As Introduced

127th General Assembly
Regular Session
2007-2008
S. B. No. 380


Senator Seitz 


A BILL
To amend sections 3503.15, 3505.21, 3509.02, 3509.03, 1
3509.04, 3509.05, 3509.06, 3509.07, 3511.01, 2
3511.02, 3511.05, and 3511.11 of the Revised Code 3
to require absent voter's ballot identification 4
envelope statements to be completed for absent 5
voter's ballots to be counted, to require boards 6
of elections to notify absent voters that their 7
ballots will be rejected if they do not complete 8
the required statement, to prohibit same day 9
voter registration and application for absent 10
voter's ballots, to permit election observers to 11
be appointed to serve at the board of elections 12
or at another designated site during the time 13
absent voter's ballots may be cast in person, and 14
to require the Secretary of State to notify 15
boards of elections of mismatches between voter 16
registration information and motor vehicle 17
records.18


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

       Section 1. That sections 3503.15, 3505.21, 3509.02, 3509.03, 19
3509.04, 3509.05, 3509.06, 3509.07, 3511.01, 3511.02, 3511.05, 20
and 3511.11 of the Revised Code be amended to read as follows:21

       Sec. 3503.15.  (A) The secretary of state shall establish and 22
maintain a statewide voter registration database that shall be 23
continuously available to each board of elections and to other 24
agencies as authorized by law.25

       (B) The statewide voter registration database established 26
under this section shall be the official list of registered voters 27
for all elections conducted in this state.28

       (C) The statewide voter registration database established 29
under this section shall, at a minimum, include all of the 30
following:31

       (1) An electronic network that connects all board of 32
elections offices with the office of the secretary of state and 33
with the offices of all other boards of elections;34

       (2) A computer program that harmonizes the records contained 35
in the database with records maintained by each board of 36
elections;37

       (3) An interactive computer program that allows access to the 38
records contained in the database by each board of elections and 39
by any persons authorized by the secretary of state to add, 40
delete, modify, or print database records, and to conduct updates 41
of the database;42

       (4) A search program capable of verifying registered voters 43
and their registration information by name, driver's license 44
number, birth date, social security number, or current address;45

       (5) Safeguards and components to ensure that the integrity, 46
security, and confidentiality of the voter registration 47
information is maintained.48

       (D) The secretary of state shall adopt rules pursuant to 49
Chapter 119. of the Revised Code doing all of the following:50

       (1) Specifying the manner in which existing voter 51
registration records maintained by boards of elections shall be 52
converted to electronic files for inclusion in the statewide voter 53
registration database;54

       (2) Establishing a uniform method for entering voter 55
registration records into the statewide voter registration 56
database on an expedited basis, but not less than once per day, if 57
new registration information is received;58

       (3) Establishing a uniform method for purging canceled voter 59
registration records from the statewide voter registration 60
database in accordance with section 3503.21 of the Revised Code;61

       (4) Specifying the persons authorized to add, delete, modify, 62
or print records contained in the statewide voter registration 63
database and to make updates of that database;64

       (5) Establishing a process for annually auditing the 65
information contained in the statewide voter registration 66
database.67

       (E) A board of elections promptly shall purge a voter's name 68
and voter registration information from the statewide voter 69
registration database in accordance with the rules adopted by the 70
secretary of state under division (D)(3) of this section after the 71
cancellation of a voter's registration under section 3503.21 of 72
the Revised Code.73

       (F) The secretary of state shall provide training in the 74
operation of the statewide voter registration database to each 75
board of elections and to any persons authorized by the secretary 76
of state to add, delete, modify, or print database records, and to 77
conduct updates of the database.78

       (G)(1) The statewide voter registration database established 79
under this section shall be made available on a web site of the 80
office of the secretary of state as follows:81

       (a) Except as otherwise provided in division (G)(1)(b) of 82
this section, only the following information from the statewide 83
voter registration database regarding a registered voter shall be 84
made available on the web site:85

       (i) The voter's name;86

       (ii) The voter's address;87

       (iii) The voter's precinct number;88

       (iv) The voter's voting history.89

       (b) During the thirty days before the day of a primary or 90
general election, the web site interface of the statewide voter 91
registration database shall permit a voter to search for the 92
polling location at which that voter may cast a ballot. 93

       (2) The secretary of state shall establish, by rule adopted 94
under Chapter 119. of the Revised Code, a process for boards of 95
elections to notify the secretary of state of changes in the 96
locations of precinct polling places for the purpose of updating 97
the information made available on the secretary of state's web 98
site under division (G)(1)(b) of this section. Those rules shall 99
require a board of elections, during the thirty days before the 100
day of a primary or general election, to notify the secretary of 101
state within one business day of any change to the location of a 102
precinct polling place within the county.103

       (3) During the thirty days before the day of a primary or 104
general election, not later than one business day after receiving 105
a notification from a county pursuant to division (G)(2) of this 106
section that the location of a precinct polling place has changed, 107
the secretary of state shall update that information on the 108
secretary of state's web site for the purpose of division 109
(G)(1)(b) of this section.110

       (H)(1) The secretary of state and the registrar of motor 111
vehicles shall enter into an agreement to match information in the 112
statewide voter registration database with motor vehicle records 113
for the purpose of verifying the accuracy of the information 114
provided on voter registration applications, as required under 42 115
U.S. 15483.116

       (2) The secretary of state shall notify the applicable board 117
of elections of any mismatches between voter registration 118
information and motor vehicle records that the secretary of state 119
receives under division (H)(1) of this section regarding persons 120
registered to vote in the applicable county. 121

       Sec. 3505.21. (A) As used in this section, "during the 122
casting of the ballots" includes any time during which a board of 123
elections permits an elector to vote an absent voter's ballot in 124
person at the office of the board or at another site designated by 125
the board under division (C) of section 3501.10 of the Revised 126
Code.127

