Sec. 3501.07. At a meeting held not more than sixty nor
less | 25 |
than fifteen days before the expiration date of the term of
office | 26 |
of a member of the board of elections, or within fifteen
days | 27 |
after a vacancy occurs in the board, the county executive | 28 |
committee of the major political party entitled to the
appointment | 29 |
may make and file a recommendation with the secretary
of state for | 30 |
the appointment of a qualified elector. The
secretary of state | 31 |
shall appoint such elector, unless he has reason to believethe | 32 |
secretary of state finds that
the elector wouldis not be a | 33 |
competent member ofto serve on such
board as a result of either | 34 |
the elector's adjudication of
incompetence by a court of | 35 |
competent jurisdiction or the elector's
prior conviction of or | 36 |
plea of guilty to a felony. In such cases
the secretary of state | 37 |
shall
so state in writing to the chairmanchairperson of such | 38 |
county
executive committee, with the reasons
thereforfor the | 39 |
secretary's refusal to appoint the individual,
and such committee | 40 |
may, with respect to each refusal of the
secretary of state, | 41 |
either
recommend another elector or may apply
for a writ of | 42 |
mandamus to the supreme court to compel the
secretary of state to | 43 |
appoint the elector so recommended. In all
such actionactions, | 44 |
the burden of
proof to show the
qualificationsprove the lack of | 45 |
competence of the person so
recommended by clear
and convincing | 46 |
evidence
shall be on the
committee makingsecretary
of state who | 47 |
refused the
recommendation. Upon the dismissal of an
action in | 48 |
mandamus filed
by such county executive committee, the
county | 49 |
executive
committee shall have fifteen days to make and file | 50 |
another
recommendation with the secretary of state for the | 51 |
appointment of
a qualified elector. If no such
recommendation is | 52 |
made within
fifteen days after either the secretary of state | 53 |
refuses the
appointment of the county executive committee or the | 54 |
dismissal of
an action in mandamus filed by such committee, the | 55 |
secretary of
state shall make the
appointment. This process shall | 56 |
be repeated, as needed, after each refusal of the secretary of | 57 |
state, until the appointment is made. | 58 |
(a) Any of the following types of conduct in or about a | 67 |
polling place or a place of registration or election: obstructing | 68 |
access of an elector to a polling place; another improper practice | 69 |
or attempt tending to obstruct, intimidate, or interfere with an | 70 |
elector in registering or voting at a place of registration or | 71 |
election; molesting or otherwise engaging in violence against | 72 |
observers in the performance of their duties at a place of | 73 |
registration or election; or participating in a riot, violence, | 74 |
tumult, or disorder in and about a place of registration or | 75 |
election; | 76 |
(B) An elector who has experienced harassment in violation of | 86 |
the election law has a cause of action against each person that | 87 |
committed the harassment in violation of the election law. In any | 88 |
civil action based on this cause of action, the elector may seek a | 89 |
declaratory judgment, an injunction, or other appropriate | 90 |
equitable relief. The civil action may be commenced by an elector | 91 |
who has experienced harassment in violation of the election law | 92 |
either alone or as a party to a class action under Civil Rule 23. | 93 |
(2) If the harassment in violation of the election law | 98 |
involved intentional or reckless threatening or causing of bodily | 99 |
harm to the elector while the elector was attempting to register | 100 |
to vote, to obtain an absent voter's ballot, or to vote, the | 101 |
elector may seek, in a civil action based on the cause of action | 102 |
created by division (B) of this section, monetary damages as | 103 |
prescribed in this division. The civil action may be commenced by | 104 |
the elector who has experienced harassment in violation of the | 105 |
election law either alone or as a party to a class action under | 106 |
Civil Rule 23. Upon proof by a preponderance of the evidence in | 107 |
the civil action that the harassment in violation of the election | 108 |
law involved intentional or reckless threatening or causing of | 109 |
