| Section 1. That sections 3501.05, 3501.29, 3501.90, 3503.16, | 12 |
|
3504.04, 3505.03, 3505.181, 3505.182, 3505.20, 3509.01, 3509.02, | 13 |
|
3509.021, 3509.022, 3509.03, 3509.031, 3509.04, 3509.05, 3509.06, | 14 |
|
3509.07, 3509.08, 3509.09, 3511.01, 3511.02, 3511.03, 3511.04, | 15 |
|
3511.05, 3511.051, 3511.06, 3511.08, 3511.09, 3511.10, 3511.11, | 16 |
|
3511.12, 3511.13, 3513.052, 3513.15, 3513.30, 3515.01, 3517.08, | 17 |
|
3599.11, 3599.12, and 3599.21 of the Revised Code be amended to | 18 |
|
read as follows: | 19 |
| (B)
Issue instructions by directives and advisories to | 23 |
|
members
of
the boards as to the proper methods
of conducting | 24 |
|
elections. In addition to any other publication of those | 25 |
|
directives and advisories, the secretary of state shall publish | 26 |
|
those directives and advisories on a web site of the office of the | 27 |
|
secretary of state as soon as is practicable after they are | 28 |
|
issued, but not later than the close of business on the same day | 29 |
|
as a directive or advisory is issued. The secretary of state shall | 30 |
|
not remove from the web site any directives and advisories so | 31 |
|
posted. The secretary of state shall provide on that web site | 32 |
|
access to all directives and advisories currently in effect and | 33 |
|
maintain an archive of all directives and advisories previously | 34 |
|
published on that web site. | 35 |
| (2) On and after
August
24, 1995, report a failure to
comply | 73 |
|
with or a violation of a
provision in sections 3517.08 to 3517.13, | 74 |
|
3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the | 75 |
|
Revised
Code,
whenever the secretary of state has or should have | 76 |
|
knowledge of a
failure to comply with or a violation of a | 77 |
|
provision in one of
those sections,
by filing a complaint with the | 78 |
|
Ohio elections
commission under section
3517.153 of the Revised | 79 |
Code;. | 80 |
| (R) Prescribe a general program for registering voters or | 108 |
|
updating voter
registration information, such as name and | 109 |
|
residence changes, by boards of elections, designated
agencies,
| 110 |
|
offices of deputy
registrars of motor
vehicles, public high | 111 |
|
schools and vocational
schools, public
libraries, and offices
of | 112 |
|
county treasurers consistent with the
requirements of section | 113 |
|
3503.09 of the Revised Code; | 114 |
| (X) Ensure that all directives, advisories, other | 145 |
|
instructions, or decisions issued or made during or as a result of | 146 |
|
any conference or teleconference call with a board of elections to | 147 |
|
discuss the proper methods and procedures for conducting | 148 |
|
elections, to answer questions regarding elections, or to discuss | 149 |
|
the interpretation of directives, advisories, or other | 150 |
|
instructions issued by the secretary of state are posted on a web | 151 |
|
site of the office of the secretary of state as soon as is | 152 |
|
practicable after the completion of the conference or | 153 |
|
teleconference call, but not later than the close of business on | 154 |
|
the same day as the conference or teleconference call takes | 155 |
place.; | 156 |
| (Y) Publish a report on a web site of the office of the | 157 |
|
secretary of state not later than one month after the completion | 158 |
|
of the canvass of the election returns for each primary and | 159 |
general election, identifying, by county, the number of absent | 160 |
voter'searly voting ballots cast and the number of those ballots | 161 |
|
that were
counted, and the number of provisional ballots cast and | 162 |
|
the number
of those ballots that were counted, for that election. | 163 |
|
The
secretary of state shall maintain the information on the web | 164 |
site
in an archive format for each subsequent election.; | 165 |
| (BB) Disseminate information, which may include all or
part | 174 |
|
of the official explanations and arguments, by means of
direct | 175 |
|
mail or other written publication, broadcast, or other
means or | 176 |
|
combination of means, as directed by the Ohio ballot
board under | 177 |
|
division (F) of section 3505.062 of the Revised Code,
in order to | 178 |
|
inform the voters as fully as possible concerning
each proposed | 179 |
|
constitutional amendment, proposed law, or
referendum; | 180 |
| Whenever a primary election is held under section 3513.32 of | 182 |
|
the Revised Code
or a special
election is held under section | 183 |
|
3521.03 of the Revised Code to fill a vacancy
in the office of | 184 |
|
representative to congress, the secretary of state shall establish | 185 |
|
a deadline,
notwithstanding any other deadline required under the | 186 |
|
Revised
Code, by which any or all of the following shall occur: | 187 |
|
the filing
of a declaration of candidacy and petitions or a | 188 |
|
statement of candidacy and
nominating petition together with the | 189 |
|
applicable filing fee; the filing of
protests against the | 190 |
|
candidacy of any person filing a declaration of candidacy
or | 191 |
|
nominating petition; the filing of a declaration of intent to be a | 192 |
|
write-in
candidate; the filing of campaign finance reports; the | 193 |
|
preparation of, and the
making of corrections or challenges to, | 194 |
|
precinct voter registration lists; the
receipt of applications for | 195 |
absent voter'searly voting ballots or armed service absent | 196 |
voter'searly voting ballots;
the supplying of election materials | 197 |
|
to precincts by boards of
elections; the holding of hearings by | 198 |
|
boards of elections to
consider
challenges to the right of a | 199 |
|
person to appear on a voter
registration list;
and the scheduling | 200 |
|
of programs to instruct or
reinstruct election officers. | 201 |
| In the performance of the
secretary of state's
duties as the | 202 |
|
chief election officer, the secretary of state may
administer | 203 |
|
oaths, issue
subpoenas, summon witnesses, compel the
production of | 204 |
|
books,
papers, records, and other evidence, and fix
the time and | 205 |
|
place
for hearing any matters relating to the
administration and | 206 |
|
enforcement of the election laws. | 207 |
| The secretary of state may apply to any court that is
hearing | 220 |
|
a case in which the secretary of state is a party, for a
change of | 221 |
|
venue as a
substantive right, and
the change of venue shall
be | 222 |
|
allowed, and
the case removed to the
court of common pleas
of an | 223 |
|
adjoining county
named in the application or,
if there
are cases | 224 |
|
pending in
more than one jurisdiction that
involve the
same or | 225 |
|
similar
issues,
the court of common pleas of
Franklin county. | 226 |
| Sec. 3501.29. (A) The board of elections shall provide
for | 231 |
|
each precinct a polling place and provide adequate facilities
at | 232 |
|
each polling place for conducting the election. The board
shall | 233 |
|
provide a sufficient number of screened or curtained voting | 234 |
|
compartments to which electors may retire and conveniently mark | 235 |
|
their ballots, protected from the observation of others. Each | 236 |
|
voting compartment shall be provided at all times with writing | 237 |
|
implements, instructions how to vote, and other
necessary | 238 |
|
conveniences for marking the ballot. The presiding judge shall | 239 |
|
ensure that the voting compartments at all times are adequately | 240 |
|
lighted and contain the necessary supplies. The board shall | 241 |
|
utilize, in so far as practicable, rooms in public schools and | 242 |
|
other public buildings for polling places. Upon application of
the | 243 |
|
board of elections, the authority which has the control of
any | 244 |
|
building or grounds supported by taxation under the laws of
this | 245 |
|
state, shall make available the necessary space therein for
the | 246 |
|
purpose of holding elections and adequate space for the
storage of | 247 |
|
voting machines, without charge for the use thereof.
A reasonable | 248 |
|
sum may be paid for necessary janitorial service.
When polling | 249 |
|
places are established in private buildings, the
board may pay a | 250 |
|
reasonable rental therefor, and also the cost of
liability | 251 |
|
insurance covering the premises when used for election
purposes, | 252 |
|
or the board may purchase a single liability policy
covering the | 253 |
|
board and the owners of the premises when used for
election | 254 |
|
purposes. When removable buildings are supplied by the
board, they | 255 |
|
shall be constructed under the contract let to the
lowest and best | 256 |
|
bidder, and the board shall observe all
ordinances and regulations | 257 |
|
then in force as to safety. The board
shall remove all such | 258 |
|
buildings from streets and other public
places within thirty days | 259 |
|
after an election, unless another
election is to be held within | 260 |
|
ninety days. | 261 |
| (C) At any polling place that is exempted
from compliance by | 280 |
|
the secretary of state, the board of elections
shall permit any | 281 |
|
handicapped elector who travels to that elector's
polling
place, | 282 |
|
but who is unable to enter the polling place, to vote,
with the | 283 |
|
assistance of two polling place officials of major
political | 284 |
|
parties, in the vehicle that conveyed that elector to the
polling | 285 |
|
place, or to receive and cast that elector's ballot at the
door of | 286 |
|
the polling place. | 287 |
| (a) Any of the following types of conduct in or about a | 312 |
|
polling place or a place of registration or election: obstructing | 313 |
|
access of an elector to a polling place; another improper practice | 314 |
|
or attempt tending to obstruct, intimidate, or interfere with an | 315 |
|
elector in registering or voting at a place of registration or | 316 |
|
election; molesting or otherwise engaging in violence against | 317 |
|
observers in the performance of their duties at a place of | 318 |
|
registration or election; or participating in a riot, violence, | 319 |
|
tumult, or disorder in and about a place of registration or | 320 |
|
election; | 321 |
| (B) An elector who has experienced harassment in violation of | 329 |
|
the election law has a cause of action against each person that | 330 |
|
committed the harassment in violation of the election law. In any | 331 |
|
civil action based on this cause of action, the elector may seek a | 332 |
|
declaratory judgment, an injunction, or other appropriate | 333 |
|
equitable relief. The civil action may be commenced by an elector | 334 |
|
who has experienced harassment in violation of the election law | 335 |
|
either alone or as a party to a class action under Civil Rule 23. | 336 |
|
(2) If the harassment in violation of the election law | 341 |
|
involved intentional or reckless threatening or causing of bodily | 342 |
|
harm to the elector while the elector was attempting to register | 343 |
to vote, to obtain an absent voter'searly voting ballot, or to | 344 |
|
vote, the elector may seek, in a civil action based on the cause | 345 |
|
of action created by division (B) of this section, monetary | 346 |
|
damages as prescribed in this division. The civil action may be | 347 |
|
commenced by the elector who has experienced harassment in | 348 |
|
violation of the election law either alone or as a party to a | 349 |
|
class action under Civil Rule 23. Upon proof by a preponderance of | 350 |
|
the evidence in the civil action that the harassment in violation | 351 |
|
of the election law involved intentional or reckless threatening | 352 |
|
or causing of bodily harm to the elector, the trier of fact shall | 353 |
|
award the elector the greater of three times of the amount of the | 354 |
|
elector's actual damages or one thousand dollars. The court also | 355 |
|
shall award a prevailing elector reasonable attorney's fees and | 356 |
|
court costs. | 357 |
|
(3) Whether a civil action on the cause of action created by | 358 |
|
division (B) of this section is commenced by an elector who has | 359 |
|
experienced harassment in violation of the election law alone or | 360 |
|
as a party to a class action under Civil Rule 23, if the defendant | 361 |
|
in the action is an organization that has previously been | 362 |
|
determined in a court of this state to have engaged in harassment | 363 |
|
in violation of the election law, the elector may seek an order of | 364 |
|
the court granting any of the following forms of relief upon proof | 365 |
|
by a preponderance of the evidence: | 366 |
|
(E) In a civil action based on the cause of action created by | 386 |
|
division (B) of this section, whether commenced by an elector who | 387 |
|
has experienced harassment in violation of the election law alone | 388 |
|
or as a party to a class action under Civil Rule 23, the elector | 389 |
|
may name as defendants each individual who engaged in conduct | 390 |
|
constituting harassment in violation of the election law as well | 391 |
|
as any person that employs, sponsors, or uses as an agent any such | 392 |
|
individual or that has organized a common scheme to cause | 393 |
|
harassment in violation of the election law. | 394 |
| Sec. 3503.16. (A) Whenever a registered elector changes
the | 395 |
|
place of residence of that registered elector
from one precinct to | 396 |
|
another within a
county or from one county to another, or has a | 397 |
|
change
of name, that registered elector shall report the change
by | 398 |
|
delivering a change of residence or
change of name form, whichever | 399 |
|
is appropriate, as prescribed by
the secretary of state under | 400 |
|
section 3503.14 of the Revised Code
to the state or local office | 401 |
|
of a designated agency, a public high
school or vocational school, | 402 |
|
a public library, the office of the county
treasurer, the office | 403 |
|
of the secretary of state, any office of the registrar or deputy | 404 |
|
registrar of motor vehicles, or any office of a board of
elections | 405 |
|
in person or by
a third person. Any voter registration, change of | 406 |
|
address, or change of
name application, returned by mail, may be | 407 |
|
sent only to the secretary of state
or the board of elections. | 408 |
| (B)(1)(a) Any registered elector who moves within a precinct | 415 |
|
on
or prior to the day of a general, primary, or special election | 416 |
|
and has not
filed a notice of change of residence with the board | 417 |
|
of elections may vote in that election by going to
that registered | 418 |
|
elector's assigned polling place, completing and signing a
notice | 419 |
|
of change of residence, showing identification in the form of a | 420 |
|
current and valid photo identification, a military identification | 421 |
|
that shows the voter's name and current address, or a copy of a | 422 |
|
current utility bill, bank statement, government check, paycheck, | 423 |
|
or other government document, other than a notice of an election | 424 |
|
mailed by a board of elections under section 3501.19 of the | 425 |
|
Revised Code or a notice of voter registration mailed by a board | 426 |
|
of elections under section 3503.19 of the Revised Code, that shows | 427 |
|
the name and current address of the elector, and
casting a ballot. | 428 |
|
If the elector provides either a driver's license or a state | 429 |
|
identification card issued under section 4507.50 of the Revised | 430 |
|
Code that does not contain the elector's current residence | 431 |
|
address, the elector shall provide the last four digits of the | 432 |
|
elector's driver's license number or state identification card | 433 |
|
number, and the precinct election official shall mark the poll | 434 |
|
list or signature pollbook to indicate that the elector has | 435 |
|
provided a driver's license or state identification card number | 436 |
|
with a former address and record the last four digits of the | 437 |
|
elector's driver's license number or state identification card | 438 |
|
number. | 439 |
| (b) Any registered elector who changes the name of that | 440 |
|
registered elector and remains within a precinct on or prior to | 441 |
|
the day of a general, primary, or special election and has not | 442 |
|
filed a notice of change of name with the board of elections may | 443 |
|
vote in that election by going to that registered elector's | 444 |
|
assigned polling place, completing and signing a notice of a | 445 |
|
change of name, and casting a provisional ballot under section | 446 |
|
3505.181 of the Revised Code. | 447 |
| (2) Any registered elector who moves
from one precinct to | 448 |
|
another within a county or moves from one precinct to
another and | 449 |
|
changes the name of that registered
elector on or prior to the day | 450 |
|
of a general, primary, or special election
and has not filed a | 451 |
|
notice of change of residence or change of
name, whichever is | 452 |
|
appropriate, with the board of elections may
vote in that election | 453 |
|
if that registered elector complies with
division (G) of this | 454 |
|
section or does all of the following: | 455 |
| (a) Appears at anytime during
regular business hours
on or | 456 |
|
after the twenty-eighth day
prior to the
election in which that | 457 |
|
registered elector wishes to vote or,
if the election is held
on | 458 |
|
the day of a presidential primary election, the twenty-fifth
day | 459 |
|
prior to the election, through noon of the Saturday prior to
the | 460 |
|
election at the office of the board of elections, appears at any | 461 |
|
time during regular business hours on the Monday prior
to the | 462 |
|
election at the office of the board of elections, or
appears on | 463 |
|
the day of the election at either of the following
locations: | 464 |
| (b) Completes and signs, under penalty of election | 472 |
|
falsification, a notice of change of residence or change of name, | 473 |
|
whichever is appropriate, and files it with election officials at | 474 |
|
the polling place, at the office of the board of elections, or, if | 475 |
|
pursuant to division (C) of section 3501.10 of the Revised Code | 476 |
|
the board has designated another location in the county at which | 477 |
|
registered electors may vote, at that other location instead of | 478 |
|
the office of the board of elections, whichever is appropriate; | 479 |
| (c) Votes a provisional ballot under section 3505.181 of the | 480 |
|
Revised Code at the polling place, at the office of the board
of | 481 |
|
elections, or, if pursuant to division (C) of section 3501.10 of | 482 |
|
the Revised Code the board has designated another location in the | 483 |
|
county at which registered electors may vote, at that other | 484 |
|
location instead of the office of the board of elections, | 485 |
|
whichever
is appropriate, using the address to
which that | 486 |