       (B) At any primary, special, or general election, any 128
political party supporting candidates to be voted upon at such 129
election and any group of five or more candidates may appoint to 130
the board of elections or to any of the precincts in the county or 131
city one person, a qualified elector, who shall serve as observer132
for such party or such candidates during the casting of the 133
ballots and during the counting of the ballots; provided that 134
separate observers may be appointed to serve during the casting 135
and during the counting of the ballots. No candidate, no uniformed 136
peace officer as defined by section 2935.01 of the Revised Code, 137
no uniformed state highway patrol trooper, no uniformed member of 138
any fire department, no uniformed member of the armed services, no 139
uniformed member of the organized militia, no person wearing any 140
other uniform, and no person carrying a firearm or other deadly 141
weapon shall serve as an observer, nor shall any candidate be 142
represented by more than one observer at any one precinct or other 143
voting location except that a candidate who is a member of a party 144
controlling committee, as defined in section 3517.03 of the 145
Revised Code, may serve as an observer. Any146

       (C) Any political party or group of candidates appointing 147
observers shall notify the board of elections of the names and 148
addresses of its appointees and the precinctseach precinct or 149
other location at which they shall serve. Notification of 150
observers appointed to serve on the day of an election shall take 151
place not less than eleven days before the day of the election on 152
forms prescribed by the secretary of state and may be amended by 153
filing an amendment with the board of elections at any time until 154
four p.m. of the day before the election. Notification of 155
observers appointed to serve at the office of the board or at 156
another location during the time absent voter's ballots may be 157
cast in person shall take place not less than eleven days before 158
absent voter's ballots are required to be ready for use pursuant 159
to section 3509.01 of the Revised Code on forms prescribed by the 160
secretary of state and may be amended by filing an amendment with 161
the board of elections at any time until four p.m. of the day 162
before the observer is appointed to serve. The observer serving on 163
behalf of a political party shall be appointed in writing by the 164
chairperson and secretary of the respective controlling party 165
committee. Observers serving for any five or more candidates shall 166
have their certificates signed by those candidates. Observers 167
appointed to a precinct may file their certificates of appointment168
with the presiding judge of the precinct at the meeting on the169
evening prior to the election, or with the presiding judge of the170
precinct on the day of the election. UponObservers appointed to 171
the office of the board or another designated site to observe the 172
casting of absent voter's ballots in person prior to the day of 173
the election may file their certificates with the director of the 174
board of elections the day before or on the day that the observers 175
are scheduled to serve at the office of the board or other 176
designated site.177

       Upon the filing of a certificate, the person named as 178
observer in the certificate shall be permitted to be in and about 179
the applicable polling place for the precinct during the casting180
of the ballots and shall be permitted to watch every proceeding of 181
the judges of elections from the time of the opening until the 182
closing of the polls. The observer also may inspect the counting 183
of all ballots in the polling place or board of elections from the 184
time of the closing of the polls until the counting is completed 185
and the final returns are certified and signed. Observers 186
appointed to serve at the board of elections on the day of an 187
election under this section may observe at the board of elections 188
and may observe at any precinct in the county. The judges of 189
elections shall protect such observers in all of the rights and 190
privileges granted to them by Title XXXV of the Revised Code.191

       (D) No persons other than the judges of elections, the 192
observers, a police officer, other persons who are detailed to any 193
precinct on request of the board of elections, or the secretary of 194
state or the secretary of state's legal representative shall be 195
admitted to the polling place, or any room in which a board of 196
elections is counting ballots, after the closing of the polls 197
until the counting, certifying, and signing of the final returns 198
of each election have been completed.199

       (E) Not later than four p.m. of the twentieth day prior to an 200
election at which questions are to be submitted to a vote of the 201
people, any committee that in good faith advocates or opposes a 202
measure may file a petition with the board of any county asking 203
that the petitioners be recognized as the committee entitled to 204
appoint observers to the count at the election. If more than one205
committee alleging themselves to advocate or oppose the same206
measure file such a petition, the board shall decide and announce207
by registered mail to each committee not less than twelve days208
immediately preceding the election which committee is recognized 209
as being entitled to appoint observers. The decision shall not be 210
final, but any aggrieved party may institute mandamus proceedings 211
in the court of common pleas of the county in which the board has212
jurisdiction to compel the judges of elections to accept the213
appointees of such aggrieved party. Any such recognized committee 214
may appoint an observer to the count in each precinct. Committees 215
appointing observers shall notify the board of elections of the 216
names and addresses of its appointees and the precincts at which 217
they shall serve. Notification shall take place not less than 218
eleven days before the election on forms prescribed by the 219
secretary of state and may be amended by filing an amendment with 220
the board of elections at any time until four p.m. on the day 221
before the election. A person so appointed shall file the person's 222
certificate of appointment with the presiding judge in the 223
precinct in which the person has been appointed to serve. 224
Observers shall file their certificates before the polls are 225
closed. In no case shall more than six observers be appointed for 226
any one election in any one precinct. If more than three questions 227
are to be voted on, the committees which have appointed observers 228
may agree upon not to exceed six observers, and the judges of 229
elections shall appoint such observers. If such committees fail to 230
agree, the judges of elections shall appoint six observers from 231
the appointees so certified, in such manner that each side of the 232
several questions shall be represented.233

       (F) No person shall serve as an observer at any precinct or 234
other voting location unless the board of elections of the county 235
in which such observer is to serve has first been notified of the 236
name, address, and precinct or other location at which such 237
observer is to serve. Notification to the board of elections shall 238
be given by the political party, group of candidates, or committee 239
appointing such observer as prescribed in this section. No such 240
observers shall receive any compensation from the county, 241
municipal corporation, or township, and they shall take the 242
following oath, to be administered by one of the judges of 243
elections:244

       "You do solemnly swear that you will faithfully and245
impartially discharge the duties as an official observer, assigned 246
by law; that you will not cause any delay to persons offering to 247
vote; and that you will not disclose or communicate to any person 248
how any elector has voted at such election."249

       Sec. 3509.02.  (A) Any qualified elector who has been 250
registered to vote for at least thirty days before the first day 251
absent voter's ballots are required to be ready for use pursuant 252
to section 3509.01 of the Revised Code may vote by absent voter's253
ballots at an election.254