bodily harm to the elector, the trier of fact shall award the | 110 |
elector the greater of three times of the amount of the elector's | 111 |
actual damages or one thousand dollars. The court also shall award | 112 |
a prevailing elector reasonable attorney's fees and court costs. | 113 |
(3) Whether a civil action on the cause of action created by | 114 |
division (B) of this section is commenced by an elector who has | 115 |
experienced harassment in violation of the election law alone or | 116 |
as a party to a class action under Civil Rule 23, if the defendant | 117 |
in the action is an organization that has previously been | 118 |
determined in a court of this state to have engaged in harassment | 119 |
in violation of the election law, the elector may seek an order of | 120 |
the court granting any of the following forms of relief upon proof | 121 |
by a preponderance of the evidence: | 122 |
(E) In a civil action based on the cause of action created by | 142 |
division (B) of this section, whether commenced by an elector who | 143 |
has experienced harassment in violation of the election law alone | 144 |
or as a party to a class action under Civil Rule 23, the elector | 145 |
may name as defendants each individual who engaged in conduct | 146 |
constituting harassment in violation of the election law as well | 147 |
as any person that employs, sponsors, or uses as an agent any such | 148 |
individual or that has organized a common scheme to cause | 149 |
harassment in violation of the election law. | 150 |
(2) The secretary of state shall establish, by rule adopted | 223 |
under Chapter 119. of the Revised Code, a process for boards of | 224 |
elections to notify the secretary of state of changes in the | 225 |
locations of precinct polling places for the purpose of updating | 226 |
the information made available on the secretary of state's web | 227 |
site under division (G)(1)(b) of this section. Those rules shall | 228 |
require a board of elections, during the thirty days before the | 229 |
day of a primary or general election, to notify the secretary of | 230 |
state within one business day of any change to the location of a | 231 |
precinct polling place within the county. | 232 |
(b) The secretary of state shall establish, by rule adopted | 258 |
under Chapter 119. of the Revised Code, procedures for boards of | 259 |
elections to notify affected voters of mismatches and to provide | 260 |
those voters with the opportunity to verify and correct the | 261 |
mismatched information under division (H)(3)(a) of this section. | 262 |
Rules adopted under this division shall conform to the voluntary | 263 |
guidelines for implementing statewide voter registration lists | 264 |
adopted by the United States election assistance commission. | 265 |
(B) At any primary, special, or general
election, any | 284 |
political party supporting candidates to be voted
upon at such | 285 |
election and any group of five or more candidates
may appoint to | 286 |
the board of elections or to any of the precincts in the county or | 287 |
city
one person, a qualified elector, who shall serve as observer | 288 |
for such party or such candidates during the casting of the | 289 |
ballots and during the counting of the ballots; provided that | 290 |
separate observers may be appointed to serve during the casting | 291 |
and during the counting of the ballots. No candidate, no uniformed | 292 |
peace officer as defined by
section 2935.01 of the Revised Code, | 293 |
no uniformed state highway
patrol trooper, no uniformed member of | 294 |
any fire department, no
uniformed member of the armed services, no | 295 |
uniformed member of
the organized militia, no person wearing any | 296 |
other uniform, and no
person carrying a firearm or other deadly | 297 |
weapon shall serve as an observer, nor shall any candidate be | 298 |
represented by
more than one observer at any one precinct or other | 299 |
voting location
except that a candidate who is a member of a party | 300 |
controlling
committee, as defined in section 3517.03 of the | 301 |
Revised Code, may
serve as an observer. Any | 302 |
(C) Any political party or group
of candidates appointing | 303 |
observers shall notify
the board of elections of the names and | 304 |
addresses of its
appointees and the precinctseach precinct or | 305 |
other location at which they shall serve.