|
registered elector has moved or
the name of that registered | 487 |
|
elector as changed, whichever is
appropriate; | 488 |
| (d) Completes and signs, under penalty of election | 489 |
|
falsification, a statement attesting that that registered
elector | 490 |
|
moved or had a change of name, whichever
is appropriate, on or | 491 |
|
prior to the day of the
election, has voted a provisional ballot | 492 |
|
at the polling place in the precinct in
which that registered | 493 |
|
elector resides, at the office of the
board of elections, or, if | 494 |
|
pursuant to division (C) of section 3501.10 of the Revised Code | 495 |
|
the board has designated another location in the county at which | 496 |
|
registered electors may vote, at that other location instead of | 497 |
|
the office of the board of elections, whichever is appropriate, | 498 |
|
and will not vote or attempt to vote at any other
location for | 499 |
|
that particular election. The statement required
under division | 500 |
|
(B)(2)(d) of this section shall be included on
the
notice of | 501 |
|
change of residence or change of name, whichever is
appropriate, | 502 |
|
required under division (B)(2)(b) of this section. | 503 |
| (1) Appears at any time during regular
business
hours on or | 510 |
|
after the
twenty-eighth day prior to
the election in which that | 511 |
|
registered elector wishes to vote
or, if the election is
held on | 512 |
|
the day of a presidential primary election, the
twenty-fifth day | 513 |
|
prior to the election, through noon of the
Saturday prior to the | 514 |
|
election at the office of the board of elections or, if pursuant | 515 |
|
to division (C) of section 3501.10 of the Revised Code the board | 516 |
|
has designated another location in the county at which registered | 517 |
|
electors may vote, at that other location instead of the office of | 518 |
|
the board of elections, appears during regular business hours
on | 519 |
|
the Monday prior to the election at the office of the board of | 520 |
|
elections or, if pursuant to division (C) of section 3501.10 of | 521 |
|
the Revised Code the board has designated another location in the | 522 |
|
county at which registered electors may vote, at that other | 523 |
|
location instead of the office of the board of elections, or | 524 |
|
appears on the day of the
election at the
office of the board of | 525 |
|
elections or, if pursuant to division (C) of section 3501.10 of | 526 |
|
the Revised Code the board has designated another location in the | 527 |
|
county at which registered electors may vote, at that other | 528 |
|
location instead of the office of the board of elections; | 529 |
| (4) Completes and signs, under penalty of election | 544 |
|
falsification, a statement attesting that that registered
elector | 545 |
|
has moved from one
county to another county within the state on or | 546 |
|
prior to the day
of the election, has voted at the office of the | 547 |
|
board of
elections or, if pursuant to division (C) of section | 548 |
|
3501.10 of the Revised Code the board has designated another | 549 |
|
location in the county at which registered electors may vote, at | 550 |
|
that other location instead of the office of the board of | 551 |
|
elections, and will not vote or attempt to vote at any
other | 552 |
|
location for that particular election. The statement
required | 553 |
|
under division (C)(4) of this section shall be included on
the | 554 |
|
notice of change of residence required under division (C)(2)
of | 555 |
|
this section. | 556 |
(D) A person who votes by absent voter'searly voting ballots | 557 |
|
pursuant
to division (G) of this
section shall not make written | 558 |
|
application for the ballots pursuant to Chapter 3509. of the | 559 |
|
Revised Code. Ballots cast pursuant to division (G) of
this | 560 |
|
section shall be set aside in a special envelope and counted | 561 |
|
during the official canvass of votes in the manner provided for
in | 562 |
|
sections 3505.32 and 3509.06 of the Revised Code insofar as
that | 563 |
|
manner is applicable. The board shall examine the pollbooks
to | 564 |
verify that no ballot was cast at the polls or by absent voter's | 565 |
| early voting ballots
under Chapter 3509. or 3511. of the Revised | 566 |
Code by an elector who
has voted by absent voter'searly voting | 567 |
|
ballots pursuant to division (G) of this section. Any ballot | 568 |
|
determined to
be insufficient
for any of the reasons stated above | 569 |
|
or stated in section 3509.07
of the Revised Code shall not be | 570 |
|
counted. | 571 |
| (E) Upon receiving a change of residence or change
of name | 576 |
|
form, the board of elections shall immediately send the registrant | 577 |
|
an
acknowledgment
notice. If the change of residence or change
of | 578 |
|
name form is valid, the board shall update the voter's | 579 |
|
registration as
appropriate. If that form is incomplete, the board | 580 |
|
shall inform the
registrant in the acknowledgment notice specified | 581 |
|
in this division of the
information necessary to complete or | 582 |
|
update that
registrant's registration. | 583 |
| (F) Change of residence and change of name forms shall be | 584 |
|
available at each polling place, and when these forms are | 585 |
|
completed, noting changes of residence or name, as appropriate, | 586 |
|
they shall be filed with election officials at the polling place. | 587 |
|
Election officials shall return completed forms, together with
the | 588 |
|
pollbooks and tally sheets, to the board of elections. | 589 |
| (G) A registered elector who otherwise would qualify to vote | 597 |
|
under division (B) or (C) of this section but is unable to
appear | 598 |
|
at the office of the board of elections or, if pursuant to | 599 |
|
division (C) of section 3501.10 of the Revised Code the board has | 600 |
|
designated another location in the county at which registered | 601 |
|
electors may vote, at that other location, on account of personal | 602 |
|
illness, physical disability, or
infirmity, may vote on the day of | 603 |
|
the election if that registered elector does
all of the following: | 604 |
| (1) Makes a written application that includes all of the | 605 |
|
information required under section 3509.03 of the Revised Code to | 606 |
the appropriate board for an absent
voter'searly voting ballot on | 607 |
|
or after the twenty-seventh day prior to
the election in which the | 608 |
|
registered elector wishes to vote through noon of
the Saturday | 609 |
prior to that election and requests that the absent
voter'searly | 610 |
|
voting ballot be sent to the address to which the registered | 611 |
|
elector has
moved if the registered elector has moved,
or to the | 612 |
|
address of that registered elector who has not moved
but has had a | 613 |
|
change of name; | 614 |
| (2) Declares that the registered elector has moved or had a | 615 |
|
change of
name, whichever is
appropriate, and otherwise is | 616 |
|
qualified to vote under the circumstances
described in division | 617 |
|
(B) or (C) of this section, whichever
is appropriate, but that the | 618 |
|
registered elector is unable to appear at the
board of elections | 619 |
|
because of personal illness, physical
disability, or infirmity; | 620 |
| (4) Completes and signs, under penalty of election | 625 |
|
falsification, a
statement attesting that the registered elector | 626 |
|
has moved or had a change of
name on or prior to the day before | 627 |
the election, has voted by absent voter'searly voting
ballot | 628 |
|
because
of personal illness, physical disability, or infirmity | 629 |
|
that prevented
the registered elector from appearing at the board | 630 |
|
of elections, and will not vote or attempt to vote at any other | 631 |
location or by absent voter'searly voting ballot mailed to any | 632 |
|
other location or address
for that particular election. | 633 |
| Sec. 3504.04. On or before election day, the director of the | 634 |
|
board of
elections shall deliver to the polling place a list of | 635 |
|
persons who have filed
certificates of intent to vote as former | 636 |
|
resident voters and who appear, from
their voting address, | 637 |
|
entitled to vote at such polling place. Those persons
whose names | 638 |
|
appear on the list of former resident voters, and who have | 639 |
|
otherwise complied with sections 3504.01 to 3504.06 of the Revised | 640 |
|
Code, shall
then be entitled to vote for presidential and | 641 |
|
vice-presidential electors only
at their polling place on election | 642 |
day or by absent voter'searly voting ballots.
Such voter who | 643 |
|
votes at that voter's polling place on election day
shall sign | 644 |
|
that voter's name in the poll book or poll list followed by, | 645 |
|
"Former Resident's Presidential Ballot." Qualified former | 646 |
residents shall be
entitled to cast absent voter'searly voting | 647 |
|
ballots for presidential and vice-presidential
electors. | 648 |
| Sec. 3505.03. On the office type ballot shall be printed
the | 649 |
|
names of all candidates for election to offices, except
judicial | 650 |
|
offices, who were nominated at the most recent
primary
election as | 651 |
|
candidates of a political party or who were
nominated
in | 652 |
|
accordance with section 3513.02 of the Revised Code,
and the
names | 653 |
|
of all candidates for election to offices who were
nominated
by | 654 |
|
nominating petitions, except candidates for judicial
offices,
for | 655 |
|
member of the state board of education, for member
of a board
of | 656 |
|
education, for municipal offices, and for township
offices. | 657 |
| The order in which the offices shall be listed on the
ballot | 667 |
|
shall be prescribed by, and certified to each board of
elections | 668 |
|
by, the secretary of state; provided that for state,
district, and | 669 |
|
county offices the order from top to bottom shall
be as follows: | 670 |
|
governor and lieutenant governor, attorney
general, auditor of | 671 |
|
state, secretary of state, treasurer of
state, United States | 672 |
|
senator, representative to congress, state
senator, state | 673 |
|
representative, county commissioner, county
auditor, prosecuting | 674 |
|
attorney, clerk of the court of common
pleas, sheriff, county | 675 |
|
recorder, county treasurer, county
engineer, and coroner. The | 676 |
|
offices of governor and lieutenant
governor shall be printed on | 677 |
|
the ballot in a manner that requires
a voter to cast one vote | 678 |
|
jointly for the candidates who have been
nominated by the same | 679 |
|
political party or petition. | 680 |
| The names of all candidates for an office shall be arranged | 681 |
|
in a group under the title of that office, and, except for | 682 |
absenteeearly voting ballots or when the number of candidates for | 683 |
|
a
particular
office is the same as the number of candidates to be | 684 |
|
elected for
that office, shall be rotated from one precinct to | 685 |
another. On
absenteeearly voting ballots, the names of all | 686 |
|
candidates for an
office shall
be arranged in a group under the | 687 |
|
title of that
office and shall be
so alternated that each name | 688 |
|
shall appear,
insofar as may be
reasonably possible, substantially | 689 |
|
an equal
number of times at the
beginning, at the end, and in each | 690 |
|
intermediate place, if any, of
the group in which such name | 691 |
|
belongs, unless the number of
candidates for a particular office | 692 |
|
is the same as the number of
candidates to be elected for that | 693 |
|
office. | 694 |
| The method of printing the ballots to meet the rotation | 695 |
|
requirement of this section shall be as follows:
the least
common | 696 |
|
multiple of the number of names in each of the several
groups of | 697 |
|
candidates shall be used, and the number of changes made
in the | 698 |
|
printer's forms in printing
the ballots shall
correspond
with
that | 699 |
|
multiple. The board of elections shall
number all
precincts in | 700 |
|
regular serial sequence. In the first
precinct, the
names of the | 701 |
|
candidates in each group shall be
listed in
alphabetical order. In | 702 |
|
each succeeding precinct, the
name in
each group
that is listed | 703 |
|
first in the preceding
precinct shall
be listed last, and the name | 704 |
|
of each candidate
shall be moved up
one place. In each precinct | 705 |
|
using paper
ballots, the printed
ballots shall then be assembled | 706 |
|
in tablets. | 707 |
| Under the name of each candidate nominated at a primary | 708 |
|
election and each candidate certified by a party committee to
fill | 709 |
|
a vacancy under section 3513.31 of the Revised Code shall be | 710 |
|
printed, in less prominent type face than that in which the | 711 |
|
candidate's name is printed, the name of the political party by | 712 |
|
which the candidate was nominated or certified.
Under the name of | 713 |
|
each candidate appearing on the ballot who filed a
nominating | 714 |
|
petition and requested a ballot designation as a nonparty | 715 |
|
candidate under
section 3513.257
of the Revised Code shall be | 716 |
|
printed, in less
prominent type face
than that
in which the | 717 |
|
candidate's name is
printed, the
designation of
"nonparty | 718 |
|
candidate." Under the name of each candidate appearing on the | 719 |
|
ballot who filed a nominating petition and requested a ballot | 720 |
|
designation as an other-party candidate under section 3513.257 of | 721 |
|
the Revised Code shall be printed, in less prominent type face | 722 |
|
than that in which the candidate's name is printed, the | 723 |
|
designation of "other-party candidate." No designation shall | 724 |
|
appear under the name of a candidate appearing on the ballot who | 725 |
|
filed a nominating petition and requested that no ballot | 726 |
|
designation appear under the candidate's name under section | 727 |
|
3513.257 of the Revised Code, or who filed a nominating petition | 728 |
|
and failed to request a ballot designation either as a nonparty | 729 |
|
candidate or as an other-party candidate under that section. | 730 |
| (5)(a) At the time that an individual casts a provisional | 836 |
|
ballot, the appropriate local election official shall give the | 837 |
|
individual written information that states that any individual who | 838 |
|
casts a provisional ballot will be able to ascertain under the | 839 |
|
system established under division (B)(5)(b) of this section | 840 |
|
whether the vote was counted, and, if the vote was not counted, | 841 |
|
the reason that the vote was not counted. | 842 |
| (b) The appropriate state or local election official shall | 843 |
|
establish a free access system, in the form of a toll-free | 844 |
|
telephone number, that any individual who casts a provisional | 845 |
|
ballot may access to discover whether the vote of that individual | 846 |
|
was counted, and, if the vote was not counted, the reason that the | 847 |
|
vote was not counted. The free access system established under | 848 |
|
this division also shall provide to an individual whose | 849 |
|
provisional ballot was not counted information explaining how that | 850 |
|
individual may contact the board of elections to register to vote | 851 |
|
or to resolve problems with the individual's voter registration. | 852 |
| The appropriate state or local election official shall | 853 |
|
establish and maintain reasonable procedures necessary to protect | 854 |
|
the security, confidentiality, and integrity of personal | 855 |
|
information collected, stored, or otherwise used by the free | 856 |
|
access system established under this division. Access to | 857 |
|
information about an individual ballot shall be restricted to the | 858 |
|
individual who cast the ballot. | 859 |
| (6) If, at the time that an individual casts a provisional | 860 |
|
ballot, the individual provides identification in the form of a | 861 |
|
current and valid photo identification, a military identification | 862 |
|
that shows the voter's name and current address, or a copy of a | 863 |
|
current utility bill, bank statement, government check, paycheck, | 864 |
|
or other government document, other than a notice of an election | 865 |
|
mailed by a board of elections under section 3501.19 of the | 866 |
|
Revised Code or a notice of voter registration mailed by a board | 867 |
|
of elections under section 3503.19 of the Revised Code, that shows | 868 |
|
the individual's name and current address, or provides the last | 869 |
|
four digits of the individual's social security number, or | 870 |
|
executes an affirmation that the elector does not have any of | 871 |
|
those forms of identification or the last four digits of the | 872 |
|
individual's social security number because the individual does | 873 |
|
not have a social security number, or declines to execute such an | 874 |
|
affirmation, the appropriate local election official shall record | 875 |
|
the type of identification provided, the social security number | 876 |
|
information, the fact that the affirmation was executed, or the | 877 |
|
fact that the individual declined to execute such an affirmation | 878 |
|
and include that information with the transmission of the ballot | 879 |
|
or voter or address information under division (B)(3) of this | 880 |
|
section. If the individual declines to execute such an | 881 |
|
affirmation, the appropriate local election official shall record | 882 |
|
the individual's name and include that information with the | 883 |
|
transmission of the ballot under division (B)(3) of this section. | 884 |
| (7) If an individual casts a provisional ballot pursuant to | 885 |
|
division (A)(3), (7), (8), (12), or (13) of this section, the | 886 |
|
election official shall indicate, on the provisional ballot | 887 |
|
verification statement required under section 3505.182 of the | 888 |
|
Revised Code, that the individual is required to provide | 889 |
|
additional information to the board of elections or that an | 890 |
|
application or challenge hearing has been postponed with respect | 891 |
|
to the individual, such that additional information is required | 892 |
|
for the board of elections to determine the eligibility of the | 893 |
|
individual who cast the provisional ballot. | 894 |
| (i) Provide to the board of elections proof of the | 905 |
|
individual's identity in the form of a current and valid photo | 906 |
|
identification, a military identification that shows the voter's | 907 |
|
name and current address, or a copy of a current utility bill, | 908 |
|
bank statement, government check, paycheck, or other government | 909 |
|
document, other than a notice of an election mailed by a board of | 910 |
|
elections under section 3501.19 of the Revised Code or a notice of | 911 |
|