       (B) Any qualified elector who is unable to appear at the 255
office of the board of elections or, if pursuant to division (C) 256
of section 3501.10 of the Revised Code the board has designated 257
another location in the county at which registered electors may 258
vote, at that other location on account of personal illness, 259
physical disability, or infirmity, and who moves from one precinct 260
to another within a county, changes the elector's name and moves 261
from one precinct to another within a county, or moves from one 262
county to another county within the state, on or prior to the day 263
of a general, primary, or special election and has not filed a 264
notice of change of residence or change of name may vote by absent265
voter's ballots in that election as specified in division (G) of 266
section 3503.16 of the Revised Code.267

       Sec. 3509.03.  Except as provided in section 3509.031 or 268
division (B) of section 3509.08 of the Revised Code, any qualified 269
elector desiring to vote absent voter's ballots at an election 270
shall make written application for those ballots to the director 271
of elections of the county in which the elector's voting residence 272
is located. The application need not be in any particular form but 273
shall contain all of the following:274

       (A) The elector's name;275

       (B) The elector's signature;276

       (C) The address at which the elector is registered to vote;277

       (D) The elector's date of birth;278

       (E) One of the following:279

       (1) The elector's driver's license number;280

       (2) The last four digits of the elector's social security 281
number;282

       (3) A copy of the elector's current and valid photo 283
identification, a copy of a military identification, or a copy of 284
a current utility bill, bank statement, government check, 285
paycheck, or other government document, other than a notice of an 286
election mailed by a board of elections under section 3501.19 of 287
the Revised Code or a notice of voter registration mailed by a 288
board of elections under section 3503.19 of the Revised Code, 289
that shows the name and address of the elector.290

       (F) A statement identifying the election for which absent 291
voter's ballots are requested;292

       (G) A statement that the person requesting the ballots is a 293
qualified elector and has been registered to vote for at least 294
thirty days before the first day absent voter's ballots are 295
required to be ready for use pursuant to section 3509.01 of the 296
Revised Code;297

       (H) If the request is for primary election ballots, the 298
elector's party affiliation;299

       (I) If the elector desires ballots to be mailed to the 300
elector, the address to which those ballots shall be mailed.301

       A voter who will be outside the United States on the day of302
any election during a calendar year may use a single federal post303
card application to apply for absent voter's ballots. Those304
ballots shall be sent to the voter for use at the primary and305
general elections in that year and any special election to be held 306
on the day in that year specified by division (E) of section307
3501.01 of the Revised Code for the holding of a primary election, 308
designated by the general assembly for the purpose of submitting 309
constitutional amendments proposed by the general assembly to the 310
voters of the state unless the voter reports a change in the 311
voter's voting status to the board of elections or the voter's 312
intent to vote in any such election in the precinct in this state313
where the voter is registered to vote. A single federal postcard 314
application shall be processed by the board of elections pursuant 315
to section 3509.04 of the Revised Code the same as if the voter 316
had applied separately for absent voter's ballots for each 317
election. When mailing absent voter's ballots to a voter who 318
applied for them by single federal post card application, the 319
board shall enclose notification to the voter that the voter must 320
report to the board subsequent changes in the voter's voting 321
status or the voter's subsequent intent to vote in any such 322
election in the precinct in this state where the voter is 323
registered to vote. Such notification shall be in a form324
prescribed by the secretary of state. As used in this section,325
"voting status" means the voter's name at the time the voter326
applied for absent voter's ballots by single federal post card 327
application and the voter's address outside the United States to 328
which the voter requested that those ballots be sent.329

       Each application for absent voter's ballots shall be330
delivered to the director not earlier than the first day of331
January of the year of the elections for which the absent voter's332
ballots are requested or not earlier than ninety days before the333
day of the election at which the ballots are to be voted,334
whichever is earlier, and not later than twelve noon of the third335
day before the day of the election at which the ballots are to be 336
voted, or not later than the close of regular business hours on337
the day before the day of the election at which the ballots are to 338
be voted if the application is delivered in person to the office 339
of the board.340

       Sec. 3509.04. (A) If a director of a board of elections 341
receives an application for absent voter's ballots that does not 342
contain all of the required information, the director promptly 343
shall notify the applicant of the additional information required 344
to be provided by the applicant to complete that application.345

       (B) Upon receipt by the director of elections of an 346
application for absent voter's ballots that contain all of the 347
required information, as provided by sections 3509.03 and 3509.031 348
and division (G) of section 3503.16 of the Revised Code, the 349
director, if the director finds that the applicant is a qualified350
elector, shall deliver to the applicant in person or mail directly 351
to the applicant by special delivery mail, air mail, or regular 352
mail, postage prepaid, proper absent voter's ballots. The director 353
shall deliver or mail with the ballots an unsealed identification354
envelope upon the face of which shall be printed athe following355
form substantially as follows:356

"Identification Envelope Statement of Voter
357

       I, ........................(Name of voter), declare under 358
penalty of election falsification that the within ballot or 359
ballots contained no voting marks of any kind when I received 360
them, and I caused the ballot or ballots to be marked, enclosed in 361
the identification envelope, and sealed in that envelope.362

       My voting residence in Ohio is363

...................................................................364

(Street and Number, if any, or Rural Route and Number)
365

of ................................ (City, Village, or Township)366
Ohio, which is in Ward ............... Precinct ................367
in that city, village, or township.368

       The primary election ballots, if any, within this envelope369
are primary election ballots of the ............. Party.370

       Ballots contained within this envelope are to be voted at the 371
.......... (general, special, or primary) election to be held on 372
the .......................... day of ......................, ....373

       My date of birth is ............... (Month and Day), 374
.......... (Year).375

       (Voter must provide one of the following:)376

       My driver's license number is ............... (Driver's 377
license number).378

       The last four digits of my Social Security Number are 379
............... (Last four digits of Social Security Number).380

       ...... In lieu of providing a driver's license number or the 381
last four digits of my Social Security Number, I am enclosing a 382
copy of one of the following in the return envelope in which this 383
identification envelope will be mailed: a current and valid photo 384
identification, a military identification, or a current utility 385
bill, bank statement, government check, paycheck, or other 386
government document, other than a notice of an election mailed by 387
a board of elections under section 3501.19 of the Revised Code or 388
a notice of voter registration mailed by a board of elections, 389
that shows my name and address.390