Notification of | 306 |
observers appointed to serve on the day of an election shall take | 307 |
place not less than eleven days before
the day of the election on | 308 |
forms prescribed by the secretary of state and
may be amended by | 309 |
filing an amendment with the board of elections
at any time until | 310 |
four p.m. of the day before the election. Notification of | 311 |
observers appointed to serve at the office of the board or at | 312 |
another location during the time absent voter's ballots may be | 313 |
cast in person shall take place not less than eleven days before | 314 |
absent voter's ballots are required to be ready for use pursuant | 315 |
to section 3509.01 of the Revised Code on forms prescribed by the | 316 |
secretary of state and may be amended by filing an amendment with | 317 |
the board of elections at any time until four p.m. of the day | 318 |
before the observer is appointed to serve. The
observer serving on | 319 |
behalf of a political party
shall be appointed in writing by the | 320 |
chairperson and
secretary of
the respective controlling party | 321 |
committee. Observers serving for any five or more candidates shall | 322 |
have
their certificates signed by those candidates. Observers | 323 |
appointed to a precinct may file their certificates of appointment | 324 |
with the presiding judge of the precinct at the meeting on the | 325 |
evening prior to the election, or with the presiding judge of the | 326 |
precinct on the day of the election. UponObservers appointed to | 327 |
the office of the board or another designated site to observe the | 328 |
casting of absent voter's ballots in person prior to the day of | 329 |
the election may file their certificates with the director of the | 330 |
board of elections the day before or on the day that the observers | 331 |
are scheduled to serve at the office of the board or other | 332 |
designated site. | 333 |
Upon the filing of a
certificate, the person named as | 334 |
observer in the certificate shall be
permitted to be in and about | 335 |
the applicable polling place for the precinct during the casting | 336 |
of the ballots and shall be permitted to watch every proceeding
of | 337 |
the judges of elections from the time of the
opening until the | 338 |
closing of the polls. The observer also may inspect the counting | 339 |
of all ballots in the polling place or board of elections
from the | 340 |
time of the closing of the polls until the counting is
completed | 341 |
and the final returns are certified and signed. Observers | 342 |
appointed to serve at the board of elections on the day of an | 343 |
election under this section may observe at the board of elections | 344 |
and may observe at any precinct in the county. The
judges of | 345 |
elections shall protect such observers
in all of the rights and | 346 |
privileges granted to them by Title XXXV
of the Revised Code. | 347 |
(D) No persons other than the judges of elections,
the | 348 |
observers, a police officer, other persons who are detailed
to any | 349 |
precinct on request of the board of elections, or the
secretary of | 350 |
state or the secretary of state's legal
representative shall be | 351 |
admitted
to the polling place, or any room in which a board of | 352 |
elections is counting ballots, after the closing of the polls | 353 |
until the
counting, certifying, and signing of the final returns | 354 |
of each
election have been completed. | 355 |
(E) Not later than four p.m. of the twentieth day prior to an | 356 |
election at which
questions are to be submitted to a vote of the | 357 |
people, any
committee that in good faith advocates or opposes a | 358 |
measure may
file a petition with the board of any county asking | 359 |
that the
petitioners be recognized as the committee entitled to | 360 |
appoint
observers to the count at the election. If more than one | 361 |
committee alleging themselves to advocate or oppose the same | 362 |
measure file such a petition, the board shall decide and announce | 363 |
by registered mail to each committee not less than twelve days | 364 |
immediately preceding the election which committee is recognized | 365 |
as being entitled to
appoint observers. The decision shall not be | 366 |
final, but
any aggrieved party may institute mandamus proceedings | 367 |
in the
court of common pleas of the county in which the board has | 368 |
jurisdiction to compel the judges of elections to accept the | 369 |
appointees of such aggrieved party. Any such recognized
committee | 370 |
may appoint an observer to the count in
each precinct. Committees | 371 |
appointing observers
shall notify the board of elections of the | 372 |
names and addresses of
its appointees and the precincts at which | 373 |
they shall serve.