voter registration mailed by a board of elections under section | 912 |
|
3503.19 of the Revised Code, that shows the individual's name and | 913 |
|
current address; | 914 |
| (C)(1) If an individual declares that the individual is | 928 |
|
eligible to vote in a jurisdiction other than the jurisdiction in | 929 |
|
which the individual desires to vote, or if, upon review of the | 930 |
|
precinct voting location guide using the residential street | 931 |
|
address provided by the individual, an election official at the | 932 |
|
polling place at which the individual desires to vote determines | 933 |
|
that the individual is not eligible to vote in that jurisdiction, | 934 |
|
the election official shall direct the individual to the polling | 935 |
|
place for the jurisdiction in which the individual appears to be | 936 |
|
eligible to vote, explain that the individual may cast a | 937 |
|
provisional ballot at the current location but the ballot will not | 938 |
|
be counted if it is cast in the wrong precinct, and provide the | 939 |
|
telephone number of the board of elections in case the individual | 940 |
|
has additional questions. | 941 |
| I understand that, if the above-provided information is not | 1003 |
|
fully completed and correct, if the board of elections determines | 1004 |
|
that I am not registered to vote, a resident of this precinct, or | 1005 |
|
eligible to vote in this election, or if the board of elections | 1006 |
|
determines that I have already voted in this election, my | 1007 |
|
provisional ballot will not be counted. I further understand that | 1008 |
|
knowingly providing false information is a violation of law and | 1009 |
|
subjects me to possible criminal prosecution. | 1010 |
| ...... The provisional voter provided a military | 1055 |
|
identification that shows the voter's name and current address or | 1056 |
|
a copy of a current utility bill, bank statement, government | 1057 |
|
check, paycheck, or other government document, other than a notice | 1058 |
|
of an election mailed by a board of elections under section | 1059 |
|
3501.19 of the Revised Code or a notice of voter registration | 1060 |
|
mailed by a board of elections under section 3503.19 of the | 1061 |
|
Revised Code, with the voter's name and current address. | 1062 |
| ...... The provisional voter is not able to provide a current | 1065 |
|
and valid photo identification, a military identification that | 1066 |
|
shows the voter's name and current address, or a copy of a current | 1067 |
|
utility bill, bank statement, government check, paycheck, or other | 1068 |
|
government document, other than a notice of an election mailed by | 1069 |
|
a board of elections under section 3501.19 of the Revised Code or | 1070 |
|
a notice of voter registration mailed by a board of elections | 1071 |
|
under section 3503.19 of the Revised Code, with the voter's name | 1072 |
|
and current address but does have one of these forms of | 1073 |
|
identification. The provisional voter must provide one of the | 1074 |
|
foregoing items of identification to the board of elections within | 1075 |
|
ten days after the election. | 1076 |
| ..... The provisional voter is not able to provide a current | 1077 |
|
and valid photo identification, a military identification that | 1078 |
|
shows the voter's name and current address, or a copy of a current | 1079 |
|
utility bill, bank statement, government check, paycheck, or other | 1080 |
|
government document, other than a notice of an election mailed by | 1081 |
|
a board of elections under section 3501.19 of the Revised Code or | 1082 |
|
a notice of voter registration mailed by a board of elections | 1083 |
|
under section 3503.19 of the Revised Code, with the voter's name | 1084 |
|
and current address but does have one of these forms of | 1085 |
|
identification. Additionally, the provisional voter does have a | 1086 |
|
social security number but is not able to provide the last four | 1087 |
|
digits of the voter's social security number before voting. The | 1088 |
|
provisional voter must provide one of the foregoing items of | 1089 |
|
identification or the last four digits of the voter's social | 1090 |
|
security number to the board of elections within ten days after | 1091 |
|
the election. | 1092 |
| ..... The provisional voter does not have a current and valid | 1093 |
|
photo identification, a military identification that shows the | 1094 |
|
voter's name and current address, a copy of a current utility | 1095 |
|
bill, bank statement, government check, paycheck, or other | 1096 |
|
government document with the voter's name and current address, or | 1097 |
|
a social security number, but has executed an affirmation. | 1098 |
| ..... The provisional voter does not have a current and valid | 1099 |
|
photo identification, a military identification that shows the | 1100 |
|
voter's name and current address, a copy of a current utility | 1101 |
|
bill, bank statement, government check, paycheck, or other | 1102 |
|
government document with the voter's name and current address, or | 1103 |
|
a social security number, and has declined to execute an | 1104 |
|
affirmation. | 1105 |
| ..... The provisional voter declined to provide a current and | 1106 |
|
valid photo identification, a military identification that shows | 1107 |
|
the voter's name and current address, a copy of a current utility | 1108 |
|
bill, bank statement, government check, paycheck, or other | 1109 |
|
government document with the voter's name and current address, or | 1110 |
|
the last four digits of the voter's social security number but | 1111 |
|
does have one of these forms of identification or a social | 1112 |
|
security number. The provisional voter must provide one of the | 1113 |
|
foregoing items of identification or the last four digits of the | 1114 |
|
voter's social security number to the board of elections within | 1115 |
|
ten days after the election. | 1116 |
| Sec. 3505.20. Any person offering to vote may be
challenged | 1128 |
|
at the polling place by any judge of
elections. If the board of | 1129 |
|
elections has ruled on the question
presented by a challenge prior | 1130 |
|
to election day, its finding and
decision shall be final, and the | 1131 |
|
presiding judge shall be notified
in writing. If the board has not | 1132 |
|
ruled, the question shall be
determined as set forth in this | 1133 |
|
section. If any person is so
challenged as unqualified to vote, | 1134 |
|
the presiding judge shall
tender the person the following oath: | 1135 |
|
"You do swear or
affirm under penalty of election falsification | 1136 |
|
that you
will fully and truly answer all of the following | 1137 |
|
questions put to
you concerning your qualifications as
an elector | 1138 |
|
at this election." | 1139 |
| If the person offering to vote claims to be a naturalized | 1148 |
|
citizen of the United States, the person shall, before the
vote is | 1149 |
|
received, produce for inspection of the judges a
certificate of | 1150 |
|
naturalization and declare under oath that the
person is the | 1151 |
|
identical person named in the certificate. If the person
states | 1152 |
|
under
oath that, by
reason of the naturalization of the person's | 1153 |
|
parents or one
of them, the person has become a citizen of the | 1154 |
|
United
States, and when or where the person's parents were | 1155 |
|
naturalized, the certificate of naturalization need
not be | 1156 |
|
produced. If the person is unable to provide a certificate of | 1157 |
|
naturalization on the day of the election, the judges shall | 1158 |
|
provide to the person, and the person may vote, a provisional | 1159 |
|
ballot under section 3505.181 of the Revised Code. The provisional | 1160 |
|
ballot shall not be counted unless it is properly completed and | 1161 |
|
the board of elections determines that the voter is properly | 1162 |
|
registered and eligible to vote in the election. | 1163 |
| The judges shall direct an individual who is not in the | 1203 |
|
appropriate polling place to the appropriate polling place. If the | 1204 |
|
individual refuses to go to the appropriate polling place, or if | 1205 |
|
the judges are unable to verify the person's eligibility to cast a | 1206 |
|
ballot in the election, the judges shall provide to the person, | 1207 |
|
and the person may vote, a provisional ballot under section | 1208 |
|
3505.181 of the Revised Code. The provisional ballot shall not be | 1209 |
|
counted unless it is properly completed and the board of elections | 1210 |
|
determines that the voter is properly registered and eligible to | 1211 |
|
vote in the election. | 1212 |
| The presiding judge shall put such other questions to the | 1227 |
|
person challenged as are necessary to determine the person's | 1228 |
|
qualifications as an
elector at the election. If a person | 1229 |
|
challenged refuses to
answer fully any question put to the person, | 1230 |
|
is unable to
answer the
questions as they were answered on the | 1231 |
|
registration form by the
person under whose name the person offers | 1232 |
|
to vote, or refuses to
sign the person's name or make the
person's | 1233 |
|
mark, or if for any other reason a majority of
the judges believes | 1234 |
|
the person is not entitled to vote, the
judges shall
provide to | 1235 |
|
the person, and the person may vote, a provisional ballot under | 1236 |
|
section 3505.181 of the Revised Code. The provisional ballot shall | 1237 |
|
not be counted unless it is properly completed and the board of | 1238 |
|
elections determines that the voter is properly registered and | 1239 |
|
eligible to vote in the election. | 1240 |
| However, prior to the nineteenth day before the day of an | 1245 |
|
election and in accordance
with section 3503.24 of the Revised | 1246 |
|
Code, any person qualified to
vote may challenge the right of any | 1247 |
|
other person to be registered
as a voter, or the right to cast an | 1248 |
absent voter'searly voting ballot, or to
make application for | 1249 |
|
such ballot. Such challenge shall be made
in accordance with | 1250 |
|
section 3503.24 of the Revised Code, and the
board of elections of | 1251 |
|
the county in which the voting residence of
the challenged voter | 1252 |
|
is situated shall make a final determination
relative to the | 1253 |
|
legality of such registration or application. | 1254 |
| Sec. 3509.01. The board of elections of each county shall | 1255 |
provide absent voter'searly voting ballots for use at every | 1256 |
|
primary and
general election, or special election to be held on | 1257 |
|
the day
specified by division (E) of section 3501.01 of the | 1258 |
|
Revised Code
for the holding of a primary election, designated by | 1259 |
|
the general
assembly for the purpose of submitting constitutional | 1260 |
|
amendments
proposed by the general assembly to the voters of the | 1261 |
|
state.
Those ballots shall be the same size, shall be printed on | 1262 |
|
the same
kind of paper, and
shall be in the same form as has been | 1263 |
|
approved
for use
at the election for which
those ballots are to be | 1264 |
|
voted;
except
that, in counties using marking devices, ballot | 1265 |
cards may
be used
for absent voter'searly voting ballots, and
| 1266 |
those
absentearly voters shall
be
instructed to record the vote | 1267 |
|
in the manner
provided on the
ballot cards.
In counties where | 1268 |
punch card
ballots are used,
those absentearly voters shall be | 1269 |
|
instructed to
examine their
marked
ballot cards and to remove any | 1270 |
|
chads that
remain partially
attached to them before returning them | 1271 |
|
to
election officials. | 1272 |
| The rotation of names of candidates and questions and
issues | 1273 |
shall be substantially complied with
on absent voter'searly | 1274 |
|
voting ballots,
within the limitation of time
allotted.
Those | 1275 |
ballots shall
be
designated as "Absent Voter'sEarly Voting | 1276 |
|
Ballots" and shall be printed and
ready for use on the | 1277 |
|
thirty-fifth day before the day of the
election, except that
those | 1278 |
|
ballots shall be printed and
ready
for use on the twenty-fifth
day | 1279 |
|
before the day of a
presidential
primary election. | 1280 |
Absent voter'sEarly voting ballots provided for use at a | 1281 |
|
general or
primary election, or special election to be held on the | 1282 |
|
day
specified by division (E) of section 3501.01 of the Revised | 1283 |
|
Code
for the holding of a primary election, designated by the | 1284 |
|
general
assembly for the purpose of submitting constitutional | 1285 |
|
amendments
proposed by the general assembly to the voters of the | 1286 |
|
state,
shall
include only
those questions, issues, and candidacies
| 1287 |
|
that
have
been lawfully ordered submitted to the electors voting | 1288 |
|
at
that
election. | 1289 |
| (B) Any qualified elector who is unable to appear at the | 1302 |
|
office of the board of elections or, if pursuant to division (C) | 1303 |
|
of section 3501.10 of the Revised Code the board has designated | 1304 |
|
another location in the county at which registered electors may | 1305 |
|
vote, at that other location on account of personal illness, | 1306 |
|
physical disability, or infirmity, and who moves from one precinct | 1307 |
|
to
another within a county, changes
the elector's name
and moves | 1308 |
|
from one precinct to another
within a county, or moves from one | 1309 |
|
county to another county within the state,
on or
prior to the day | 1310 |
|
of a general, primary, or special election and
has not
filed a | 1311 |
notice of change of residence or change of name
may vote by absent | 1312 |
voter'searly voting ballots in that election as specified
in | 1313 |
|
division (G)
of section 3503.16 of the Revised Code. | 1314 |
(3)(c) A copy of the elector's current and valid photo | 1341 |
|
identification, a copy of a military identification that shows the | 1342 |
|
elector's name and current address, or a copy of a current utility | 1343 |
|
bill, bank statement, government check, paycheck, or other | 1344 |
|
government document, other than a notice of an election mailed by | 1345 |
|
a board of elections under section 3501.19 of the Revised Code or | 1346 |
|
a notice of voter registration mailed by a board of elections | 1347 |
|
under section 3503.19 of the Revised Code, that shows the name and | 1348 |
|
address of the elector. | 1349 |
|
Early voting
ballots shall be sent to the voter for use at | 1365 |
|
the primary and
general elections in that year and any special | 1366 |
|
election to be
held on the day in that year specified by division | 1367 |
|
(E) of section
3501.01 of the Revised Code for the holding of a | 1368 |
|
primary
election, designated by the general assembly for the | 1369 |
|
purpose of
submitting constitutional amendments proposed by the | 1370 |
|
general
assembly to the voters of the state unless the voter | 1371 |
|
reports a
change in the voter's voting status to the board of | 1372 |
|
elections or the voter's intent to vote in any such election
in | 1373 |
|
the precinct in this state
where the voter is registered to vote. | 1374 |
|
A single federal postcard application
shall be
processed by the | 1375 |
|
board of elections pursuant to section 3509.04
of the Revised Code | 1376 |
the same as if the voter had applied
separately for absent voter's | 1377 |
early voting ballots for each election. When
mailing absent | 1378 |
voter'searly voting ballots to a voter who applied for them by | 1379 |
|
single federal post card application, the board shall enclose | 1380 |
|
notification to the voter that the voter must report to the
board | 1381 |
|
subsequent changes in the voter's voting status or
the voter's | 1382 |
|
subsequent intent
to vote in any such election in the precinct in | 1383 |
|
this state where
the voter is registered to vote. Such | 1384 |
|
notification shall be
in a form
prescribed by the secretary of | 1385 |
|
state. As used in this section,
"voting status" means the voter's | 1386 |
name at the time the voter
applied for
absent voter'sabsentee | 1387 |
|
ballots by single federal post card application
and the voter's | 1388 |
|
address outside the United States to which the
voter requested | 1389 |
|
that those ballots be sent. | 1390 |
(C) Each application for absent voter'searly voting ballots | 1391 |
|
shall be
delivered to the director not earlier than the first day | 1392 |
of
January of the year of the elections for which the absent | 1393 |
voter's
ballots are requested or not earlier than ninety days | 1394 |
|
before the
day of the election at which the ballots are to be | 1395 |
|
voted,
whichever is earlier, and not later than twelve noon of the | 1396 |
|
third
day before the day of the election at which the ballots are | 1397 |
|
to
be voted, or not later than the close of regular business hours | 1398 |
|
on
the day before the day of the election at which the ballots are | 1399 |
|
to be voted if
the application is delivered in person to the | 1400 |
|
office of the board. | 1401 |
| Sec. 3509.031. (A) Any qualified elector who is a member of | 1402 |
|
the organized militia called to active duty within the state and | 1403 |
|
who will be unable to vote on election day on account of
that | 1404 |
active duty may make written application for absent voter'searly | 1405 |
|
voting
ballots to the director of elections for the county in | 1406 |
|
which the
elector's voting residence is located. The elector may | 1407 |
|
personally
deliver the application to the director or may mail it, | 1408 |
|
send it by facsimile
machine, or otherwise send it to
the | 1409 |
|
director. The application need not be in any particular
form but | 1410 |
|
shall contain all of the following: | 1411 |
| (c) A copy of the elector's current and valid photo | 1420 |
|
identification, a copy of a military identification that shows the | 1421 |
|
elector's name and current address, or a copy of a current utility | 1422 |
|
bill, bank statement, government check, paycheck, or other | 1423 |
|
government document, other than a notice of an election mailed by | 1424 |
|
a board of elections under section 3501.19 of the Revised Code or | 1425 |
|
a notice of voter registration mailed by a board of elections | 1426 |
|
under section 3503.19 of the Revised Code, that shows the name and | 1427 |
|
address of the elector. | 1428 |
(B) Application to have absent voter'searly voting ballots | 1442 |
|
mailed or sent by facsimile machine to
a qualified elector who is | 1443 |
|
a member of the organized militia called to active duty within the | 1444 |
|
state and who will be unable to vote on election day on account of | 1445 |
|
that active duty may be made by the spouse of the militia member | 1446 |
|
or the father,
mother,
father-in-law, mother-in-law, grandfather, | 1447 |