       I hereby declare, under penalty of election falsification,391
that the statements above are true, as I verily believe.392

393
(Signature of Voter) 394

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF395
THE FIFTH DEGREE."396

       The director shall mail with the ballots and the unsealed397
identification envelope an unsealed return envelope upon the face 398
of which shall be printed the official title and post-office 399
address of the director. In the upper left corner on the face of 400
the return envelope, several blank lines shall be printed upon 401
which the voter may write the voter's name and return address, and402
beneath these lines there shall be printed a box beside the words403
"check if out-of-country." The voter shall check this box if the404
voter will be outside the United States on the day of the 405
election. The return envelope shall be of such size that the 406
identification envelope can be conveniently placed within it for 407
returning the identification envelope to the director.408

       Sec. 3509.05.  (A) When an elector receives an absent 409
voter's ballot pursuant to the elector's application or request, 410
the elector shall, before placing any marks on the ballot, note 411
whether there are any voting marks on it. If there are any voting 412
marks, the ballot shall be returned immediately to the board of 413
elections; otherwise, the elector shall cause the ballot to be 414
marked, folded in a manner that the stub on it and the415
indorsements and facsimile signatures of the members of the board416
of elections on the back of it are visible, and placed and sealed 417
within the identification envelope received from the director of 418
elections for that purpose. Then, the elector shall cause the 419
statement of voter on the outside of the identification envelope 420
to be completed and signed, under penalty of election421
falsification.422

       If the elector does not provide the elector's driver's 423
license number or the last four digits of the elector's social 424
security number on the statement of voter on the identification 425
envelope, the elector also shall include in the return envelope 426
with the identification envelope a copy of the elector's current 427
valid photo identification, a copy of a military identification, 428
or a copy of a current utility bill, bank statement, government 429
check, paycheck, or other government document, other than a 430
notice of an election mailed by a board of elections under 431
section 3501.19 of the Revised Code or a notice of voter 432
registration mailed by a board of elections under section 3503.19 433
of the Revised Code, that shows the name and address of the 434
elector.435

       The elector shall mail the identification envelope to the 436
director from whom it was received in the return envelope, postage 437
prepaid, or the elector may personally deliver it to the director, 438
or the spouse of the elector, the father, mother, father-in-law,439
mother-in-law, grandfather, grandmother, brother, or sister of the 440
whole or half blood, or the son, daughter, adopting parent,441
adopted child, stepparent, stepchild, uncle, aunt, nephew, or442
niece of the elector may deliver it to the director. The return 443
envelope shall be transmitted to the director in no other manner, 444
except as provided in section 3509.08 of the Revised Code.445

       Each elector who will be outside the United States on the day 446
of the election shall check the box on the return envelope447
indicating this fact.448

       When absent voter's ballots are delivered to an elector at449
the office of the board, the elector may retire to a voting450
compartment provided by the board and there mark the ballots.451
Thereupon, the elector shall fold them, place them in the452
identification envelope provided, seal the envelope, fill in and453
sign the statement on the envelope under penalty of election454
falsification, and deliver the envelope to the director of the455
board.456

       Except as otherwise provided in divisions (B) and (C) of this 457
section, all other envelopes containing marked absent voter's 458
ballots shall be delivered to the director not later than the 459
close of the polls on the day of an election. Absent voter's 460
ballots delivered to the director later than the times specified 461
shall not be counted, but shall be kept by the board in the sealed 462
identification envelopes in which they are delivered to the 463
director, until the time provided by section 3505.31 of the 464
Revised Code for the destruction of all other ballots used at the 465
election for which ballots were provided, at which time they shall 466
be destroyed.467

       (B)(1) Except as otherwise provided in division (B)(2) of 468
this section, any return envelope that indicates that the voter 469
will be outside the United States on the day of the election shall 470
be delivered to the director prior to the eleventh day after the471
election. Ballots delivered in such envelopes that are received472
after the close of the polls on election day through the tenth day 473
thereafter shall be counted on the eleventh day at the board of 474
elections in the manner provided in divisions (C) and (D) of475
section 3509.06 of the Revised Code. Any such ballots that are476
signed or postmarked after the close of the polls on the day of477
the election or that are received by the director later than the478
tenth day following the election shall not be counted, but shall479
be kept by the board in the sealed identification envelopes as480
provided in division (A) of this section.481

       (2) In any year in which a presidential primary election is 482
held, any return envelope that indicates that the voter will be 483
outside the United States on the day of the presidential primary 484
election shall be delivered to the director prior to the485
twenty-first day after that election. Ballots delivered in such486
envelopes that are received after the close of the polls on487
election day through the twentieth day thereafter shall be counted 488
on the twenty-first day at the board of elections in the manner 489
provided in divisions (C) and (D) of section 3509.06 of the 490
Revised Code. Any such ballots that are signed or postmarked after 491
the close of the polls on the day of that election or that are 492
received by the director later than the twentieth day following 493
that election shall not be counted, but shall be kept by the board 494
in the sealed identification envelopes as provided in division (A) 495
of this section.496

       (C)(1) Except as otherwise provided in division (C)(2) of 497
this section, any return envelope that is postmarked within the 498
United States prior to the day of the election shall be delivered 499
to the director prior to the eleventh day after the election. 500
Ballots delivered in envelopes postmarked prior to the day of the 501
election that are received after the close of the polls on 502
election day through the tenth day thereafter shall be counted on 503
the eleventh day at the board of elections in the manner provided 504
in divisions (C) and (D) of section 3509.06 of the Revised Code. 505
Any such ballots that are received by the director later than the 506
tenth day following the election shall not be counted, but shall 507
be kept by the board in the sealed identification envelopes as 508
provided in division (A) of this section.509

       (2) Division (C)(1) of this section shall not apply to any 510
mail that is postmarked using a postage evidencing system, 511
including a postage meter, as defined in 39 C.F.R. 501.1.512