Notification shall take place not less than | 374 |
eleven days before
the election on forms prescribed by the | 375 |
secretary of state and
may be amended by filing an amendment with | 376 |
the board of elections
at any time until four p.m. on the day | 377 |
before the election. A
person so appointed shall file the person's | 378 |
certificate of
appointment
with the presiding judge in the | 379 |
precinct in which the person
has been
appointed to serve. | 380 |
Observers shall file their certificates
before the polls are | 381 |
closed. In no case shall more than six observers be appointed for | 382 |
any one election
in any one precinct. If more than three questions | 383 |
are to be
voted on, the committees which have appointed observers | 384 |
may agree upon not to exceed six observers, and the judges of | 385 |
elections shall appoint such
observers. If such committees fail to | 386 |
agree, the
judges of elections shall appoint six observers from | 387 |
the appointees so certified, in such manner that
each side of the | 388 |
several questions shall be represented. | 389 |
(F) No person shall serve as an observer at any
precinct or | 390 |
other voting location unless the board of elections of the county | 391 |
in
which such observer is to serve has first been
notified of the | 392 |
name, address, and precinct or other location at which such
| 393 |
observer is to serve. Notification to the board of
elections shall | 394 |
be given by the political party, group of
candidates, or committee | 395 |
appointing such observer as
prescribed in this section. No such | 396 |
observers
shall receive any compensation from the county, | 397 |
municipal
corporation, or township, and they shall take the | 398 |
following oath,
to be administered by one of the judges of | 399 |
elections: | 400 |
(2)(a) No observer who serves during the casting of the | 415 |
ballots
shall interact with any precinct election official or | 416 |
with any
voter while the observer is inside the polling place, | 417 |
within the
area between the polling place and the small flags of | 418 |
the United
States placed on the thoroughfares and walkways | 419 |
leading to the
polling place, or within ten feet of any elector | 420 |
in line waiting
to vote, if the line of electors waiting to vote | 421 |
extends beyond
those small flags. | 422 |
Sec. 3509.01. (A) The board of elections of each county shall | 426 |
provide absent voter's ballots for use at every primary and | 427 |
general election, or special election to be held on the day | 428 |
specified by division (E) of section 3501.01 of the Revised Code | 429 |
for the holding of a primary election, designated by the general | 430 |
assembly for the purpose of submitting constitutional amendments | 431 |
proposed by the general assembly to the voters of the state.
Those | 432 |
ballots shall be the same size, shall be printed on the same
kind | 433 |
of paper, and
shall be in the same form as has been approved
for | 434 |
use
at the election for which
those ballots are to be
voted; | 435 |
except
that, in counties using marking devices, ballot
cards may | 436 |
be used
for absent voter's ballots, and
those
absent voters shall | 437 |
be
instructed to record the vote in the manner
provided on the | 438 |
ballot cards.
In counties where punch card
ballots are used,
those | 439 |
absent voters shall be instructed to
examine their
marked
ballot | 440 |
cards and to remove any chads that
remain partially
attached to | 441 |
them before returning them to
election officials. | 442 |
(1) For overseas voters and absent uniformed services voters | 449 |
eligible to vote under the Uniformed and Overseas Citizens | 450 |
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C. | 451 |
1973ff, et seq., as amended, ballots shall be printed and ready | 452 |
for use on the
thirty-fifth day before the day of theany election | 453 |
other than a presidential primary
election, except that
those; | 454 |
(C) Absent voter's ballots provided for use at a general or | 470 |
primary election, or special election to be held on the day | 471 |
specified by division (E) of section 3501.01 of the Revised Code | 472 |
for the holding of a primary election, designated by the general | 473 |
assembly for the purpose of submitting constitutional amendments | 474 |
proposed by the general assembly to the voters of the state,
shall | 475 |
include only
those questions, issues, and candidacies
that
have | 476 |
been lawfully ordered submitted to the electors voting at
that | 477 |
election. | 478 |
Absent(D) If the laws governing the holding of a special | 479 |
election on a day other than the day on which a primary or general | 480 |
election is held make it impossible for absent voter's ballots to | 481 |