|
grandmother, brother
or sister of the whole blood or half blood, | 1448 |
|
son, daughter,
adopting parent, adopted child, stepparent, | 1449 |
|
stepchild, uncle,
aunt, nephew, or niece of the militia member. | 1450 |
|
The application
shall be
in writing upon a blank form furnished | 1451 |
|
only by the director. The
form of the application shall be | 1452 |
|
prescribed by the
secretary of
state. The director shall furnish | 1453 |
|
that blank form to any of the
relatives specified in this division | 1454 |
|
desiring to make the
application, only upon the request of such a | 1455 |
|
relative in person at
the office of the board or upon the written | 1456 |
|
request of such a
relative mailed to the office of the board. The | 1457 |
|
application,
subscribed and sworn to by the applicant, shall | 1458 |
|
contain all of the following: | 1459 |
| (c) A copy of the elector's current and valid photo | 1470 |
|
identification, a copy of a military identification that shows the | 1471 |
|
elector's name and current address, or a copy of a current utility | 1472 |
|
bill, bank statement, government check, paycheck, or other | 1473 |
|
government document, other than a notice of an election mailed by | 1474 |
|
a board of elections under section 3501.19 of the Revised Code or | 1475 |
|
a notice of voter registration mailed by a board of elections | 1476 |
|
under section 3503.19 of the Revised Code, that shows the name and | 1477 |
|
address of the elector. | 1478 |
(C) Applications to have absent voter'searly voting ballots | 1492 |
|
mailed or sent by facsimile
machine
shall
not be valid if dated, | 1493 |
|
postmarked, or received by the director
prior to the ninetieth day | 1494 |
|
before the day of the election for
which ballots are requested or | 1495 |
|
if delivered to the director
later than twelve noon of the third | 1496 |
|
day preceding the day of such
election. If, after the ninetieth | 1497 |
|
day and before four p.m. of
the day before the day of an election, | 1498 |
a valid application for
absent voter'searly voting ballots is | 1499 |
|
delivered to the director of elections
at the office of the board | 1500 |
|
by a militia member making
application in the militia member's | 1501 |
|
own behalf, the director
shall forthwith
deliver to the militia | 1502 |
member all absent voter'searly voting ballots then
ready for use, | 1503 |
|
together with an identification envelope. The
militia member shall | 1504 |
then vote the absent voter'searly voting ballots in the manner | 1505 |
|
provided in section 3509.05 of the Revised Code. | 1506 |
| (B) Upon receipt by the director of elections of
an | 1513 |
application for absent voter'searly voting ballots that contain | 1514 |
|
all of the required information, as provided by
sections
3509.03 | 1515 |
|
and 3509.031 and division (G) of section 3503.16 of the
Revised | 1516 |
|
Code, the director,
if the director finds that the
applicant is a | 1517 |
|
qualified
elector, shall deliver
to the applicant in person or | 1518 |
|
mail
directly to the applicant by
special delivery mail, air
mail, | 1519 |
or regular mail, postage prepaid,
proper absent voter'searly | 1520 |
|
voting ballots. The director shall
deliver or mail with the | 1521 |
|
ballots an
unsealed identification
envelope upon the face of which | 1522 |
|
shall be printed a
form
substantially as follows: | 1523 |
| ...... In lieu of providing a driver's license number or the | 1548 |
|
last four digits of my Social Security Number, I am enclosing a | 1549 |
|
copy of one of the following in the return envelope in which this | 1550 |
|
identification envelope will be mailed: a current and valid photo | 1551 |
|
identification, a military identification that shows my name and | 1552 |
|
current address, or a current utility bill, bank statement, | 1553 |
|
government check, paycheck, or other government document, other | 1554 |
|
than a notice of an election mailed by a board of elections under | 1555 |
|
section 3501.19 of the Revised Code or a notice of voter | 1556 |
|
registration mailed by a board of elections, that shows my name | 1557 |
|
and address. | 1558 |
| The director shall mail with the ballots and the unsealed | 1565 |
|
identification envelope an unsealed
return
envelope
upon the face | 1566 |
|
of which shall be printed the official
title and
post-office | 1567 |
|
address of the director. In the upper left
corner
on the face of | 1568 |
|
the return envelope, several blank lines shall be
printed
upon | 1569 |
|
which the voter may write the voter's name and return
address, and | 1570 |
|
beneath these lines there shall be printed a box
beside the words | 1571 |
|
"check if out-of-country." The voter shall check
this box if the | 1572 |
|
voter will be outside the United States on the day
of the | 1573 |
|
election. The
return envelope shall be of such size that
the | 1574 |
|
identification
envelope can be conveniently placed within it
for | 1575 |
|
returning
the identification envelope to the director. | 1576 |
Sec. 3509.05. (A) When an elector receives an absent voter's | 1577 |
| early voting ballot pursuant
to the elector's application or | 1578 |
|
request, the elector shall, before placing any marks on the | 1579 |
|
ballot,
note whether there are any voting marks on it. If there | 1580 |
|
are
any voting marks, the ballot shall be returned immediately to | 1581 |
|
the
board of elections; otherwise, the elector shall cause the | 1582 |
|
ballot to be marked, folded in a manner that the stub on it and | 1583 |
|
the
indorsements and facsimile signatures of the members of the | 1584 |
|
board
of elections on the back of it are visible, and placed and | 1585 |
|
sealed within the identification envelope received from the | 1586 |
|
director of elections for that purpose. Then, the elector shall | 1587 |
|
cause the statement of voter on the outside of the identification | 1588 |
|
envelope to be completed and signed, under penalty of election | 1589 |
|
falsification. | 1590 |
| If the elector does not provide the elector's driver's | 1591 |
|
license number or the last four digits of the elector's social | 1592 |
|
security number on the statement of voter on the identification | 1593 |
|
envelope, the elector also shall include in the return envelope | 1594 |
|
with the identification envelope a copy of the elector's current | 1595 |
|
valid photo identification, a copy of a military identification | 1596 |
|
that shows the elector's name and current address, or a copy of a | 1597 |
|
current utility bill, bank statement, government check, paycheck, | 1598 |
|
or other government document, other than a notice of an election | 1599 |
|
mailed by a board of elections under section 3501.19 of the | 1600 |
|
Revised Code or a notice of voter registration mailed by a board | 1601 |
|
of elections under section 3503.19 of the Revised Code, that shows | 1602 |
|
the name and address of the elector. | 1603 |
| The elector shall mail the identification envelope to
the | 1604 |
|
director from whom it was received in the return envelope,
postage | 1605 |
|
prepaid, or the elector may personally deliver it to
the director, | 1606 |
|
or the spouse of the elector, the father, mother, father-in-law, | 1607 |
|
mother-in-law, grandfather, grandmother, brother, or sister of
the | 1608 |
|
whole or half blood, or the son, daughter, adopting parent, | 1609 |
|
adopted child, stepparent, stepchild, uncle, aunt, nephew, or | 1610 |
|
niece of the elector may deliver it to the director. The
return | 1611 |
|
envelope shall be transmitted to the director in no other
manner, | 1612 |
|
except as provided in section 3509.08 of the Revised
Code. | 1613 |
When absent voter'searly voting ballots are delivered to an | 1617 |
|
elector at
the office of the board, the elector may retire to a | 1618 |
|
voting
compartment provided by the board and there mark the | 1619 |
|
ballots.
Thereupon, the elector shall fold them, place them in the | 1620 |
|
identification
envelope provided, seal the envelope, fill in and | 1621 |
|
sign the statement on the envelope under penalty of election | 1622 |
|
falsification, and deliver the envelope to the director of the | 1623 |
|
board. | 1624 |
| Except as otherwise provided in divisions (B) and (C) of
this | 1625 |
section, all other envelopes containing marked absent
voter's | 1626 |
| early voting ballots shall be delivered to the director not later | 1627 |
than the close of the polls on the day of an election. Absent | 1628 |
voter'sEarly voting ballots delivered to the director later than | 1629 |
|
the times
specified shall not be counted, but shall be kept by the | 1630 |
|
board in
the sealed identification envelopes in which they are | 1631 |
|
delivered
to the director, until the time provided by section | 1632 |
|
3505.31 of
the Revised Code for the destruction of all other | 1633 |
|
ballots used at
the election for which ballots were provided, at | 1634 |
|
which time they
shall be destroyed. | 1635 |
| (B) Except as otherwise provided in division (C) of this | 1636 |
|
section, any return envelope that indicates that the voter will
be | 1637 |
|
outside the United States on the day of the election shall be | 1638 |
|
delivered to the director prior to the eleventh day after the | 1639 |
|
election. Ballots delivered in such envelopes that are received | 1640 |
|
after the close of the polls on election day through the tenth
day | 1641 |
|
thereafter shall be counted on the eleventh day at the board
of | 1642 |
|
elections in the manner provided in divisions (C) and (D) of | 1643 |
|
section 3509.06 of the Revised Code. Any such ballots that are | 1644 |
|
signed or postmarked after the close of the polls on the day of | 1645 |
|
the election or that are received by the director later than the | 1646 |
|
tenth day following the election shall not be counted, but shall | 1647 |
|
be kept by the board in the sealed identification envelopes as | 1648 |
|
provided in division (A) of this section. | 1649 |
| (C) In any year in which a presidential primary election
is | 1650 |
|
held, any return envelope that indicates that the voter will
be | 1651 |
|
outside the United States on the day of the presidential
primary | 1652 |
|
election shall be delivered to the director prior to the | 1653 |
|
twenty-first day after that election. Ballots delivered in such | 1654 |
|
envelopes that are received after the close of the polls on | 1655 |
|
election day through the twentieth day thereafter shall be
counted | 1656 |
|
on the twenty-first day at the board of elections in the
manner | 1657 |
|
provided in divisions (C) and (D) of section 3509.06 of
the | 1658 |
|
Revised Code. Any such ballots that are signed or postmarked
after | 1659 |
|
the close of the polls on the day of that election or that
are | 1660 |
|
received by the director later than the twentieth day
following | 1661 |
|
that election shall not be counted, but shall be kept
by the board | 1662 |
|
in the sealed identification envelopes as provided
in division (A) | 1663 |
|
of this section. | 1664 |
(B) When the board of elections determines that absent | 1670 |
voter'searly voting ballots shall be counted in each precinct, | 1671 |
|
the director
shall deliver to the presiding judge of each precinct | 1672 |
|
on election
day identification envelopes purporting to contain | 1673 |
absent voter'searly voting
ballots of electors whose voting | 1674 |
|
residence appears from the
statement of voter on the outside of | 1675 |
|
each of those envelopes, to
be located in such presiding judge's | 1676 |
|
precinct, and which were
received by the director not later than | 1677 |
|
the close of the polls on
election day. The director shall deliver | 1678 |
|
to such presiding judge
a list containing the name and voting | 1679 |
|
residence of each person
whose voting residence is in such | 1680 |
precinct to whom absent voter'searly voting
ballots were mailed. | 1681 |
(C) When the board of elections determines that absent | 1682 |
voter'searly voting ballots shall be counted at the office of the | 1683 |
|
board of
elections or at another location designated by the board, | 1684 |
|
special
election judges shall be appointed by the board for that | 1685 |
|
purpose
having the same authority as is exercised by precinct | 1686 |
|
judges.
The votes so cast shall be added to the vote totals by the | 1687 |
board,
and the absent voter'searly voting ballots shall be | 1688 |
|
preserved separately by the
board, in the same manner and for the | 1689 |
|
same length of time as
provided by section 3505.31 of the Revised | 1690 |
|
Code. | 1691 |
| (D) Each of the identification envelopes purporting to | 1692 |
contain absent
voter'searly voting ballots delivered to the | 1693 |
|
presiding judge of the precinct
or the special judge appointed by | 1694 |
|
the board of elections shall be
handled as follows: The election | 1695 |
|
officials shall compare the signature of the
elector on the | 1696 |
|
outside of the identification envelope with
the signature of that | 1697 |
|
elector on the elector's registration
form and verify that the | 1698 |
absent voter's ballot is eligible to be counted under
section | 1699 |
|
3509.07 of the Revised Code. Any of the precinct officials
may | 1700 |
|
challenge the right of the elector named on the identification | 1701 |
envelope to vote the absent voter'searly voting ballots upon the | 1702 |
|
ground that
the signature on the envelope is not the same as the | 1703 |
|
signature
on the registration form, or upon any other of the | 1704 |
|
grounds upon
which the right of persons to vote may be lawfully | 1705 |
|
challenged.
If no such challenge is made, or if such a challenge | 1706 |
|
is made and
not sustained, the presiding judge shall open the | 1707 |
|
envelope
without defacing the statement of voter and without | 1708 |
|
mutilating
the ballots in it, and shall remove the ballots | 1709 |
|
contained
in it and proceed to count them. | 1710 |
| The name of each person voting who is entitled to vote only | 1711 |
an absent voter'searly voting presidential ballot shall be | 1712 |
|
entered in a
pollbook or poll list or signature pollbook followed | 1713 |
by the words
"AbsenteeEarly Presidential Ballot." The name of | 1714 |
each person voting
an absent voter'searly voting ballot, other | 1715 |
|
than such persons entitled to
vote only a presidential ballot, | 1716 |
|
shall be entered in the pollbook
or poll list or signature | 1717 |
|
pollbook and the person's
registration card marked to indicate | 1718 |
|
that the person has
voted. | 1719 |
| Sec. 3509.07. If
election officials find
that
the statement | 1736 |
accompanying an absent
voter'searly voting ballot or absent | 1737 |
voter'searly voting
presidential ballot is insufficient, that the | 1738 |
|
signatures
do not
correspond with
the person's registration | 1739 |
|
signature,
that the
applicant is not a qualified elector in the | 1740 |
|
precinct,
that the
ballot envelope
contains more than one ballot | 1741 |
|
of any one
kind, or
any voted ballot
that the
elector is not | 1742 |
entitled to vote,
that Stub A is detached from the absent
voter's | 1743 |
early voting ballot or absent
voter'searly voting presidential | 1744 |
|
ballot, or that the elector has not included with the elector's | 1745 |
|
ballot any identification required under section 3509.05 or | 1746 |
|
3511.09 of the Revised Code, the vote
shall not be accepted or | 1747 |
counted.
The vote of any
absentearly voter may be challenged for | 1748 |
|
cause
in the
same manner as
other votes are challenged, and the | 1749 |
|
election
officials shall
determine the
legality of
that ballot. | 1750 |
|
Every
ballot not
counted shall
be endorsed on
its back
"Not | 1751 |
|
Counted"
with
the reasons
the ballot was not counted, and shall
be | 1752 |
|
enclosed
and
returned to or retained by the board of elections | 1753 |
|
along with the
contested
ballots. | 1754 |
| Sec. 3509.08. (A) Any qualified elector, who, on account
of | 1755 |
|
the elector's own personal illness, physical disability,
or | 1756 |
|
infirmity, or on account of the elector's confinement in a jail or | 1757 |
|
workhouse under
sentence for a misdemeanor or awaiting trial on a | 1758 |
|
felony or misdemeanor, will
be unable to travel from the elector's | 1759 |
|
home or place of
confinement to the voting booth in the elector's | 1760 |
|
precinct on the day of any
general, special, or primary election | 1761 |
may make application in
writing for an absent voter'searly voting | 1762 |
|
ballot to
the director of the board
of elections of the elector's | 1763 |
|
county.
The application shall include all of the information | 1764 |
|
required
under section 3509.03 of the Revised Code and shall | 1765 |
|
state the
nature of
the elector's illness, physical disability, | 1766 |
|
or
infirmity, or
the fact that the elector is confined in a jail | 1767 |
|
or
workhouse
and the elector's resultant inability to
travel to | 1768 |
|
the
election booth in the elector's precinct on
election day. The | 1769 |
|
application shall not be valid if it is delivered to the
director | 1770 |
|
before the ninetieth day or after twelve noon of the third
day | 1771 |
|
before the day of the election at which the ballot is to
be
voted. | 1772 |
The absent voter'searly voting ballot may be mailed directly | 1773 |
|
to the
applicant
at the applicant's voting residence or place of | 1774 |
|
confinement as
stated in the applicant's application, or the board | 1775 |
|
may
designate
two board
employees belonging to the two major | 1776 |
|
political parties
for the
purpose of delivering the ballot to the | 1777 |
|
disabled or
confined
elector and returning it to the board, unless | 1778 |
|
the
applicant is
confined to a public or private institution | 1779 |
|
within
the county, in
which case the board shall designate two | 1780 |
|
board
employees belonging to the two major political parties for | 1781 |
|
the
purpose of delivering the ballot to the
disabled or confined | 1782 |
|
elector and returning it to the board. In
all other instances,
the | 1783 |
|
ballot shall be returned to the office
of the board in the
manner | 1784 |
|
prescribed in section 3509.05 of the
Revised Code. | 1785 |
| Any disabled or confined elector who declares to the two | 1786 |
|
board
employees belonging to the two major political parties that | 1787 |
|
the elector is unable to mark
the elector's ballot
by reason of | 1788 |
|
physical infirmity that is
apparent to
the employees to be | 1789 |
|
sufficient to incapacitate the
voter from
marking
the elector's | 1790 |
|
ballot properly, may receive, upon
request,
the
assistance of the | 1791 |
|
employees in marking
the elector's
ballot, and they shall | 1792 |
|
thereafter give no
information in regard to this
matter.