       (D)(1) Except as otherwise provided in division (D)(2) of 513
this section, if a board of elections determines, prior to the 514
close of the polls on the day of the election, that the statement 515
of voter on a voter's absent voter's ballot identification 516
envelope is incomplete, the board shall notify the absent voter by 517
mail or by telephone that the voter's absent ballot will be 518
rejected unless the voter appears at the office of the board and 519
completes the statement prior to the close of the polls on the day 520
of the election.521

       (2) A board of elections shall not be required to notify 522
voters under division (D)(1) of this section for any absent 523
voter's ballots that the board receives after the eighth day 524
before the day of the election. 525

       If a board of elections chooses to notify voters under 526
division (D)(1) of this section of incomplete absent voter's 527
ballot envelope statements for absent voter's ballots received 528
after the eighth day before the day of the election, the board 529
shall notify all voters whose absent voter's ballot envelope 530
statements are incomplete that their absent voter's ballot 531
envelopes will be rejected unless the voter appears at the office 532
of the board and completes the statement prior to the close of the 533
polls on the day of the election.534

       Sec. 3509.06.  (A) The board of elections shall determine535
whether absent voter's ballots shall be counted in each precinct,536
at the office of the board, or at some other location designated537
by the board, and shall proceed accordingly under division (B) or538
(C) of this section.539

       (B) When the board of elections determines that absent540
voter's ballots shall be counted in each precinct, the director541
shall deliver to the presiding judge of each precinct on election542
day identification envelopes purporting to contain absent voter's543
ballots of electors whose voting residence appears from the544
statement of voter on the outside of each of those envelopes, to545
be located in such presiding judge's precinct, and which were546
received by the director not later than the close of the polls on547
election day. The director shall deliver to such presiding judge a 548
list containing the name and voting residence of each person whose 549
voting residence is in such precinct to whom absent voter's550
ballots were mailed.551

       (C) When the board of elections determines that absent552
voter's ballots shall be counted at the office of the board of553
elections or at another location designated by the board, special554
election judges shall be appointed by the board for that purpose555
having the same authority as is exercised by precinct judges. The 556
votes so cast shall be added to the vote totals by the board, and 557
the absent voter's ballots shall be preserved separately by the558
board, in the same manner and for the same length of time as559
provided by section 3505.31 of the Revised Code.560

       (D) Each of the identification envelopes purporting to 561
contain absent voter's ballots delivered to the presiding judge of 562
the precinct or the special judge appointed by the board of 563
elections shall be handled as follows: The election officials 564
shall compare the signature of the elector on the outside of the 565
identification envelope with the signature of that elector on the 566
elector's registration form and verify that the absent voter's 567
ballot is eligible to be counted under section 3509.07 of the 568
Revised Code. Any of the precinct officials may challenge the 569
right of the elector named on the identification envelope to vote 570
the absent voter's ballots upon the ground that the signature on 571
the envelope is not the same as the signature on the registration 572
form, that the identification envelope statement of voter has not 573
been completed, or upon any other of the grounds upon which the 574
right of persons to vote may be lawfully challenged. If no such 575
challenge is made, or if such a challenge is made and not 576
sustained, the presiding judge shall open the envelope without 577
defacing the statement of voter and without mutilating the ballots 578
in it, and shall remove the ballots contained in it and proceed to 579
count them.580

       The name of each person voting who is entitled to vote only581
an absent voter's presidential ballot shall be entered in a582
pollbook or poll list or signature pollbook followed by the words583
"Absentee Presidential Ballot." The name of each person voting an 584
absent voter's ballot, other than such persons entitled to vote 585
only a presidential ballot, shall be entered in the pollbook or 586
poll list or signature pollbook and the person's registration card 587
marked to indicate that the person has voted.588

       The date of such election shall also be entered on the589
elector's registration form. If any such challenge is made and590
sustained, the identification envelope of such elector shall not591
be opened, shall be endorsed "Not Counted" with the reasons the 592
ballots were not counted, and shall be delivered to the board.593

       (E) Special election judges, employees or members of the594
board of elections, or observers shall not disclose the count or 595
any portion of the count of absent voter's ballots prior to the 596
time of the closing of the polling places. No person shall 597
recklessly disclose the count or any portion of the count of 598
absent voter's ballots in such a manner as to jeopardize the 599
secrecy of any individual ballot.600

       (F) Observers may be appointed under section 3505.21 of the 601
Revised Code to witness the examination and opening of 602
identification envelopes and the counting of absent voters' 603
ballots under this section.604

       Sec. 3509.07.  If election officials find that the statement605
accompanying an absent voter's ballot or absent voter's606
presidential ballot is incomplete or insufficient, that the607
signatures do not correspond with the person's registration608
signature, that the applicant is not a qualified elector in the 609
precinct, that the ballot envelope contains more than one ballot 610
of any one kind, or any voted ballot that the elector is not611
entitled to vote, that Stub A is detached from the absent voter's 612
ballot or absent voter's presidential ballot, or that the elector 613
has not included with the elector's ballot any identification 614
required under section 3509.05 or 3511.09 of the Revised Code, the 615
vote shall not be accepted or counted. The vote of any absent 616
voter may be challenged for cause in the same manner as other 617
votes are challenged, and the election officials shall determine 618
the legality of that ballot. Every ballot not counted shall be 619
endorsed on its back "Not Counted" with the reasons the ballot was 620
not counted, and shall be enclosed and returned to or retained by 621
the board of elections along with the contested ballots.622

       Sec. 3511.01.  Any section of the Revised Code to the623
contrary notwithstanding, any person serving in the armed forces624
of the United States, or the spouse or dependent of any person625
serving in the armed forces of the United States who resides626
outside this state for the purpose of being with or near such627
service member, who will be eighteen years of age or more on the628
day of a general or special election and who, is a citizen of the629
United States, and has been registered to vote for at least thirty 630
days before the first day armed service absent voter's ballots are 631
required to be ready for use pursuant to section 3511.03 of the 632
Revised Code may vote armed service absent voter's ballots in such 633
general or special election as follows:634

