
|
are from voters who will be outside the United States on the day | 931 |
|
of the election, and that are received
after the
tenth day | 932 |
|
following
the election or, if the election was
a
presidential | 933 |
primary
election, after the twentieth day following
the election, | 934 |
shall
not be
counted, but; | 935 |