Such | 1793 |
|
assistance shall not
be rendered for any other cause. | 1794 |
| (2) The application authorized under division (B)(1) of this | 1819 |
|
section shall be made in writing, shall include all of the | 1820 |
|
information required under section 3509.03 of the Revised Code, | 1821 |
|
and shall be
delivered to the director not later than three p.m. | 1822 |
|
on the day of
the election. The application shall indicate the | 1823 |
|
hospital where
the applicant or the applicant's child is confined, | 1824 |
|
the date of the applicant's or the applicant's child's
admission | 1825 |
|
to the
hospital, and the offices for which the applicant is | 1826 |
|
qualified
to
vote. The
applicant may
also request that a member of | 1827 |
|
the applicant's
family, as listed in
section 3509.05 of the | 1828 |
Revised Code, deliver
the absent voter'searly voting
ballot to | 1829 |
|
the applicant.
The director, after
establishing to the
director's | 1830 |
|
satisfaction
the validity of
the
circumstances claimed
by the | 1831 |
applicant, shall
supply an absent
voter'searly voting ballot to | 1832 |
|
be
delivered to the applicant.
When the
applicant or the | 1833 |
|
applicant's child is in a hospital
in
the county where the | 1834 |
|
applicant
is a qualified
elector and no
request is made for a | 1835 |
|
member of the family to
deliver the ballot,
the director shall | 1836 |
arrange for the delivery
of an absent voter'searly voting
ballot | 1837 |
|
to the applicant, and for its return
to the office of the
board, | 1838 |
|
by two board employees belonging to the two major political | 1839 |
|
parties according to the
procedures prescribed in
division (A) of | 1840 |
|
this section. When the
applicant or the applicant's child is in a | 1841 |
|
hospital
outside the county where the
applicant is a qualified | 1842 |
|
elector and
no request is made for a member of
the family to | 1843 |
|
deliver the
ballot, the director shall arrange for the delivery
of | 1844 |
an absent
voter'searly voting ballot to the applicant by mail, | 1845 |
|
and the ballot
shall be
returned to the office of the board in | 1846 |
|
the manner
prescribed in
section
3509.05 of the Revised Code. | 1847 |
| (3) Any qualified elector who is eligible to vote
under | 1848 |
|
division (B) or (C) of section 3503.16
of the Revised Code but is | 1849 |
|
unable to do so because of the circumstances
described in division | 1850 |
|
(B)(2) of this section may vote in
accordance with division | 1851 |
|
(B)(1)
of this section if that qualified
elector states in the | 1852 |
application for absent voter'searly voting ballots that that | 1853 |
|
qualified elector
moved or had a change of name under the | 1854 |
|
circumstances
described in
division (B) or (C) of section 3503.16 | 1855 |
|
of the Revised Code and
if
that qualified elector complies with | 1856 |
|
divisions (G)(1) to (4) of
section 3503.16 of the Revised Code. | 1857 |
|
(B)(1) If a registered elector appears to vote in that | 1868 |
precinct and that elector has requested an absent voter'searly | 1869 |
|
voting ballot for that election but the director has not received | 1870 |
|
a sealed identification envelope purporting to contain that | 1871 |
elector's voted absent voter'searly voting ballots for that | 1872 |
|
election, the elector shall be permitted to cast a provisional | 1873 |
|
ballot under section 3505.181 of the Revised Code in that precinct | 1874 |
|
on the day of that election. | 1875 |
(C)(1) In counting absent voter'searly voting ballots under | 1884 |
|
section 3509.06 of the Revised Code, the board of elections shall | 1885 |
|
compare the signature of each elector from whom the director has | 1886 |
|
received a sealed identification envelope purporting to contain | 1887 |
that elector's voted absent voter'searly voting ballots for that | 1888 |
|
election to the signature on that elector's registration form. | 1889 |
|
Except as otherwise provided in division (C)(3) of this section, | 1890 |
if the board of elections determines that the absent voter'searly | 1891 |
|
voting ballot in the sealed identification envelope is valid, it | 1892 |
|
shall be counted. If the board of elections determines that the | 1893 |
|
signature on the sealed identification envelope purporting to | 1894 |
contain the elector's voted absent voter'searly voting ballot | 1895 |
|
does not match the signature on the elector's registration form, | 1896 |
|
the ballot shall be set aside and the board shall examine, during | 1897 |
|
the time prior to the beginning of the official canvass, the poll | 1898 |
|
list or signature pollbook from the precinct in which the elector | 1899 |
|
is registered to vote to determine if the elector also cast a | 1900 |
|
provisional ballot under section 3505.181 of the Revised Code in | 1901 |
|
that precinct on the day of the election. | 1902 |
| (3) If the board of elections does not receive the sealed | 1913 |
|
identification envelope purporting to contain the elector's voted | 1914 |
absent voter'searly voting ballot by the applicable deadline | 1915 |
|
established under section 3509.05 of the Revised Code, the | 1916 |
|
provisional ballot cast under section 3505.181 of the Revised Code | 1917 |
|
in that precinct on the day of the election shall be counted as | 1918 |
|
valid, if that provisional ballot is otherwise determined to be | 1919 |
|
valid pursuant to section 3505.183 of the Revised Code. | 1920 |
| Sec. 3511.01. Any section of the Revised Code to the | 1927 |
|
contrary notwithstanding, any person serving in the armed forces | 1928 |
|
of the United States, or the spouse or dependent of any person | 1929 |
|
serving in the armed forces of the United States who resides | 1930 |
|
outside this state for the purpose of being with or near such | 1931 |
|
service member, who will be eighteen years of age or more on the | 1932 |
|
day of a general or special election and who is a citizen of the | 1933 |
United States, may vote armed service absent voter'searly voting | 1934 |
|
ballots in
such general or special election as follows: | 1935 |
(A) If the service member is the voter, hethe service member | 1936 |
may vote only in the precinct in which hethe service member has
a | 1937 |
|
voting residence in the state,
and that voting residence shall be | 1938 |
that place in the precinct in
which hethe service member resided | 1939 |
|
immediately preceding the
commencement of such
service, provided | 1940 |
that the time during which hethe service
member continuously | 1941 |
|
resided in the state immediately preceding the commencement of | 1942 |
|
such service plus the time subsequent to such commencement and | 1943 |
|
prior to the day of such general, special, or primary election is | 1944 |
|
equal to or exceeds thirty days. | 1945 |
| (B) If the spouse or dependent of a service member is the | 1946 |
voter, hethe spouse or dependent may vote only in the precinct
in | 1947 |
which hethe spouse or dependent has a voting
residence in the | 1948 |
|
state, and that voting residence shall be that
place in the | 1949 |
precinct in which hethe spouse or dependent
resided immediately | 1950 |
|
preceding the time of leaving the state for the purpose of
being | 1951 |
|
with or near the service member, provided that the time during | 1952 |
which
hethe spouse or dependent continuously resided in the state | 1953 |
|
immediately
preceding the time of leaving the state for the | 1954 |
|
purpose of being with or near
the service member plus the time | 1955 |
|
subsequent to such leaving and prior
to the day of such general, | 1956 |
|
special, or primary election is equal
to or exceeds thirty days. | 1957 |
(C) If the service member or histhe service member's spouse | 1958 |
|
or
dependent establishes a permanent residence in a precinct other | 1959 |
than the
precinct in which hethe person resided immediately | 1960 |
preceding
the commencement of histhe service member's service, | 1961 |
the voting
residence of both the
service member and histhe | 1962 |
|
service member's spouse or dependent
shall be the precinct
of such | 1963 |
permanent residence, provided that the time during which hethe | 1964 |
|
service member continuously resided in the state immediately | 1965 |
|
preceding the commencement of such service plus the time | 1966 |
|
subsequent to such
commencement and prior to the day of such | 1967 |
|
general, special, or primary
election is equal to or exceeds | 1968 |
|
thirty days. | 1969 |
| Sec. 3511.02. Notwithstanding any section of the Revised | 1970 |
|
Code to the
contrary, whenever any person applies for
registration | 1971 |
|
as a voter on a form adopted in accordance with
federal | 1972 |
|
regulations relating to the "Uniformed and Overseas
Citizens | 1973 |
|
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff
(1986), | 1974 |
|
this application shall be sufficient for voter
registration and as | 1975 |
a request for an absent voter'searly voting ballot. Early voting | 1976 |
|
ballots shall be considered absentee ballots for the purpose of | 1977 |
applications received pursuant to that act. Armed
service absent | 1978 |
voter'searly voting ballots may be obtained by any person
meeting | 1979 |
|
the requirements of section 3511.01 of the Revised Code
by | 1980 |
|
applying to the director of the board of elections of the
county | 1981 |
|
in which the person's voting residence is located, in one
of the | 1982 |
|
following ways: | 1983 |
| (c) A copy of the elector's current and valid photo | 1998 |
|
identification, a copy of a military identification that shows the | 1999 |
|
elector's name and current address, or a copy of a current utility | 2000 |
|
bill, bank statement, government check, paycheck, or other | 2001 |
|
government document, other than a notice of an election mailed by | 2002 |
|
a board of elections under section 3501.19 of the Revised Code or | 2003 |
|
a notice of voter registration mailed by a board of elections | 2004 |
|
under section 3503.19 of the Revised Code, that shows the name and | 2005 |
|
address of the elector. | 2006 |
| (B) A voter or any relative of a voter listed in division (C) | 2024 |
|
of this section may use a single federal post card application to | 2025 |
apply for armed service absent voter'sabsentee ballots for use at | 2026 |
|
the
primary and general elections in a given year and any special | 2027 |
|
election to be held on the day in that year specified by division | 2028 |
|
(E) of section 3501.01 of the Revised Code for the holding of a | 2029 |
|
primary election, designated by the general assembly for the | 2030 |
|
purpose of submitting constitutional amendments proposed by the | 2031 |
|
general assembly to the voters of the state. Early voting ballots | 2032 |
|
shall be considered absentee ballots for the purpose of the | 2033 |
|
federal post card application. A single federal postcard | 2034 |
|
application
shall be processed by the board of elections pursuant | 2035 |
|
to section
3511.04 of the Revised Code the same as if the voter | 2036 |
had applied
separately for armed service absent voter'searly | 2037 |
|
voting ballots for each
election. | 2038 |
(C) Application to have armed service absent voter'searly | 2039 |
|
voting ballots mailed or sent by facsimile
machine to such a | 2040 |
|
person
may be made by the spouse when the person is a service | 2041 |
|
member, or
by the father, mother, father-in-law, mother-in-law, | 2042 |
|
grandfather,
grandmother, brother or sister of the whole blood or | 2043 |
|
half blood,
son, daughter, adopting parent, adopted child, | 2044 |
|
stepparent,
stepchild, uncle, aunt, nephew, or niece of such a | 2045 |
|
person. The
application shall be in writing upon a blank form | 2046 |
|
furnished only
by the director or on a single federal post card as | 2047 |
|
provided in
division (B) of this section. The form of the | 2048 |
|
application shall
be prescribed by the secretary of state. The | 2049 |
|
director shall
furnish that blank form to any of the relatives | 2050 |
|
specified in this
division desiring to make the application, only | 2051 |
|
upon the request
of such a relative made in person at the office | 2052 |
|
of the board or
upon the written request of such a relative mailed | 2053 |
|
to the office of
the board. The application, subscribed and sworn | 2054 |
|
to by the
applicant, shall contain all of the following: | 2055 |
| (c) A copy of the elector's current and valid photo | 2070 |
|
identification, a copy of a military identification that shows the | 2071 |
|
elector's name and current address, or a copy of a current utility | 2072 |
|
bill, bank statement, government check, paycheck, or other | 2073 |
|
government document, other than a notice of an election mailed by | 2074 |
|
a board of elections under section 3501.19 of the Revised Code or | 2075 |
|
a notice of voter registration mailed by a board of elections | 2076 |
|
under section 3503.19 of the Revised Code, that shows the name and | 2077 |
|
address of the elector. | 2078 |
Each application for armed service absent voter'searly | 2092 |
|
voting ballots
shall be delivered to the director not earlier than | 2093 |
|
the first day
of January of the year of the elections for which | 2094 |
the armed
service absent voter'searly voting ballots are | 2095 |
|
requested or not earlier than
ninety days before the day of the | 2096 |
|
election at which the ballots
are to be voted, whichever is | 2097 |
|
earlier, and not later than twelve
noon of the third day preceding | 2098 |
|
the day of the election,
or not later than the close of regular | 2099 |
|
business hours on the
day before the day of the election at which | 2100 |
|
those ballots are to
be voted if the application is delivered in | 2101 |
|
person to the office
of the board. | 2102 |
| (B) Not later than the twenty-fifth day before
the day of | 2122 |
|
each presidential primary election and not later than
the | 2123 |
|
thirty-fifth day before the day of each general or other
primary | 2124 |
|
election, and at the earliest possible time before the
day of a | 2125 |
|
special election held on a day other than the day on
which a | 2126 |
|
general or primary election is held, the director of the
board of | 2127 |
|
elections shall mail or send by facsimile machine armed
service | 2128 |
absent voter'searly voting
ballots then ready for use as provided | 2129 |
|
for in section 3511.03 of
the Revised Code and for which the | 2130 |
|
director has received
valid applications
prior to that time. | 2131 |
|
Thereafter, and until twelve noon of the
third day preceding the | 2132 |
|
day of election, the director shall
promptly, upon receipt of | 2133 |
|
valid applications for them, mail or
send by facsimile machine to | 2134 |
the proper persons all armed service absent voter'searly voting | 2135 |
|
ballots then
ready for use. | 2136 |
| If, after the sixtieth day before the day of a general or | 2137 |
|
primary election, any other question, issue, or candidacy is | 2138 |
|
lawfully ordered submitted to the electors voting at the general | 2139 |
|
or primary election, the board shall promptly provide a separate | 2140 |
|
official issue, special election, or other election ballot for | 2141 |
|
submitting the question, issue, or candidacy to those electors, | 2142 |
|
and the director shall promptly mail or send by facsimile machine | 2143 |
|
each such separate ballot to
each person to whom the director has | 2144 |
|
previously mailed or
sent by facsimile
machine other armed service | 2145 |
absent voter'searly voting ballots. | 2146 |
| Sec. 3511.05. (A) The director of the board of elections | 2150 |
shall
place armed service absent voter'searly voting ballots sent | 2151 |
|
by mail in
an unsealed
identification envelope, gummed ready for | 2152 |
sealing.
The
director shall include with armed
service absent | 2153 |
voter'searly voting
ballots
sent by facsimile machine an | 2154 |
|
instruction sheet for
preparing a
gummed envelope in which the | 2155 |
|
ballots shall be
returned. The
envelope for returning ballots
sent | 2156 |
|
by either means
shall
have
printed or written on its face a form | 2157 |
|
as follows: | 2158 |
| (B) The director shall also mail with the ballots and the | 2207 |
|
unsealed identification envelope sent by mail an unsealed return | 2208 |
|
envelope, gummed, ready for sealing, for use by the voter in | 2209 |
|
returning
the voter's marked ballots to the director. The
director | 2210 |
|
shall send with
the ballots and the instruction sheet for | 2211 |
|
preparing a gummed
envelope sent by facsimile machine an | 2212 |
|
instruction sheet for preparing a second
gummed envelope as | 2213 |
|
described in this division, for use by the voter in
returning that | 2214 |
|
voter's marked ballots to the
director. The return envelope shall | 2215 |
|
have
two parallel lines, each one quarter of an inch in width, | 2216 |
|
printed
across its face paralleling the top, with an intervening | 2217 |
|
space of
one quarter of an inch between such lines. The top line | 2218 |
|
shall be
one and one-quarter inches from the top of the envelope. | 2219 |
|
Between
the parallel lines shall be printed: "OFFICIAL ELECTION | 2220 |
ARMED SERVICE ABSENT VOTER'SEARLY VOTING BALLOTS -- VIA AIR | 2221 |
|
MAIL." Three
blank
lines shall be printed in the upper left corner | 2222 |
|
on the face
of
the envelope for the use by the voter in placing | 2223 |
|
the voter's
complete
military, naval, or mailing address
on these | 2224 |
|
lines, and
beneath
these
lines there shall be printed a box beside | 2225 |
|
the words
"check
if
out-of-country." The voter shall check this | 2226 |
|
box if the
voter
will be outside the United States on the day of | 2227 |
|
the
election. The
official
title and the post-office address of | 2228 |
|
the
director to whom
the envelope shall
be returned shall be | 2229 |
|
printed
on the face of
such envelope in the lower right
portion | 2230 |
|
below the
bottom parallel
line. | 2231 |
| If the flap on this envelope is so firmly stuck to the
back | 2235 |
|
of the envelope when received by you as to require forcible | 2236 |
|
opening in order to use it, open the envelope in the manner
least | 2237 |
|
injurious to it, and, after marking your ballots and
enclosing | 2238 |
|
same in the envelope for mailing them to the director of
the board | 2239 |
|
of elections, reclose the envelope in the most
practicable way, by | 2240 |
|
sealing or otherwise, and sign the blank form
printed below. | 2241 |
| Sec. 3511.06. The identification envelope provided for in | 2254 |
|
section 3511.05 of the Revised Code shall be a No. 10, 24-lb. | 2255 |
|
white official envelope, four and one-eighth inches by nine and | 2256 |
|
one-half inches in size. The return envelope provided for in
such | 2257 |
|
section shall be a No. 11, 24-lb. white official envelope,
four | 2258 |
|
and one-half inches by ten and three-eighths inches in size.