       (A) If the service member is the voter, hethe service member635
may vote only in the precinct in which hethe service member has a 636
voting residence in the state, and that voting residence shall be 637
that place in the precinct in which hethe service member resided 638
immediately preceding the commencement of such service, provided 639
that the time during which hethe service member continuously640
resided in the state immediately preceding the commencement of641
such service plus the time subsequent to such commencement and642
prior to the day of such general, special, or primary election is643
equal to or exceeds thirty days.644

       (B) If the spouse or dependent of a service member is the645
voter, hethe spouse or dependent may vote only in the precinct in 646
which hethe spouse or dependent has a voting residence in the 647
state, and that voting residence shall be that place in the 648
precinct in which hethe spouse or dependent resided immediately 649
preceding the time of leaving the state for the purpose of being 650
with or near the service member, provided that the time during 651
which hethe spouse or dependent continuously resided in the state652
immediately preceding the time of leaving the state for the 653
purpose of being with or near the service member plus the time 654
subsequent to such leaving and prior to the day of such general, 655
special, or primary election is equal to or exceeds thirty days.656

       (C) If the service member or histhe service member's spouse 657
or dependent establishes a permanent residence in a precinct other 658
than the precinct in which hethe person resided immediately 659
preceding the commencement of histhe service member's service, 660
the voting residence of both the service member and histhe 661
service member's spouse or dependent shall be the precinct of such 662
permanent residence, provided that the time during which hethe 663
service member continuously resided in the state immediately664
preceding the commencement of such service plus the time 665
subsequent to such commencement and prior to the day of such 666
general, special, or primary election is equal to or exceeds 667
thirty days.668

       Sec. 3511.02.  Notwithstanding any section of the Revised 669
Code to the contrary, whenever any person applies for registration 670
as a voter on a form adopted in accordance with federal 671
regulations relating to the "Uniformed and Overseas Citizens 672
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff (1986), 673
this application shall be sufficient for voter registration and as 674
a request for an absent voter's ballot. Armed service absent 675
voter's ballots may be obtained by any person meeting the 676
requirements of section 3511.01 of the Revised Code by applying to 677
the director of the board of elections of the county in which the 678
person's voting residence is located, in one of the following 679
ways:680

       (A) That person may make written application for those681
ballots. The person may personally deliver the application to the682
director or may mail it, send it by facsimile machine, or683
otherwise send it to the director. The application need not be in 684
any particular form but shall contain all of the following 685
information:686

       (1) The elector's name;687

       (2) The elector's signature;688

       (3) The address at which the elector is registered to vote;689

       (4) The elector's date of birth;690

       (5) One of the following:691

       (a) The elector's driver's license number;692

       (b) The last four digits of the elector's social security 693
number;694

       (c) A copy of the elector's current and valid photo 695
identification, a copy of a military identification, or a copy of 696
a current utility bill, bank statement, government check, 697
paycheck, or other government document, other than a notice of an 698
election mailed by a board of elections under section 3501.19 of 699
the Revised Code or a notice of voter registration mailed by a 700
board of elections under section 3503.19 of the Revised Code, 701
that shows the name and address of the elector.702

       (6) A statement identifying the election for which absent 703
voter's ballots are requested;704

       (7) A statement that the person requesting the ballots is a 705
qualified elector and has been registered to vote for at least 706
thirty days before the first day armed service absent voter's 707
ballots are required to be ready for use pursuant to section 708
3511.03 of the Revised Code;709

       (8) A statement that the elector is an absent uniformed 710
services voter as defined in 42 U.S.C. 1973ff-6;711

       (9) A statement of the elector's length of residence in the 712
state immediately preceding the commencement of service or 713
immediately preceding the date of leaving to be with or near the 714
service member, whichever is applicable;715

       (10) If the request is for primary election ballots, the 716
elector's party affiliation;717

       (11) If the elector desires ballots to be mailed to the 718
elector, the address to which those ballots shall be mailed;719

       (12) If the elector desires ballots to be sent to the elector 720
by facsimile machine, the telephone number to which they shall be 721
so sent.722

       (B) A voter or any relative of a voter listed in division (C)723
of this section may use a single federal post card application to724
apply for armed service absent voter's ballots for use at the725
primary and general elections in a given year and any special726
election to be held on the day in that year specified by division727
(E) of section 3501.01 of the Revised Code for the holding of a728
primary election, designated by the general assembly for the729
purpose of submitting constitutional amendments proposed by the730
general assembly to the voters of the state. A single federal 731
postcard application shall be processed by the board of elections 732
pursuant to section 3511.04 of the Revised Code the same as if the 733
voter had applied separately for armed service absent voter's 734
ballots for each election.735

       (C) Application to have armed service absent voter's ballots 736
mailed or sent by facsimile machine to such a person may be made 737
by the spouse when the person is a service member, or by the 738
father, mother, father-in-law, mother-in-law, grandfather,739
grandmother, brother or sister of the whole blood or half blood,740
son, daughter, adopting parent, adopted child, stepparent,741
stepchild, uncle, aunt, nephew, or niece of such a person. The742
application shall be in writing upon a blank form furnished only743
by the director or on a single federal post card as provided in744
division (B) of this section. The form of the application shall be 745
prescribed by the secretary of state. The director shall furnish 746
that blank form to any of the relatives specified in this division 747
desiring to make the application, only upon the request of such a 748
relative made in person at the office of the board or upon the 749
written request of such a relative mailed to the office of the 750
board. The application, subscribed and sworn to by the applicant, 751
shall contain all of the following:752

       (1) The full name of the elector for whom ballots are 753
requested;754

       (2) A statement that the elector is an absent uniformed 755
services voter as defined in 42 U.S.C. 1973ff-6;756

       (3) The address at which the elector is registered to vote;757

       (4) A statement identifying the elector's length of residence 758
in the state immediately preceding the commencement of service, or 759
immediately preceding the date of leaving to be with or near a 760
service member, as the case may be;761