be printed and ready for use by the deadlines established in | 482 |
division (B) of this section, absent voter's ballots for those | 483 |
special elections held on days
other than the day on which general | 484 |
or primary elections are
held
shall be ready for use as many days | 485 |
before the day of the
election
as reasonably possible under the | 486 |
laws governing the
holding of
that special election. | 487 |
(B) Upon receipt by the director of elections of
an | 498 |
application for absent voter's ballots that contain all of the | 499 |
required information, as provided by
sections
3509.03 and 3509.031 | 500 |
and division (G) of section 3503.16 of the
Revised Code, the | 501 |
director,
if the director finds that the
applicant is a qualified | 502 |
elector, shall deliver
to the applicant in person or mail
directly | 503 |
to the applicant by
special delivery mail, air
mail, or regular | 504 |
mail, postage prepaid,
proper absent voter's ballots. The director | 505 |
shall
deliver or mail with the ballots an
unsealed identification | 506 |
envelope upon the face of which shall be printed athe following | 507 |
form
substantially as follows: | 508 |
...... In lieu of providing a driver's license number or the | 533 |
last four digits of my Social Security Number, I am enclosing a | 534 |
copy of one of the following in the return envelope in which this | 535 |
identification envelope will be mailed: a current and valid photo | 536 |
identification, a military identification, or a current utility | 537 |
bill, bank statement,
government check, paycheck, or other | 538 |
government document, other
than a notice of an election mailed by | 539 |
a board of elections under
section 3501.19 of the Revised Code or | 540 |
a notice of voter
registration mailed by a board of elections, | 541 |
that shows my name
and address. | 542 |
The director shall mail with the ballots and the unsealed | 549 |
identification envelope an unsealed
return
envelope
upon the face | 550 |
of which shall be printed the official
title and
post-office | 551 |
address of the director. In the upper left
corner
on the face of | 552 |
the return envelope, several blank lines shall be
printed
upon | 553 |
which the voter may write the voter's name and return
address, and | 554 |
beneath these lines there shall be printed a box
beside the words | 555 |
"check if out-of-country." The voter shall check
this box if the | 556 |
voter will be outside the United States on the day
of the | 557 |
election. The
return envelope shall be of such size that
the | 558 |
identification
envelope can be conveniently placed within it
for | 559 |
returning
the identification envelope to the director. | 560 |
Sec. 3509.05. (A) When an elector receives an absent | 561 |
voter's
ballot pursuant
to the elector's application or request, | 562 |
the
elector shall, before placing any marks on the ballot,
note | 563 |
whether there are any voting marks on it. If there are
any voting | 564 |
marks, the ballot shall be returned immediately to the
board of | 565 |
elections; otherwise, the elector shall cause the
ballot to be | 566 |
marked, folded in a manner that the stub on it and the | 567 |
indorsements and facsimile signatures of the members of the board | 568 |
of elections on the back of it are visible, and placed and
sealed | 569 |
within the identification envelope received from the
director of | 570 |
elections for that purpose. Then, the elector shall
cause the | 571 |
statement of voter on the outside of the identification
envelope | 572 |
to be completed and signed, under penalty of election | 573 |
falsification. | 574 |
If the elector does not provide the elector's driver's | 575 |
license number or the last four digits of the elector's social | 576 |
security number on the statement of voter on the identification | 577 |
envelope, the elector also shall include in the return envelope | 578 |
with the identification envelope a copy of the elector's current | 579 |
valid photo identification, a copy of a military identification, | 580 |
or a copy of a
current utility bill, bank statement, government | 581 |
check, paycheck,
or other government document, other than a | 582 |
notice of an election
mailed by a board of elections under | 583 |
section 3501.19 of the
Revised Code or a notice of voter | 584 |
registration mailed by a board
of elections under section 3503.19 | 585 |
of the Revised Code, that shows
the name and address of the | 586 |
elector. | 587 |
The elector shall mail the identification envelope to
the | 588 |
director from whom it was received in the return envelope,
postage | 589 |
prepaid, or the elector may personally deliver it to
the director, | 590 |