The | 2259 |
envelope in which the two envelopes and the armed service
absent | 2260 |
voter'searly voting ballots are mailed to the elector shall be a | 2261 |
|
No.
12, 24-lb. white official envelope, four and three-quarter | 2262 |
|
inches
by eleven inches in size, and it shall have two parallel | 2263 |
|
lines,
each one quarter of an inch in width, printed across its | 2264 |
|
face,
paralleling the top, with an intervening space of | 2265 |
|
one-quarter of
an inch between such lines. The top line shall be | 2266 |
|
one and
one-quarter inches from the top of the envelope. Between | 2267 |
|
the
parallel lines shall be printed: "official armed service | 2268 |
absent
voter'searly voting balloting material--via air mail." The | 2269 |
|
appropriate
return address of the director of the board of | 2270 |
|
elections shall be
printed in the upper left corner on the face of | 2271 |
|
such envelope.
Several blank lines shall be printed on the face of | 2272 |
|
such envelope
in the lower right portion, below the bottom | 2273 |
|
parallel line, for
writing in the name and address of the elector | 2274 |
|
to whom such
envelope is mailed. All printing on such envelope | 2275 |
|
shall be in
red ink. | 2276 |
| Sec. 3511.08. The director of the board of elections shall | 2277 |
keep a record of the name and address of each person to whom he | 2278 |
the
director mails or delivers armed service absent voter'searly | 2279 |
|
voting ballots, the kinds
of ballots so mailed or delivered, and | 2280 |
|
the name and address of
the person who made the application for | 2281 |
such ballots. After hethe
director has mailed or delivered such | 2282 |
ballots he, the
director shall not mail or deliver
additional | 2283 |
|
ballots of the same kind to such person pursuant to a
subsequent | 2284 |
|
request unless such subsequent request contains the
statement that | 2285 |
|
an earlier request had been sent to the director
prior to the | 2286 |
|
thirtieth day before the election and that the armed
service | 2287 |
absent voter'searly voting ballots so requested had not been | 2288 |
|
received
by such person prior to the fifteenth day before the | 2289 |
|
election,
and provided that the director has not received an | 2290 |
|
identification
envelope purporting to contain marked armed service | 2291 |
absent
voter'searly voting ballots from such person. | 2292 |
Sec. 3511.09. Upon receiving
armed service absent
voter's | 2293 |
| early voting
ballots, the elector shall cause the questions on the | 2294 |
|
face
of the
identification envelope to be answered, and, by | 2295 |
|
writing
the
elector's usual signature in the proper place
on the | 2296 |
|
identification envelope,
the elector shall
declare under
penalty | 2297 |
|
of election falsification that the answers
to those
questions are | 2298 |
|
true and correct to the best of
the
elector's
knowledge and | 2299 |
|
belief. Then, the elector shall
note whether
there are any
voting | 2300 |
|
marks on the ballot.
If there
are any voting
marks, the
ballot | 2301 |
|
shall be returned immediately to
the board of
elections; | 2302 |
|
otherwise, the elector shall cause the
ballot to be
marked,
folded | 2303 |
|
separately so as to conceal the
markings
on it,
deposited
in the | 2304 |
|
identification
envelope, and securely sealed in
the
identification | 2305 |
|
envelope. The elector then
shall cause the
identification
envelope | 2306 |
|
to
be placed within the return envelope,
sealed in the
return | 2307 |
|
envelope, and mailed to the director of the
board of
elections to | 2308 |
|
whom it is addressed. If the elector does not provide the | 2309 |
|
elector's driver's license number or the last four digits of the | 2310 |
|
elector's social security number on the statement of voter on the | 2311 |
|
identification envelope, the elector also shall include in the | 2312 |
|
return envelope with the identification envelope a copy of the | 2313 |
|
elector's current valid photo identification, a copy of a military | 2314 |
|
identification that shows the elector's name and current address, | 2315 |
|
or a copy of a current utility bill, bank statement, government | 2316 |
|
check, paycheck, or other government document, other than a notice | 2317 |
|
of an election mailed by a board of elections under section | 2318 |
|
3501.19 of the Revised Code or a notice of voter registration | 2319 |
|
mailed by a board of elections under section 3503.19 of the | 2320 |
|
Revised Code, that shows the name and address of the elector. Each | 2321 |
|
elector who will
be
outside the
United
States on the day of the | 2322 |
|
election shall
check
the box on
the
return envelope indicating | 2323 |
|
this fact
and
shall mail
the return
envelope to the director prior | 2324 |
|
to the close
of the
polls on
election day. | 2325 |
| Sec. 3511.10. If, after the thirty-fifth day and before
the | 2330 |
|
close of the polls on the day of a general or primary
election, a | 2331 |
valid application for armed service absent voter'searly voting | 2332 |
|
ballots is delivered to the director of the board of elections at | 2333 |
the office of the board by a person making the application in his | 2334 |
| on
the person's own behalf, the director shall forthwith deliver | 2335 |
to the
person all armed service absent voter'searly voting | 2336 |
|
ballots then ready for use,
together with an identification | 2337 |
|
envelope. The person shall then
immediately retire to a voting | 2338 |
booth in the office of the board,
and mark the ballots. HeThe | 2339 |
person shall then fold each ballot
separately so as to conceal his | 2340 |
| the person's markings thereon,
and deposit all of the
ballots in | 2341 |
the identification envelope and securely seal it. Thereupon
hethe | 2342 |
|
person shall fill in answers to the questions on the face
of the | 2343 |
identification envelope, and by writing histhe person's
usual | 2344 |
signature in the proper place thereon, hethe person shall
declare | 2345 |
|
under penalty of election falsification that the answers to those | 2346 |
questions are true and correct to the best of histhat person's | 2347 |
knowledge and belief. HeThe person shall then deliver the | 2348 |
|
identification envelope to the
director. If thereafter, and before | 2349 |
|
the third day preceding such
election, the board provides | 2350 |
|
additional separate official issue
or special election ballots, as | 2351 |
|
provided for in section 3511.04
of the Revised Code, the director | 2352 |
|
shall promptly, and not later
than twelve noon of the third day | 2353 |
|
preceding the day of election,
mail such additional ballots to | 2354 |
such person at the address
specified by himthat person for that | 2355 |
|
purpose. | 2356 |
| In the event any person serving in the armed forces of the | 2357 |
|
United States is discharged after the closing date of | 2358 |
registration, and hethat person or histhat
person's spouse, or | 2359 |
|
both, meets all the other
qualifications set forth in section | 2360 |
3511.01 of the Revised Code,
he or shethe person or spouse shall | 2361 |
|
be permitted to vote prior
to the date of the election in the | 2362 |
office of the board in histhe
person's or spouse's county, as set | 2363 |
|
forth in this section. | 2364 |
| Sec. 3511.11.
(A) Upon receipt of any
return envelope | 2365 |
bearing the
designation "Official Election Armed Service Absent | 2366 |
Voter'sEarly Voting
Ballot" prior to the twenty-first day after | 2367 |
|
the day of a
presidential primary election or prior to the | 2368 |
|
eleventh day after
the day of any other election, the director of | 2369 |
|
the board of
elections shall open it but shall not open the | 2370 |
|
identification
envelope
contained
in it. If, upon so opening
the | 2371 |
|
return
envelope, the director finds ballots
in
it that are not | 2372 |
|
enclosed
in
and properly sealed in the
identification envelope,
| 2373 |
|
the
director shall
not
look at the markings upon
the ballots and | 2374 |
|
shall promptly
place them
in the identification envelope and | 2375 |
|
promptly seal
it. If, upon so opening
the return envelope, the | 2376 |
|
director finds
that
ballots are
enclosed in the
identification | 2377 |
|
envelope but that
it is not properly sealed,
the director shall | 2378 |
|
not look at the
markings upon
the ballots and
shall promptly seal | 2379 |
|
the identification envelope. | 2380 |
| (C) A return envelope that indicates that the voter will be | 2385 |
|
outside of the United States on the day of an election is not | 2386 |
required to be postmarked in order for an armed service absent | 2387 |
voter'searly voting ballot contained in it to be valid. Except as | 2388 |
|
otherwise
provided in this division, whether or not the return | 2389 |
|
envelope
containing the ballot is postmarked or contains an | 2390 |
illegible
postmark, an armed service absent voter'searly voting | 2391 |
|
ballot that
is
received after the close of the polls on election | 2392 |
|
day through
the
tenth day
after the election day or, if the | 2393 |
|
election was a
presidential
primary election, through the | 2394 |
|
twentieth day
after
the election day, and that
is
delivered in a | 2395 |
|
return envelope that
indicates that the voter
will
be outside the | 2396 |
|
United States on the
day of the election
shall be
counted on the | 2397 |
|
eleventh day
after the
election day or, if the
election was a | 2398 |
|
presidential primary
election, on the twenty-first
day
after the | 2399 |
|
election day, at the
office of the board of
elections in the | 2400 |
|
manner provided in
divisions (C) and (D) of
section 3509.06 of the | 2401 |
|
Revised Code.
However, if a
return envelope containing an armed | 2402 |
service absent
voter'searly voting ballot
is so received and so | 2403 |
|
indicates, but it is
postmarked, or
the
identification envelope in | 2404 |
|
it is signed, after
the close of the
polls
on election day,
the | 2405 |
armed service absent
voter'searly voting
ballot shall not be | 2406 |
|
counted. | 2407 |
(D) Armed service absent voter'searly voting ballots | 2408 |
|
contained in return
envelopes that bear the designation "Official | 2409 |
Election Armed
Service Absent Voter'sEarly Voting Ballots," that | 2410 |
|
are received
by the director
after the close of the polls on the | 2411 |
|
day of the
election, and that
do not indicate they are from voters | 2412 |
|
who will
be outside the
United States on the day of the election,
| 2413 |
armed
service absent
voter'searly voting ballots contained in | 2414 |
|
return
envelopes that
bear that
designation, that
indicate that | 2415 |
|
the voter
will be outside the
United States on the
day of the | 2416 |
|
election, and
that
either
are
postmarked, or
contain an | 2417 |
|
identification envelope
that is signed,
after the close
of the | 2418 |
polls on the day
of
election, and armed
service absent
voter's | 2419 |
| early voting ballots
contained in return envelopes that
bear that | 2420 |
|
designation, that so
indicate, and that are received
after the | 2421 |
|
tenth day following
the
election or, if the election was
a | 2422 |
|
presidential primary
election,
after the twentieth day following | 2423 |
|
the election, shall
not be
counted, but shall be
preserved in
| 2424 |
|
their identification
envelopes
unopened
until the
time provided | 2425 |
|
by section 3505.31 of the Revised
Code for the
destruction of all | 2426 |
|
other ballots used at the election
for which
ballots were | 2427 |
|
provided, at which time they shall be
destroyed. | 2428 |
Sec. 3511.12. In counting armed service absent voter'searly | 2429 |
|
voting ballots pursuant to
section 3511.11 of the Revised Code, | 2430 |
the name of each voter, followed by
"Armed Service Absent Voter's | 2431 |
| Early Voting Ballot," shall be written in the poll book or
poll | 2432 |
|
list together with such notations as will indicate the kinds of | 2433 |
|
ballots
the envelope contained. If any challenge is made and | 2434 |
|
sustained, the
identification envelope of such voter shall not be | 2435 |
|
opened and shall be
indorsed
"not counted" with the reasons | 2436 |
|
therefor. | 2437 |
|
(B)(1) If a registered elector appears to vote in that | 2442 |
precinct and that elector has requested an armed service absent | 2443 |
voter'searly voting ballot for that election but the director has | 2444 |
|
not received a sealed identification envelope purporting to | 2445 |
contain that elector's voted armed service absent voter'searly | 2446 |
|
voting ballots for that election, the elector shall be permitted | 2447 |
|
to cast a provisional ballot under section 3505.181 of the Revised | 2448 |
|
Code in that precinct on the day of that election. | 2449 |
|
(2) If a registered elector appears to vote in that precinct | 2450 |
and that elector has requested an armed service absent voter's | 2451 |
| early voting ballot for that election and the director has | 2452 |
|
received a sealed identification envelope purporting to contain | 2453 |
that elector's voted armed service absent voter'searly voting | 2454 |
|
ballots for that election, the elector shall be permitted to cast | 2455 |
|
a provisional ballot under section 3505.181 of the Revised Code in | 2456 |
|
that precinct on the day of that election. | 2457 |
(C)(1) In counting armed service absent voter'searly voting | 2458 |
|
ballots under section 3511.11 of the Revised Code, the board of | 2459 |
|
elections shall compare the signature of each elector from whom | 2460 |
|
the director has received a sealed identification envelope | 2461 |
purporting to contain that elector's voted armed service absent | 2462 |
voter'searly voting ballots for that election to the signature on | 2463 |
|
the elector's registration form. Except as otherwise provided in | 2464 |
|
division (C)(3) of this section, if the board of elections | 2465 |
determines that the armed service absent voter'searly voting | 2466 |
|
ballot in the sealed identification envelope is valid, it shall be | 2467 |
|
counted. If the board of elections determines that the signature | 2468 |
|
on the sealed identification envelope purporting to contain the | 2469 |
elector's voted armed service absent voter'searly voting ballot | 2470 |
|
does not match the signature on the elector's registration form, | 2471 |
|
the ballot shall be set aside and the board shall examine, during | 2472 |
|
the time prior to the beginning of the official canvass, the poll | 2473 |
|
list or signature pollbook from the precinct in which the elector | 2474 |
|
is registered to vote to determine if the elector also cast a | 2475 |
|
provisional ballot under section 3505.181 of the Revised Code in | 2476 |
|
that precinct on the day of the election. | 2477 |
| (3) If the board of elections does not receive the sealed | 2491 |
|
identification envelope purporting to contain the elector's voted | 2492 |
armed service absent voter'searly voting ballot by the applicable | 2493 |
|
deadline established under section 3511.11 of the Revised Code, | 2494 |
|
the provisional ballot cast under section 3505.181 of the Revised | 2495 |
|
Code in that precinct on the day of the election shall be counted | 2496 |
|
as valid, if that provisional ballot is otherwise determined to be | 2497 |
|
valid pursuant to section 3505.183 of the Revised Code. | 2498 |
| Sec. 3513.052. (A) No person shall seek nomination or | 2505 |
|
election to any of the following offices or positions at the same | 2506 |
|
election by filing a declaration of candidacy and petition, a | 2507 |
|
declaration of intent to be a write-in candidate, or a nominating | 2508 |
|
petition, or by becoming a candidate through party nomination in a | 2509 |
|
primary election, or by the filling of a vacancy under section | 2510 |
|
3513.30 or 3513.31 of the Revised Code: | 2511 |
| (B) The secretary of state or a board of elections shall
not | 2520 |
|
accept for filing a declaration of candidacy and petition, a | 2521 |
|
declaration of intent to be a write-in candidate, or a nominating | 2522 |
|
petition of a person seeking to become a candidate if that person, | 2523 |
|
for the same election,
has already filed a
declaration of | 2524 |
|
candidacy, a declaration of intent to be a
write-in candidate, or | 2525 |
|
a nominating petition, or has become a candidate through party | 2526 |
|
nomination at a
primary election or by the filling of a vacancy | 2527 |
|
under section
3513.30 or 3513.31 of the Revised Code for: | 2528 |
| (2) Any municipal or township office, or for member of a | 2532 |
|
city,
local, or exempted village board of education, or for member | 2533 |
|
of a
governing board of an educational service center, if the | 2534 |
|
declaration of candidacy, declaration of intent to be a write-in | 2535 |
|
candidate, or nominating petition is for a municipal or township | 2536 |
|
office, or for member of a city, local, or exempted village board | 2537 |
|
of education, or for member of a governing board of an
educational | 2538 |
|
service center. | 2539 |
| (a) If each office or the district for each office for which | 2545 |
|
the person is seeking nomination is wholly within a single
county | 2546 |
|
and none of those offices is a federal office,
the secretary of | 2547 |
|
state shall notify the board of elections
of that
county. The | 2548 |
|
board then shall determine the
date on which the
person first | 2549 |
|
sought to become a candidate for
each of those
offices by filing a | 2550 |
|
declaration of candidacy or a
declaration of
intent to be a | 2551 |
|
write-in candidate or by the filling
of a vacancy
under section | 2552 |
|
3513.30 of the Revised Code. The board
shall vote
promptly to | 2553 |
|
disqualify that person as a candidate for each office
for
which | 2554 |
|
the person sought to become a candidate after the date
on
which | 2555 |
|
the person first sought to become a candidate for any of
those | 2556 |
|
offices. If the board determines that the person sought to
become | 2557 |
|
a candidate for more than one of those offices on the same
date, | 2558 |
|
the board shall vote promptly to disqualify that person as a | 2559 |
|
candidate for
each office that would be listed on the ballot below | 2560 |
|
the highest office for which that person seeks nomination, | 2561 |
|
according to the ballot order prescribed under section 3505.03 of | 2562 |
|
the Revised Code. | 2563 |
| (b) If one or more of the offices for which the person is | 2564 |
|
seeking nomination is a state office or an office with a district | 2565 |
|
larger than a single county and none of the offices for which the | 2566 |
|
person is seeking nomination is a federal office, the secretary of | 2567 |
|
state shall
determine the date on which the person first sought to | 2568 |
|
become a
candidate for each of those offices by filing a | 2569 |
|
declaration of