        (5) The elector's date of birth;762

       (6) One of the following:763

       (a) The elector's driver's license number;764

       (b) The last four digits of the elector's social security 765
number;766

       (c) A copy of the elector's current and valid photo 767
identification, a copy of a military identification, or a copy of 768
a current utility bill, bank statement, government check, 769
paycheck, or other government document, other than a notice of an 770
election mailed by a board of elections under section 3501.19 of 771
the Revised Code or a notice of voter registration mailed by a 772
board of elections under section 3503.19 of the Revised Code, 773
that shows the name and address of the elector.774

       (7) A statement identifying the election for which absent 775
voter's ballots are requested;776

       (8) A statement that the person requesting the ballots is a 777
qualified elector and that the elector for whom the ballots are 778
requested has been registered to vote for at least thirty days 779
before the first day armed service absent voter's ballots are 780
required to be ready for use pursuant to section 3511.03 of the 781
Revised Code;782

       (9) If the request is for primary election ballots, the 783
elector's party affiliation;784

        (10) A statement that the applicant bears a relationship to 785
the elector as specified in division (C) of this section;786

        (11) The address to which ballots shall be mailed or the 787
telephone number to which ballots shall be sent by facsimile788
machine;789

        (12) The signature and address of the person making the 790
application.791

       Each application for armed service absent voter's ballots792
shall be delivered to the director not earlier than the first day793
of January of the year of the elections for which the armed794
service absent voter's ballots are requested or not earlier than795
ninety days before the day of the election at which the ballots796
are to be voted, whichever is earlier, and not later than twelve797
noon of the third day preceding the day of the election, or not 798
later than the close of regular business hours on the day before 799
the day of the election at which those ballots are to be voted if 800
the application is delivered in person to the office of the board.801

       (D) If the voter for whom the application is made is entitled 802
to vote for presidential and vice-presidential electors only, the 803
applicant shall submit to the director in addition to the 804
requirements of divisions (A), (B), and (C) of this section, a805
statement to the effect that the voter is qualified to vote for806
presidential and vice-presidential electors and for no other807
offices.808

       Sec. 3511.05.  (A) The director of the board of elections809
shall place armed service absent voter's ballots sent by mail in810
an unsealed identification envelope, gummed ready for sealing. The811
director shall include with armed service absent voter's ballots812
sent by facsimile machine an instruction sheet for preparing a813
gummed envelope in which the ballots shall be returned. The814
envelope for returning ballots sent by either means shall have815
printed or written on its face athe following form substantially 816
as follows:817

"Identification Envelope Statement of Voter
818

       I, ........................(Name of voter), declare under 819
penalty of election falsification that the within ballot or 820
ballots contained no voting marks of any kind when I received 821
them, and I caused the ballot or ballots to be marked, enclosed in 822
the identification envelope, and sealed in that envelope.823

       My voting residence in Ohio is824

...................................................................825

(Street and Number, if any, or Rural Route and Number)
826

of ................................ (City, Village, or Township)827
Ohio, which is in Ward ............... Precinct ................828
in that city, village, or township.829

       The primary election ballots, if any, within this envelope830
are primary election ballots of the ............. Party.831

       Ballots contained within this envelope are to be voted at the 832
.......... (general, special, or primary) election to be held on 833
the .......................... day of ......................, ....834

       My date of birth is ............... (Month and Day), 835
.......... (Year).836

       (Voter must provide one of the following:)837

       My driver's license number is ............... (Driver's 838
license number).839

       The last four digits of my Social Security Number are 840
............... (Last four digits of Social Security Number).841

       ...... In lieu of providing a driver's license number or the 842
last four digits of my Social Security Number, I am enclosing a 843
copy of one of the following in the return envelope in which this 844
identification envelope will be mailed: a current and valid photo 845
identification, a military identification, or a current utility 846
bill, bank statement, government check, paycheck, or other 847
government document, other than a notice of an election mailed by 848
a board of elections under section 3501.19 of the Revised Code or 849
a notice of voter registration mailed by a board of elections, 850
that shows my name and address.851

       I hereby declare, under penalty of election falsification,852
that the statements above are true, as I verily believe.853

854
(Signature of Voter) 855

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF856
THE FIFTH DEGREE."857

       (B) The director shall also mail with the ballots and the858
unsealed identification envelope sent by mail an unsealed return859
envelope, gummed, ready for sealing, for use by the voter in860
returning the voter's marked ballots to the director. The director861
shall send with the ballots and the instruction sheet for862
preparing a gummed envelope sent by facsimile machine an863
instruction sheet for preparing a second gummed envelope as864
described in this division, for use by the voter in returning that865
voter's marked ballots to the director. The return envelope shall866
have two parallel lines, each one quarter of an inch in width,867
printed across its face paralleling the top, with an intervening868
space of one quarter of an inch between such lines. The top line869
shall be one and one-quarter inches from the top of the envelope.870
Between the parallel lines shall be printed: "OFFICIAL ELECTION871
ARMED SERVICE ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank872
lines shall be printed in the upper left corner on the face of the 873
envelope for the use by the voter in placing the voter's complete874
military, naval, or mailing address on these lines, and beneath875
these lines there shall be printed a box beside the words "check876
if out-of-country." The voter shall check this box if the voter877
will be outside the United States on the day of the election. The878
official title and the post-office address of the director to whom879
the envelope shall be returned shall be printed on the face of880
such envelope in the lower right portion below the bottom parallel881
line.882

       (C) On the back of each identification envelope and each883
return envelope shall be printed the following:884

"Instructions to voter:885

       If the flap on this envelope is so firmly stuck to the back886
of the envelope when received by you as to require forcible887
opening in order to use it, open the envelope in the manner least888
injurious to it, and, after marking your ballots and enclosing889
same in the envelope for mailing them to the director of the board890
of elections, reclose the envelope in the most practicable way, by891
sealing or otherwise, and sign the blank form printed below.892

       The flap on this envelope was firmly stuck to the back of the893
envelope when received, and required forced opening before sealing894
and mailing.895

896
(Signature of voter)" 897

       (D) Division (C) of this section does not apply when absent898
voter's ballots are sent by facsimile machine.899

