As Reported by the House State Government and Elections Committee

127th General Assembly
Regular Session
2007-2008
Sub. H. B. No. 350


Representative Wolpert 

Cosponsors: Representatives Batchelder, Huffman, Evans, Peterson, Fende, Flowers, Williams, S., Webster, Bubp, Combs, Brown 

A BILL
To amend sections 3501.22 and 3503.01 of the Revised 1
Code to permit a student at an Ohio institution 2
of higher education to serve as a precinct 3
election official in the county where the student 4
attends school, to permit up to two high school 5
seniors to serve as precinct officers at a 6
polling place with six or more precinct officers, 7
and to permit a board of elections to assign 8
voters who reside in a political subdivision or 9
other district that includes territory in more 10
than one precinct to vote at a special election in 11
another precinct that includes the subdivision's 12
or district's territory.13


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

       Section 1. That sections 3501.22 and 3503.01 of the Revised 14
Code be amended to read as follows:15

       Sec. 3501.22.  (A) On or before the fifteenth day of 16
September in each year, the board of elections by a majority vote 17
shall, after careful examination and investigation as to their18
qualifications, appoint for each election precinct four residents 19
of the county in which the precinct is located, as judges. Except 20
as otherwise provided in division (C)(D) of this section, all 21
judges of election shall be qualified electors. The judges shall 22
constitute the election officers of the precinct. Not more than 23
one-half of the total number of judges shall be members of the 24
same political party. The term of such precinct officers shall be 25
for one year. The board may, at any time, designate any number of 26
election officers, not more than one-half of whom shall be members 27
of the same political party, to perform their duties at any 28
precinct in any election. The board may appoint additional29
officials, equally divided between the two major political30
parties, when necessary to expedite voting.31

       Vacancies for unexpired terms shall be filled by the board. 32
When new precincts have been created, the board shall appoint33
judges for those precincts for the unexpired term. Any judge may34
be summarily removed from office at any time by the board for35
neglect of duty, malfeasance, or misconduct in office or for any36
other good and sufficient reason.37

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

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

       The board shall designate one of the precinct election 50
officials who is a member of the dominant political party to serve51
as a presiding judge, whose duty it is to deliver the returns of 52
the election and all supplies to the office of the board. For 53
these services, the presiding judge shall receive additional 54
compensation in an amount, consistent with section 3501.28 of the 55
Revised Code, determined by the board of elections.56

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

       (B) A person who is currently enrolled as a student at an 60
institution of higher education located within Ohio and who is 61
registered to vote in Ohio may serve as a precinct election 62
official in either of the following locations:63

       (1) A precinct in the county in which the person is 64
registered to vote.65

       (2) A precinct in the county in which the institution of 66
higher education the person currently attends is located, if the 67
person can provide proof to the board of elections that the person 68
is currently enrolled at the institution of higher education.69

       As used in this division, "institution of higher education" 70
means a state institution of higher education, a private college, 71
university, or other postsecondary institution located in this 72
state that possesses a certificate of authorization issued by the 73
Ohio board of regents pursuant to Chapter 1713. of the Revised 74
Code or a certificate of registration issued by the state board of 75
career colleges and schools under Chapter 3332. of the Revised 76
Code.77

       (C) If the board of elections determines that not enough78
qualified electors in a precinct are available to serve as 79
precinct officers, it may appoint persons to serve as precinct 80
officers at a primary, special, or general election who are at 81
least seventeen years of age and are registered to vote in 82
accordance with section 3503.07 of the Revised Code. 83

       (C)(D)(1) A board of elections, in conjunction with the board 84
of education of a city, local, or exempted village school 85
district, the governing authority of a community school 86
established under Chapter 3314. of the Revised Code, or the chief 87
administrator of a nonpublic school may establish a program 88
permitting certain high school students to apply and, if appointed 89
by the board of elections, to serve as precinct officers at a 90
primary, special, or general election.91

       In addition to the requirements established by division 92
(C)(D)(2) of this section, a board of education, governing 93
authority, or chief administrator that establishes a program under 94
this division in conjunction with a board of elections may 95
establish additional criteria that students shall meet to be 96
eligible to participate in that program.97

       (2)(a) To be eligible to participate in a program established 98
under division (C)(D)(1) of this section, a student shall be a 99
United States citizen, a resident of the county, at least 100
seventeen years of age, and enrolled in the senior year of high 101
school.102

       (b) Any student applying to participate in a program 103
established under division (C)(D)(1) of this section, as part of 104
the student's application process, shall declare the student's 105
political party affiliation with the board of elections.106

       (3) No student appointed as a precinct officer pursuant to a 107
program established under division (C)(D)(1) of this section shall 108
be designated as a presiding judge.109

       (4) Any student participating in a program established under 110
division (C)(D)(1) of this section shall be excused for that 111
student's absence from school on the day of an election at which 112
the student is serving as a precinct officer.113

       (D)(E) In any precinct with six or more precinct officers, 114
up to two students participating in a program established under 115
division (D)(1) of this section who are under eighteen years of 116
age may serve as precinct officers. Not more than one precinct 117
officer in any given precinct with fewer than six precinct 118
officers shall be under eighteen years of age.119

       Sec. 3503.01. (A) Every citizen of the United States who is 120
of the age of eighteen years or over and who has been a resident 121
of the state thirty days immediately preceding the election at122
which the citizen offers to vote, is a resident of the county and 123
precinct in which the citizen offers to vote, and has been 124
registered to vote for thirty days, has the qualifications of an 125
elector and may vote at all elections in the precinct in which the 126
citizen resides.127

       (B) When only a portion of a precinct is included within the128
boundaries of a schoolan election district, the board of 129
elections may assign the electors residing in such portion of a 130
precinct to the nearest precinct or portion of a precinct within 131
the boundaries of such schoolelection district for the purpose of 132
voting at any special school election held in such school133
district. In any election in which only a part of the electors in 134
a precinct is qualified to vote, the board may assign voters in 135
such part to an adjoining precinct. Such assignment may be made to 136
an adjoining precinct in another county with the consent and 137
approval of the board of elections of such other county if the 138
number of voters assigned to vote in a precinct in another county 139
is two hundred or less.140

       The board shall notify all such electors so assigned, at141
least ten days prior to the holding of any such election, of the142
location of the polling place where they are entitled to vote at143
such election.144

       As used in division (B) of this section, "election district" 145
means a school district, municipal corporation, township, or other 146
political subdivision that includes territory in more than one 147
precinct or any other district or authority that includes 148
territory in more than one precinct and that is authorized by law 149
to place an issue on the ballot at a special election.150

       Section 2. That existing sections 3501.22 and 3503.01 of the 151
Revised Code are hereby repealed.152