candidacy or a declaration of intent to be a | 2570 |
|
write-in candidate or
by the filling of a vacancy under section | 2571 |
|
3513.30 of the Revised
Code. The secretary of state shall order | 2572 |
|
the board of elections
of each county in which the person is | 2573 |
|
seeking to appear on
the
ballot to disqualify that person as a | 2574 |
|
candidate for each
office
for which the person sought to become a | 2575 |
|
candidate after the
date
on which the person first sought to | 2576 |
|
become a candidate for
any of
those offices. If the secretary of | 2577 |
|
state determines that
the
person sought to become a candidate for | 2578 |
|
more than one of those
offices on the same date, the secretary of | 2579 |
|
state shall order the
board of elections of each county in which | 2580 |
|
the person is seeking
to appear on the ballot to disqualify that | 2581 |
|
person as a
candidate
for each office that would be listed on the | 2582 |
|
ballot below the
highest office for which that person seeks | 2583 |
|
nomination, according
to the ballot order prescribed under section | 2584 |
|
3505.03 of the
Revised Code. Each
board of elections so notified | 2585 |
|
shall vote
promptly to disqualify
the person as a candidate in | 2586 |
|
accordance
with the order of the
secretary of state. | 2587 |
| (d) If one or more of the offices for which the person is | 2594 |
|
seeking nomination is a state office and any of the offices for | 2595 |
|
which the person is seeking nomination is a federal office, the | 2596 |
|
secretary of state shall order the board of elections of each | 2597 |
|
county in which the person is seeking to appear on the ballot to | 2598 |
|
disqualify that person as a candidate for each office that is not | 2599 |
|
a federal office. Each board of elections so notified shall vote | 2600 |
|
promptly to disqualify the person as a candidate in accordance | 2601 |
|
with the order of the secretary of state. | 2602 |
| (a) If each office or the district for each office for which | 2607 |
|
the person is seeking nomination is wholly within that
county and | 2608 |
|
none of those offices is a federal office,
the board shall | 2609 |
|
determine the date on which
the person first
sought to become a | 2610 |
|
candidate for each of those
offices by filing a
declaration of | 2611 |
|
candidacy or a declaration of
intent to be a
write-in candidate or | 2612 |
|
by the filling of a vacancy
under section
3513.30 of the Revised | 2613 |
|
Code. The board shall
vote promptly to
disqualify that person as a | 2614 |
|
candidate for each office for which
the person sought to become a | 2615 |
|
candidate after the date on which
the person first sought to | 2616 |
|
become a candidate for any of those
offices. If the board | 2617 |
|
determines that the person sought to become
a candidate for more | 2618 |
|
than one of those offices on the same date,
the board shall vote | 2619 |
|
promptly to disqualify that person as a
candidate for each office | 2620 |
|
that would be listed on the ballot below
the highest office for | 2621 |
|
which that person seeks nomination,
according to the ballot order | 2622 |
|
prescribed under section 3505.03 of
the Revised Code. | 2623 |
| (b) If one or more of the offices for which the person is | 2624 |
|
seeking nomination is a state office or an office with a district | 2625 |
|
larger than a single county and none of the offices for which the | 2626 |
|
person is seeking nomination is a federal office, the board shall | 2627 |
|
notify
the secretary
of state. The secretary of state then shall | 2628 |
|
determine the date on
which the person first sought to become a | 2629 |
|
candidate for each of
those offices by filing a declaration of | 2630 |
|
candidacy or a
declaration of intent to be a write-in candidate or | 2631 |
|
by the filling
of a vacancy under section 3513.30 of the Revised | 2632 |
|
Code. The
secretary of state shall order the board of elections
of | 2633 |
|
each
county in which the person is seeking to appear on
the ballot | 2634 |
|
to
disqualify that person as a candidate for each
office for which | 2635 |
|
the person sought to become a candidate after the
date on which | 2636 |
|
the person first sought to become a candidate for
any of those | 2637 |
|
offices. If the secretary of state determines that
the person | 2638 |
|
sought to become a candidate for more than one of those
offices on | 2639 |
|
the same date, the secretary of state shall order the
board of | 2640 |
|
elections of each county in which the person is seeking to appear | 2641 |
|
on the ballot to disqualify that person as a
candidate for each | 2642 |
|
office that would be listed on the ballot below the highest office | 2643 |
|
for which that person seeks nomination, according to the ballot | 2644 |
|
order prescribed under section 3505.03 of the Revised Code. Each | 2645 |
|
board of elections so notified shall vote promptly to disqualify | 2646 |
|
the person as a candidate in accordance with the order of the | 2647 |
|
secretary of state. | 2648 |
| (d) If one or more of the offices for which the person is | 2654 |
|
seeking nomination is a state office and any of the offices for | 2655 |
|
which the person is seeking nomination is a federal office, the | 2656 |
|
board shall notify the secretary of state. The secretary of state | 2657 |
|
then shall order the board of elections of each county in which | 2658 |
|
the person is seeking to appear on the ballot to disqualify that | 2659 |
|
person as a candidate for each office that is not a federal | 2660 |
|
office. Each board of elections so notified shall vote promptly to | 2661 |
|
disqualify the person as a candidate in accordance with the order | 2662 |
|
of the secretary of state. | 2663 |
| (a) If each office or the district for each office for which | 2669 |
|
the person is seeking election is wholly within a single
county | 2670 |
|
and none of those offices is a federal office,
the secretary of | 2671 |
|
state shall notify the board of elections
of that
county. The | 2672 |
|
board then shall determine the
offices for which the
person seeks | 2673 |
|
to appear as a candidate on the ballot.
The
board
shall vote | 2674 |
|
promptly to disqualify that person as a candidate for
each
office | 2675 |
|
that would be listed on the ballot below the highest
office
for | 2676 |
|
which that person seeks election, according to the
ballot
order | 2677 |
|
prescribed under section 3505.03 of the Revised Code.
If the | 2678 |
|
person sought nomination at a primary election and has not
yet | 2679 |
|
been issued a certificate of nomination, the board shall not
issue | 2680 |
|
that certificate for that person for any office that would
be | 2681 |
|
listed on the ballot below the highest office for which that | 2682 |
|
person seeks election, according to the ballot order prescribed | 2683 |
|
under section 3505.03 of the Revised Code. | 2684 |
| (b) If one or more of the offices for which the person is | 2685 |
|
seeking election is a state office or an office with a district | 2686 |
|
larger than a single county and none of the offices for which the | 2687 |
|
person is seeking election is a federal office, the secretary of | 2688 |
|
state shall promptly
investigate and determine the offices for | 2689 |
|
which the person seeks
to appear as a candidate on the ballot. The | 2690 |
|
secretary of state
shall order
the board of elections of each | 2691 |
|
county in which the
person is seeking to appear on the ballot to | 2692 |
|
disqualify that
person as a
candidate for each office that would | 2693 |
|
be listed on the
ballot below
the highest office for which that | 2694 |
|
person seeks
election, according
to the ballot order prescribed | 2695 |
|
under section
3505.03 of the
Revised Code. Each board of elections | 2696 |
|
so notified
shall vote
promptly to disqualify the person as a | 2697 |
|
candidate in
accordance
with the order of the secretary of state. | 2698 |
|
If the person
sought nomination at a primary election and has not | 2699 |
|
yet been
issued a certificate of nomination, the board shall not | 2700 |
|
issue that
certificate for that person for any office that would | 2701 |
|
be listed on
the ballot below the highest office for which that | 2702 |
|
person seeks
election, according to the ballot order prescribed | 2703 |
|
under section
3505.03 of the Revised Code. | 2704 |
| (c) If each office or the district for each office for which | 2705 |
|
the person is seeking election is wholly within a single county | 2706 |
|
and any of those offices is a federal office, the secretary of | 2707 |
|
state shall notify the board of elections of that county. The | 2708 |
|
board then shall vote promptly to disqualify that person as a | 2709 |
|
candidate for each office that is not a federal office. If the | 2710 |
|
person sought nomination at a primary election and has not yet | 2711 |
|
been issued a certificate of nomination, the board shall not issue | 2712 |
|
that certificate for that person for any office that is not a | 2713 |
|
federal office. | 2714 |
| (d) If one or more of the offices for which the person is | 2715 |
|
seeking election is a state office and any of the offices for | 2716 |
|
which the person is seeking election is a federal office, the | 2717 |
|
secretary of state shall order the board of elections of each | 2718 |
|
county in which the person is seeking to appear on the ballot to | 2719 |
|
disqualify that person as a candidate for each office that is not | 2720 |
|
a federal office. Each board of elections so notified shall vote | 2721 |
|
promptly to disqualify the person as a candidate in accordance | 2722 |
|
with the order of the secretary of state. If the person sought | 2723 |
|
nomination at a primary election and has not yet been issued a | 2724 |
|
certificate of nomination, the board shall not issue that | 2725 |
|
certificate for that person for any office that is not a federal | 2726 |
|
office. | 2727 |
| (a) If each office or the district for each office for which | 2733 |
|
the person is seeking election is wholly within that
county and | 2734 |
|
none of those offices is a federal office, the
board shall | 2735 |
|
determine the offices for
which the person seeks to
appear as a | 2736 |
|
candidate on the ballot. The board
shall vote
promptly to | 2737 |
|
disqualify that person as a candidate for each office
that
would | 2738 |
|
be listed on the ballot below the highest office for
which
that | 2739 |
|
person seeks election, according to the ballot order
prescribed | 2740 |
|
under section 3505.03 of the Revised Code. If the
person sought | 2741 |
|
nomination at a primary election and has not yet
been issued a | 2742 |
|
certificate of nomination, the board shall not issue
that | 2743 |
|
certificate for that person for any office that would be
listed on | 2744 |
|
the ballot below the highest office for which that
person seeks | 2745 |
|
election, according to the ballot order prescribed
under section | 2746 |
|
3505.03 of the Revised Code. | 2747 |
| (b) If one or more of the offices for which the person is | 2748 |
|
seeking election is a state office or an office with a district | 2749 |
|
larger than a single county and none of the offices for which the | 2750 |
|
person is seeking election is a federal office, the board shall | 2751 |
|
notify
the secretary
of state. The secretary of state promptly | 2752 |
|
shall
investigate and
determine the offices for which the person | 2753 |
|
seeks to appear as a
candidate on the ballot. The secretary of | 2754 |
|
state shall order
the
board of elections of each county in which | 2755 |
|
the person is seeking
to appear on the ballot to disqualify that | 2756 |
|
person as a
candidate
for each office that would be listed on the | 2757 |
|
ballot below
the
highest office for which that person seeks | 2758 |
|
election,
according to
the ballot order prescribed under section | 2759 |
|
3505.03 of
the Revised
Code. Each board of elections so notified | 2760 |
|
shall vote
promptly to
disqualify the person as a candidate in | 2761 |
|
accordance
with the order
of the secretary of state. If the person | 2762 |
|
sought nomination at a
primary election and has not yet been | 2763 |
|
issued a certificate of
nomination, the board shall not issue that | 2764 |
|
certificate for that
person for any office that would be listed on | 2765 |
|
the ballot below the
highest office for which that person seeks | 2766 |
|
election, according to
the ballot order prescribed under section | 2767 |
|
3505.03 of the Revised
Code. | 2768 |
| (c) If each office or the district for each office for which | 2769 |
|
the person is seeking election is wholly within that county and | 2770 |
|
any of those offices is a federal office, the board shall vote | 2771 |
|
promptly to disqualify that person as a candidate for each office | 2772 |
|
that is not a federal office. If the person sought nomination at a | 2773 |
|
primary election and has not yet been issued a certificate of | 2774 |
|
nomination, the board shall not issue that certificate for that | 2775 |
|
person for any office that is not a federal office. | 2776 |
| (d) If one or more of the offices for which the person is | 2777 |
|
seeking election is a state office and any of the offices for | 2778 |
|
which the person is seeking election is a federal office, the | 2779 |
|
board shall notify the secretary of state. The secretary of state | 2780 |
|
shall order the board of elections of each county in which the | 2781 |
|
person is seeking to appear on the ballot to disqualify that | 2782 |
|
person as a candidate for each office that is not a federal | 2783 |
|
office. Each board of elections so notified shall vote promptly to | 2784 |
|
disqualify the person as a candidate in accordance with the order | 2785 |
|
of the secretary of state. If the person sought nomination at a | 2786 |
|
primary election and has not yet been issued a certificate of | 2787 |
|
nomination, the board shall not issue that certificate for that | 2788 |
|
person for any office that is not a federal office. | 2789 |
| (E) When a person is disqualified as a candidate under | 2790 |
|
division (C) or (D) of this section, on or before the sixtieth day | 2791 |
|
before the day of the applicable election, or, if the election is | 2792 |
|
a presidential primary election, on or before the forty-fifth day | 2793 |
|
before the day of the presidential primary election, the board of | 2794 |
|
elections shall remove the person's name from the ballot for any | 2795 |
|
office for which that person has
been disqualified as a candidate | 2796 |
|
according to the
directions of the secretary of state. When a | 2797 |
|
person is disqualified as a candidate under division (C) or (D) of | 2798 |
|
this section after the sixtieth day before the day of the | 2799 |
|
applicable election, or, if the election is a presidential primary | 2800 |
|
election, after the forty-fifth day before the day of the | 2801 |
|
presidential primary election, the board of elections shall not | 2802 |
|
remove the person's name from the ballot for any office for which | 2803 |
|
that person has been disqualified as a candidate. The board of | 2804 |
|
elections shall post a notice at each polling location on the day | 2805 |
of the applicable election, and shall enclose with each absent | 2806 |
voter'searly voting ballot given or mailed after the candidate is | 2807 |
|
disqualified, a notice that votes for the person for the office | 2808 |
|
for which the person has been disqualified as a candidate will be | 2809 |
|
void and will not be counted. If the
name is not removed
from the | 2810 |
|
ballots before the day of the
election, the votes for the | 2811 |
|
disqualified candidate are void and
shall not be counted. | 2812 |
| (G) Nothing in this section or section 3513.04, 3513.041, | 2817 |
|
3513.05, 3513.251, 3513.253, 3513.254, 3513.255, 3513.257, | 2818 |
|
3513.259, or 3513.261 of the Revised Code prohibits, and the | 2819 |
|
secretary of state or a board of
elections shall not disqualify, a | 2820 |
|
person from being a candidate
for an office, if that person timely | 2821 |
|
withdraws as a candidate
for any offices specified in division (A) | 2822 |
|
of this section for which that person
first sought to become a | 2823 |
|
candidate by filing a declaration of candidacy and petition, a | 2824 |
|
declaration of intent to be a write-in candidate, or a nominating | 2825 |
|
petition, by party nomination in a primary election, or by the | 2826 |
|
filling of a vacancy under section 3513.30 or 3513.31 of the | 2827 |
|
Revised Code. | 2828 |
| (1) "State office" means the offices of governor, lieutenant | 2830 |
|
governor, secretary of state, auditor of state, treasurer of | 2831 |
|
state, attorney general, member of the state board of education, | 2832 |
|
member of the general assembly, chief justice of the supreme | 2833 |
|
court, and justice of the supreme court. | 2834 |
| Sec. 3513.15. The names of the candidates in each group of | 2846 |
|
two or more candidates seeking the same nomination or election at | 2847 |
|
a primary election, except delegates and alternates to the | 2848 |
|
national convention of a political party, shall be rotated and | 2849 |
|
printed as provided in section 3505.03 of the Revised Code,
except | 2850 |
|
that no indication of membership in or affiliation with a | 2851 |
|
political party shall be printed after or under the candidate's | 2852 |
|
name. When the names of the first choices for president of | 2853 |
|
candidates for delegate and alternate are not grouped with the | 2854 |
|
names of such candidates, the names of the first choices for | 2855 |
|
president shall be rotated in the same manner as the names of | 2856 |
|
candidates. The specific form and size of the ballot shall be | 2857 |
|
prescribed by the secretary of state in compliance with this | 2858 |
|
chapter. | 2859 |
| (2) A vacancy may be filled under division
(A)(1)(a) and a | 2887 |
|
selection may be made under division
(A)(1)(b) of this section
by | 2888 |
|
the appropriate committee of the political party in the same | 2889 |
|
manner as provided in divisions
(A)
to (E) of section
3513.31
of | 2890 |
|
the Revised Code for the filling of similar vacancies
created
by | 2891 |
|
withdrawals
or disqualifications under section 3513.052
of the | 2892 |
|
Revised Code after the primary election, except that
the | 2893 |
|
certification required under that
section may not be filed with | 2894 |
|
the secretary of state, or with a board of the most populous | 2895 |
|
county of a district, or with the board of a county in which the | 2896 |
|
major portion of the population of a subdivision is located,
later | 2897 |
|
than four p.m. of the tenth day before the day of such
primary | 2898 |
|
election, or with any other board later than four p.m.