or the spouse of the elector, the father, mother, father-in-law, | 591 |
mother-in-law, grandfather, grandmother, brother, or sister of
the | 592 |
whole or half blood, or the son, daughter, adopting parent, | 593 |
adopted child, stepparent, stepchild, uncle, aunt, nephew, or | 594 |
niece of the elector may deliver it to the director. The
return | 595 |
envelope shall be transmitted to the director in no other
manner, | 596 |
except as provided in section 3509.08 of the Revised
Code. | 597 |
When absent voter's ballots are delivered to an elector at | 601 |
the office of the board, the elector may retire to a voting | 602 |
compartment provided by the board and there mark the ballots. | 603 |
Thereupon, the elector shall fold them, place them in the | 604 |
identification
envelope provided, seal the envelope, fill in and | 605 |
sign the statement on the envelope under penalty of election | 606 |
falsification, and deliver the envelope to the director of the | 607 |
board. | 608 |
Except as otherwise provided in divisions (B) and (C) of
this | 609 |
section, all other envelopes containing marked absent
voter's | 610 |
ballots shall be delivered to the director not later
than the | 611 |
close of the polls on the day of an election. Absent
voter's | 612 |
ballots delivered to the director later than the times
specified | 613 |
shall not be counted, but shall be kept by the board in
the sealed | 614 |
identification envelopes in which they are delivered
to the | 615 |
director, until the time provided by section 3505.31 of
the | 616 |
Revised Code for the destruction of all other ballots used at
the | 617 |
election for which ballots were provided, at which time they
shall | 618 |
be destroyed. | 619 |
(B)(1) Except as otherwise provided in division (B)(2) of | 620 |
this
section, any return envelope that indicates that the voter | 621 |
will
be outside the United States on the day of the election shall | 622 |
be
delivered to the director prior to the eleventh day after the | 623 |
election. Ballots delivered in such envelopes that are received | 624 |
after the close of the polls on election day through the tenth
day | 625 |
thereafter shall be counted on the eleventh day at the board
of | 626 |
elections in the manner provided in divisions (C) and (D) of | 627 |
section 3509.06 of the Revised Code. Any such ballots that are | 628 |
signed or postmarked after the close of the polls on the day of | 629 |
the election or that are received by the director later than the | 630 |
tenth day following the election shall not be counted, but shall | 631 |
be kept by the board in the sealed identification envelopes as | 632 |
provided in division (A) of this section. | 633 |
(2) In any year in which a presidential primary election
is | 634 |
held, any return envelope that indicates that the voter will
be | 635 |
outside the United States on the day of the presidential
primary | 636 |
election shall be delivered to the director prior to the | 637 |
twenty-first day after that election. Ballots delivered in such | 638 |
envelopes that are received after the close of the polls on | 639 |
election day through the twentieth day thereafter shall be
counted | 640 |
on the twenty-first day at the board of elections in the
manner | 641 |
provided in divisions (C) and (D) of section 3509.06 of
the | 642 |
Revised Code. Any such ballots that are signed or postmarked
after | 643 |
the close of the polls on the day of that election or that
are | 644 |
received by the director later than the twentieth day
following | 645 |
that election shall not be counted, but shall be kept
by the board | 646 |
in the sealed identification envelopes as provided
in division (A) | 647 |
of this section. | 648 |
(C)(1) Except as otherwise provided in division (C)(2) of | 649 |
this section, any return envelope that is postmarked within the | 650 |
United
States prior to the day of the election shall be delivered | 651 |
to the
director prior to the eleventh day after the election. | 652 |
Ballots
delivered in envelopes postmarked prior to the day of the | 653 |
election that are received after the close of the polls on | 654 |
election day through the tenth day thereafter shall be counted on | 655 |
the eleventh day at the board of elections in the manner provided | 656 |
in divisions (C) and (D) of section 3509.06 of the Revised Code. | 657 |
Any such ballots that are received by the director later than the | 658 |
tenth day following the election shall not be counted, but shall | 659 |
be kept by the board in the sealed identification envelopes as | 660 |
provided in division (A) of this section. | 661 |
(D)(1) Except as otherwise provided in division (D)(2) of | 665 |
this section, if a board of elections determines, prior to the | 666 |