       Sec. 3511.11.  (A) Upon receipt of any return envelope900
bearing the designation "Official Election Armed Service Absent901
Voter's Ballot" prior to the twenty-first day after the day of a902
presidential primary election or prior to the eleventh day after903
the day of any other election, the director of the board of904
elections shall open it but shall not open the identification905
envelope contained in it. If, upon so opening the return envelope, 906
the director finds ballots in it that are not enclosed in and 907
properly sealed in the identification envelope, the director shall908
not look at the markings upon the ballots and shall promptly place 909
them in the identification envelope and promptly seal it. If, upon 910
so opening the return envelope, the director finds that ballots 911
are enclosed in the identification envelope but that it is not 912
properly sealed, the director shall not look at the markings upon913
the ballots and shall promptly seal the identification envelope.914

       (B)(1) Except as otherwise provided in division (B)(2) of 915
this section, if a board of elections determines, prior to the 916
close of the polls on the day of the election, that the statement 917
of voter on an armed service absent voter's ballot identification 918
envelope is incomplete, the board shall notify the armed services 919
absent voter by mail or by telephone that the voter's armed 920
service absent voter's ballot will be rejected unless the voter 921
completes the statement prior to the close of the polls on the day 922
of the election.923

       (2) A board of elections shall not be required to notify 924
voters under division (B)(1) of this section for any armed service 925
absent voter's ballots that the board receives after the eighth 926
day before the day of the election. 927

       If a board of elections chooses to notify voters under 928
division (B)(1) of this section of incomplete armed service absent 929
voter's ballot envelope statements for armed service absent 930
voter's ballots received after the eighth day before the day of 931
the election, the board shall notify all voters whose armed 932
service absent voter's ballot envelope statements are incomplete 933
that their armed service absent voter's ballot envelopes will be 934
rejected unless the voter completes the statement prior to the 935
close of the polls on the day of the election.936

       (C) Armed service absent voter's ballots delivered to the937
director not later than the close of the polls on election day938
shall be counted in the manner provided in section 3509.06 of the939
Revised Code.940

       (C)(D) A return envelope that indicates that the voter will 941
be outside of the United States on the day of an election is not942
required to be postmarked in order for an armed service absent943
voter's ballot contained in it to be valid. Except as otherwise944
provided in this division, whether or not the return envelope945
containing the ballot is postmarked or contains an illegible946
postmark, an armed service absent voter's ballot that is received 947
after the close of the polls on election day through the tenth day 948
after the election day or, if the election was a presidential949
primary election, through the twentieth day after the election 950
day, and that is delivered in a return envelope that indicates 951
that the voter will be outside the United States on the day of the 952
election shall be counted on the eleventh day after the election 953
day or, if the election was a presidential primary election, on 954
the twenty-first day after the election day, at the office of the 955
board of elections in the manner provided in divisions (C) and (D) 956
of section 3509.06 of the Revised Code. However, if a return 957
envelope containing an armed service absent voter's ballot is so 958
received and so indicates, but it is postmarked, or the959
identification envelope in it is signed, after the close of the960
polls on election day, the armed service absent voter's ballot 961
shall not be counted.962

       (D)(E)(1) Except as otherwise provided in division (D)(E)(2) 963
of this section, any return envelope containing an armed service 964
absent voter's ballot that is postmarked within the United States 965
prior to the day of the election shall be delivered to the 966
director prior to the eleventh day after the election. Armed 967
service absent voter's ballots delivered in envelopes postmarked 968
prior to the day of the election that are received after the close 969
of the polls on election day through the tenth day thereafter 970
shall be counted on the eleventh day at the board of elections in 971
the manner provided in divisions (C) and (D) of section 3509.06 of 972
the Revised Code. Any such ballots that are received by the 973
director later than the tenth day following the election shall not 974
be counted, but shall be kept by the board in the sealed 975
identification envelopes as provided in division (A) of this 976
section.977

       (2) Division (D)(E)(1) of this section shall not apply to any 978
mail that is postmarked using a postage evidencing system, 979
including a postage meter, as defined in 39 C.F.R. 501.1.980

       (E)(F) The following types of armed service absent voter's 981
ballots shall not be counted:982

       (1) Armed service absent voter's ballots contained in return983
envelopes that bear the designation "Official Election Armed984
Service Absent Voter's Ballots," that are received by the director985
after the close of the polls on the day of the election, and that986
either are postmarked, or contain an identification envelope that 987
is signed, on or after election day;988

       (2) Armed service absent voter's ballots contained in return 989
envelopes that bear that designation, that do not indicate they 990
are from voters who will be outside the United States on the day 991
of the election, and that are received after the tenth day 992
following the election or, if the election was a presidential 993
primary election, after the twentieth day following the election;994

       (3) Armed service absent voter's ballots contained in return 995
envelopes that bear that designation, that are received by the 996
director within ten days after the day of the election, and that 997
were postmarked before the day of the election using a postage 998
evidencing system, including a postage meter, as defined in 39 999
C.F.R. 501.1.1000

       The uncounted ballots shall be preserved in their 1001
identification envelopes unopened until the time provided by 1002
section 3505.31 of the Revised Code for the destruction of all1003
other ballots used at the election for which ballots were1004
provided, at which time they shall be destroyed.1005

       Section 2.  That existing sections 3503.15, 3505.21, 3509.02, 1006
3509.03, 3509.04, 3509.05, 3509.06, 3509.07, 3511.01, 3511.02, 1007
3511.05, and 3511.11 of the Revised Code are hereby repealed.1008

       Section 3. The General Assembly, applying the principle 1009
stated in division (B) of section 1.52 of the Revised Code that 1010
amendments are to be harmonized if reasonably capable of 1011
simultaneous operation, finds that the following section, 1012
presented in this act as the composite of the sections as amended 1013
by the acts indicated, is the resulting version of the section in 1014
effect prior to the effective date of the section as presented in 1015
this act:1016

       Section 3509.05 of the Revised Code as amended by both Am. 1017
Sub. H.B. 350 and Am. Sub. H.B. 562 of the 127th General 1018
Assembly.1019