of the | 2899 |
|
fifth day before the day of such primary election. | 2900 |
| (3) If only one valid declaration of candidacy is
filed for | 2901 |
|
nomination as a candidate of a political party for an
office and | 2902 |
|
that candidate dies on or after the tenth day before
the day of | 2903 |
|
the primary election, that candidate is considered to
have | 2904 |
|
received the nomination of that candidate's political party at | 2905 |
|
that
primary election, and, for purposes of filling the vacancy so | 2906 |
|
created,
that candidate's death shall be treated as if that | 2907 |
|
candidate died on the day
after the day of the primary election. | 2908 |
| (B) Any person filing a declaration of candidacy may
withdraw | 2909 |
|
as such candidate at any time prior to the primary
election, or, | 2910 |
|
if the primary
election is a presidential primary
election, at any | 2911 |
|
time prior to
the fiftieth day before the
presidential primary | 2912 |
|
election. The withdrawal
shall be effected
and
the statement of | 2913 |
|
withdrawal shall be filed in accordance with
the
procedures | 2914 |
|
prescribed in division (D) of this section
for the
withdrawal of | 2915 |
|
persons nominated in a primary election or
by
nominating petition. | 2916 |
| (C) A person who is the first choice for president of
the | 2917 |
|
United States by a candidate for delegate or alternate to a | 2918 |
|
national convention of a political party may withdraw consent
for | 2919 |
|
the selection of the person as such first choice
no later than | 2920 |
|
four p.m. of
the thirtieth day before the day of the
presidential | 2921 |
|
primary election. Withdrawal
of consent shall be for the entire | 2922 |
|
slate of
candidates for delegates and alternates who named such | 2923 |
|
person as
their presidential first choice and shall constitute | 2924 |
|
withdrawal
from the primary election by such delegates and | 2925 |
|
alternates. The
withdrawal shall be made in writing and delivered | 2926 |
|
to the
secretary of state. If the withdrawal is delivered to the | 2927 |
|
secretary of state on or before the sixtieth day before the day of | 2928 |
|
the primary election, or, if the election is a presidential | 2929 |
|
primary election, on or before the forty-fifth day before the day | 2930 |
|
of the presidential primary election, the boards of elections | 2931 |
|
shall remove
both
the name of the withdrawn first choice and the | 2932 |
|
names of such
withdrawn candidates from the ballots according to | 2933 |
|
the
directions of the secretary of state. If the withdrawal is | 2934 |
|
delivered to the secretary of state after the sixtieth day before | 2935 |
|
the day of the primary election, or, if the election is a | 2936 |
|
presidential primary election, after the forty-fifth day before | 2937 |
|
the day of the presidential primary election, the board of | 2938 |
|
elections shall not remove the name of the withdrawn first choice | 2939 |
|
and the names of the withdrawn candidates from the ballots. The | 2940 |
|
board of elections shall post a notice at each polling location on | 2941 |
|
the day of the primary election, and shall enclose with each | 2942 |
absent voter'searly voting ballot given or mailed after the | 2943 |
|
candidate withdraws, a notice that votes for the withdrawn first | 2944 |
|
choice or the withdrawn candidates will be void and will not be | 2945 |
|
counted. If such names are not
removed from all ballots before the | 2946 |
|
day of the election, the
votes
for the withdrawn first choice or | 2947 |
|
the withdrawn candidates are void and
shall
not be counted. | 2948 |
| (D) Any person nominated in a primary election or by | 2949 |
|
nominating
petition as a candidate for election at the next | 2950 |
|
general election
may withdraw as such candidate at any time prior | 2951 |
|
to the
general election.
Such
withdrawal may be effected by the | 2952 |
|
filing of a written statement
by such candidate announcing the | 2953 |
|
candidate's withdrawal and
requesting that the candidate's name | 2954 |
|
not be printed on the
ballots. If such candidate's
declaration of | 2955 |
|
candidacy or nominating petition was filed with
the secretary of | 2956 |
|
state, the candidate's statement of
withdrawal shall be
addressed | 2957 |
|
to and filed with the secretary of state. If such
candidate's | 2958 |
|
declaration of candidacy or nominating petition was
filed with a | 2959 |
|
board of elections, the candidate's statement
of withdrawal
shall | 2960 |
|
be addressed to and filed with such board. | 2961 |
| (E) When a person withdraws under division
(B) or (D) of
this | 2962 |
|
section on or before the sixtieth day before the day of the | 2963 |
|
primary election, or, if the election is a presidential primary | 2964 |
|
election, on or before the forty-fifth day before the day of the | 2965 |
|
presidential primary election, the board of
elections shall remove | 2966 |
|
the name of the
withdrawn candidate from
the ballots according to | 2967 |
|
the
directions of the
secretary of state. When a person withdraws | 2968 |
|
under division (B) or (D) of this section after the sixtieth day | 2969 |
|
before the day of the primary election, or, if the election is a | 2970 |
|
presidential primary election, after the forty-fifth day before | 2971 |
|
the day of the presidential primary election, the board of | 2972 |
|
elections shall not remove the name of the withdrawn candidate | 2973 |
|
from the ballots. The board of elections shall post a notice at | 2974 |
|
each polling place on the day of the primary election, and shall | 2975 |
enclose with each absent voter'searly voting ballot given or | 2976 |
|
mailed after the candidate withdraws, a notice that votes for the | 2977 |
|
withdrawn candidate will be void and will not be counted. If the | 2978 |
|
name is not removed
from all ballots
before the day of the | 2979 |
|
election, the votes for the
withdrawn
candidate are void and shall | 2980 |
|
not be counted. | 2981 |
| Any group of five or more qualified electors may file with | 2995 |
|
the board of a county a written application for a recount of the | 2996 |
|
votes cast at an election in any precinct in such county upon any | 2997 |
|
question or issue, provided that the members of such group shall | 2998 |
|
state in such application either that they voted "Yes" or in
favor | 2999 |
|
of such question or issue and that such question or issue
was | 3000 |
|
declared defeated or rejected, or that they voted "No" or
against | 3001 |
|
such question or issue and that such question or issue
was | 3002 |
|
declared carried or adopted. Such group of electors shall,
in such | 3003 |
application, designate one of the members of the group as
chairman | 3004 |
| chairperson, and shall indicate therein the voting
residence of | 3005 |
|
each member of such group. In all such applications the person | 3006 |
designated as chairmanchairperson is the applicant for the | 3007 |
|
purposes of sections 3515.01 to 3515.07 of the Revised Code, and | 3008 |
|
all notices
required by section 3515.03 of the Revised Code to be | 3009 |
|
given to an
applicant for a recount shall be given to such person. | 3010 |
| (2) An expenditure by
a political party shall not be | 3028 |
|
considered a contribution by the
political party or an expenditure | 3029 |
|
by or on behalf of the
candidate if the purpose of the expenditure | 3030 |
|
is to inform
predominantly the party's members by means of mailed | 3031 |
|
publications or other direct communication of its activities or | 3032 |
endorsements, or for voter contact such as sample
ballots, absent | 3033 |
voter'searly voting ballots application mailings, voter | 3034 |
|
registration, or get-out-the-vote activities. | 3035 |
| (C) An expenditure by a continuing association, political | 3036 |
|
contributing entity, or
political party shall not be considered a | 3037 |
|
contribution to any
campaign committee or an expenditure by or on | 3038 |
|
behalf of any
campaign committee if the purpose of the expenditure | 3039 |
|
is for the
staff and maintenance of the continuing association's, | 3040 |
|
political contributing entity's, or
political party's | 3041 |
|
headquarters, or for a political poll, survey,
index, or other | 3042 |
|
type of measurement not on behalf of a specific
candidate. | 3043 |
| (F) An expenditure that purchases goods or services shall
be | 3054 |
|
attributed to an election when the disbursement of funds is
made, | 3055 |
|
rather than at the time the goods or services are used. The | 3056 |
|
secretary
of state, under the procedures of Chapter 119. of
the | 3057 |
|
Revised Code, shall establish rules for the attribution of | 3058 |
|
expenditures to a candidate when the candidate is a candidate
for | 3059 |
|
more than one office during a reporting period and for | 3060 |
|
expenditures made
in a year in which no election is held. The | 3061 |
|
secretary of
state shall
further define by rule those expenditures | 3062 |
|
that are or are not by or on behalf
of a candidate. | 3063 |
| (G) An expenditure for the purpose of a charitable
donation | 3064 |
|
may be made if it is made to an organization that is
exempt from | 3065 |
|
federal income taxation under subsection 501(a) and
described in | 3066 |
|
subsection 501(c)(3), 501(c)(4), 501(c)(8),
501(c)(10), or | 3067 |
|
501(c)(19) of the Internal Revenue Code or is
approved by advisory | 3068 |
|
opinion of the Ohio elections commission as
a legitimate | 3069 |
|
charitable organization. Each expenditure under
this division | 3070 |
|
shall be separately itemized on statements made pursuant to | 3071 |
|
section 3517.10 of the Revised Code. | 3072 |
| Sec. 3599.11. (A) No person shall knowingly register or
make | 3073 |
|
application or attempt to register in a precinct in which the | 3074 |
|
person is
not a qualified voter; or knowingly aid or abet any | 3075 |
|
person to
so register; or attempt to register or knowingly induce | 3076 |
|
or
attempt to induce any person to so register; or
knowingly | 3077 |
|
impersonate another or write or assume the name of another, real | 3078 |
|
or fictitious, in registering or attempting to register; or by | 3079 |
|
false statement or other unlawful means procure, aid, or attempt | 3080 |
|
to procure the erasure or striking out on the register or | 3081 |
|
duplicate list of the name of a qualified elector therein; or | 3082 |
|
knowingly induce or attempt to induce a registrar
or other | 3083 |
|
election authority to refuse registration in a precinct to an | 3084 |
|
elector thereof; or knowingly swear or
affirm
falsely upon a | 3085 |
|
lawful examination by or before any
registering officer; or make, | 3086 |
|
print, or issue any false or
counterfeit certificate of | 3087 |
|
registration or
knowingly alter any
certificate of registration. | 3088 |
| (2)(a) No person who helps another person register outside an | 3103 |
|
official voter registration place shall knowingly fail to return | 3104 |
|
any registration
form entrusted to that person to any board of | 3105 |
|
elections or the office of the secretary of state within ten days | 3106 |
after that regsitrationregistration form is completed, or on or | 3107 |
|
before the thirtieth day before the election, whichever day is | 3108 |
|
earlier, unless the registration form is received by the person | 3109 |
|
within twenty-four hours of the thirtieth day before the election, | 3110 |
|
in which case the person shall return the registration form to any | 3111 |
|
board of elections or the office of the secretary of state within | 3112 |
|
ten days of its receipt. | 3113 |
| Whoever violates this division is guilty of election | 3114 |
|
falsification, a felony of the fifth degree, unless the person has | 3115 |
|
not previously been convicted of a violation of division | 3116 |
|
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 3117 |
|
violation of this division does not cause any person to miss any | 3118 |
|
voter registration deadline with regard to any election, and the | 3119 |
|
number of voter registration forms that the violator has failed to | 3120 |
|
properly return does not exceed forty-nine, in which case the | 3121 |
|
violator is guilty of a misdemeanor of the first degree. | 3122 |
| Whoever violates this division is guilty of election | 3128 |
|
falsification, a felony of the fifth degree, unless the person has | 3129 |
|
not previously been convicted of a violation of division | 3130 |
|
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 3131 |
|
violation of this division does not cause any person to miss any | 3132 |
|
voter registration deadline with regard to any election, and the | 3133 |
|
number of voter registration forms that the violator has failed to | 3134 |
|
properly return does not exceed forty-nine, in which case the | 3135 |
|
violator is guilty of a misdemeanor of the first degree. | 3136 |
| (C)(1) No person who receives compensation for registering a | 3137 |
|
voter shall knowingly fail to return any registration form | 3138 |
|
entrusted to that person to any board of elections or the office | 3139 |
|
of the secretary of state within ten days after that voter | 3140 |
|
registration form is completed, or on or before the thirtieth day | 3141 |
|
before the election, whichever is earlier, unless the registration | 3142 |
|
form is received by the person within twenty-four hours of the | 3143 |
|
thirtieth day before the election, in which case the person shall | 3144 |
|
return the registration form to any board of elections or the | 3145 |
office of the secrtarysecretary of state within ten days of its | 3146 |
|
receipt. | 3147 |
| Whoever violates this division is guilty of election | 3148 |
|
falsification, a felony of the fifth degree, unless the person has | 3149 |
|
not previously been convicted of a violation of division | 3150 |
|
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 3151 |
|
violation of this division does not cause any person to miss any | 3152 |
|
voter registration deadline with regard to any election, and the | 3153 |
|
number of voter registration forms that the violator has failed to | 3154 |
|
properly return does not exceed forty-nine, in which case the | 3155 |
|
violator is guilty of a misdemeanor of the first degree. | 3156 |
| Whoever violates this division is guilty of election | 3161 |
|
falsification, a felony of the fifth degree, unless the person has | 3162 |
|
not previously been convicted of a violation of division | 3163 |
|
(B)(2)(a), (B)(2)(b), (C)(1), or (C)(2) of this section, the | 3164 |
|
violation of this division does not cause any person to miss any | 3165 |
|
voter registration deadline with regard to any election, and the | 3166 |
|
number of voter registration forms that the violator has failed to | 3167 |
|
properly return does not exceed forty-nine, in which case the | 3168 |
|
violator is guilty of a misdemeanor of the first degree. | 3169 |
| (2) Vote or attempt to vote more
than once at the same | 3178 |
|
election
by any means, including voting or attempting to vote both | 3179 |
by absent
voter'searly voting ballots under division
(G) of | 3180 |
|
section 3503.16 of the
Revised Code and by regular ballot at
the | 3181 |
|
polls at the same election, or voting or attempting to vote
both | 3182 |
by absent voter'searly voting ballots under division
(G) of | 3183 |
section 3503.16 of the
Revised Code and by absent voter'searly | 3184 |
voting
ballots under Chapter 3509. or armed service absent voter's | 3185 |
| early voting
ballots under Chapter 3511. of the
Revised Code at | 3186 |
|
the same
election; | 3187 |
| Section 2. That existing sections 3501.05, 3501.29, 3501.90, | 3247 |
|
3503.16, 3504.04, 3505.03, 3505.181, 3505.182, 3505.20, 3509.01, | 3248 |
|
3509.02, 3509.021, 3509.022, 3509.03, 3509.031, 3509.04, 3509.05, | 3249 |
|
3509.06, 3509.07, 3509.08, 3509.09, 3511.01, 3511.02, 3511.03, | 3250 |
|
3511.04, 3511.05, 3511.051, 3511.06, 3511.08, 3511.09, 3511.10, | 3251 |
|
3511.11, 3511.12, 3511.13, 3513.052, 3513.15, 3513.30, 3515.01, | 3252 |
|
3517.08, 3599.11, 3599.12, and 3599.21 of the Revised Code are | 3253 |
|
hereby repealed. | 3254 |
| Section 3. Notwithstanding any provision of the Revised Code | 3255 |
|
to the contrary, any absent voter's ballot prepared under Chapter | 3256 |
|
3509. or 3511. of the Revised Code prior to the effective date of | 3257 |
|
this act for use in an election conducted on or after the | 3258 |
|
effective date of this act may be used in that election as if the | 3259 |
|
ballot were an early voting ballot, regardless of whether the | 3260 |
|
words "absent voter's ballot" appear on the ballot, identification | 3261 |
|
envelope, or return envelope. | 3262 |