close of the polls on the day of the election, that the statement | 667 |
of voter on a voter's absent voter's ballot identification | 668 |
envelope is incomplete, the board shall notify the absent voter by | 669 |
mail or by telephone that the voter's absent ballot will be | 670 |
rejected unless the voter
completes the statement prior to the | 671 |
close of the polls on the day
of the election. | 672 |
If a board of elections chooses to notify voters under | 677 |
division (D)(1) of this section of incomplete absent voter's | 678 |
ballot envelope statements for absent voter's ballots received | 679 |
after the eighth day before the day of the election, the board | 680 |
shall notify all voters whose absent voter's ballot envelope | 681 |
statements are incomplete that their absent voter's ballot | 682 |
envelopes will be rejected unless the voter completes the | 683 |
statement prior to the close of the
polls on the day of the | 684 |
election. | 685 |
(B) When the board of elections determines that absent | 691 |
voter's ballots shall be counted in each precinct, the director | 692 |
shall deliver to the presiding judge of each precinct on election | 693 |
day identification envelopes purporting to contain absent voter's | 694 |
ballots of electors whose voting residence appears from the | 695 |
statement of voter on the outside of each of those envelopes, to | 696 |
be located in such presiding judge's precinct, and which were | 697 |
received by the director not later than the close of the polls on | 698 |
election day. The director shall deliver to such presiding judge
a | 699 |
list containing the name and voting residence of each person
whose | 700 |
voting residence is in such precinct to whom absent voter's | 701 |
ballots were mailed. | 702 |
(C) When the board of elections determines that absent | 703 |
voter's ballots shall be counted at the office of the board of | 704 |
elections or at another location designated by the board, special | 705 |
election judges shall be appointed by the board for that purpose | 706 |
having the same authority as is exercised by precinct judges.
The | 707 |
votes so cast shall be added to the vote totals by the board,
and | 708 |
the absent voter's ballots shall be preserved separately by the | 709 |
board, in the same manner and for the same length of time as | 710 |
provided by section 3505.31 of the Revised Code. | 711 |
(D) Each of the identification envelopes purporting to | 712 |
contain absent
voter's ballots delivered to the presiding judge of | 713 |
the precinct
or the special judge appointed by the board of | 714 |
elections shall be
handled as follows: The election officials | 715 |
shall compare the signature of the
elector on the outside of the | 716 |
identification envelope with
the signature of that elector on the | 717 |
elector's registration
form and verify that the absent voter's | 718 |
ballot is eligible to be counted under section 3509.07 of the | 719 |
Revised Code. Any of the precinct officials may
challenge the | 720 |
right of the elector named on the identification
envelope to vote | 721 |
the absent voter's ballots upon the ground that
the signature on | 722 |
the envelope is not the same as the signature
on the registration | 723 |
form, that the identification envelope statement of voter has not | 724 |
been completed, or upon any other of the grounds upon
which the | 725 |
right of persons to vote may be lawfully challenged.
If no such | 726 |
challenge is made, or if such a challenge is made and
not | 727 |
sustained, the presiding judge shall open the envelope
without | 728 |
defacing the statement of voter and without mutilating
the ballots | 729 |
in it, and shall remove the ballots contained
in it and proceed to | 730 |
count them. | 731 |
The name of each person voting who is entitled to vote only | 732 |
an absent voter's presidential ballot shall be entered in a | 733 |
pollbook or poll list or signature pollbook followed by the words | 734 |
"Absentee Presidential Ballot." The name of each person voting
an | 735 |
absent voter's ballot, other than such persons entitled to
vote | 736 |
only a presidential ballot, shall be entered in the pollbook
or | 737 |
poll list or signature pollbook and the person's
registration card | 738 |
marked to indicate that the person has
voted. | 739 |
Sec. 3509.07. If
election officials find
that
the statement | 756 |
accompanying an absent
voter's ballot or absent
voter's | 757 |
presidential ballot is incomplete or insufficient, that the | 758 |
signatures
do not
correspond with
the person's registration | 759 |
signature,
that the
applicant is not a qualified elector in the | 760 |
precinct,
that the
ballot envelope
contains more than one ballot | 761 |
of any one
kind, or
any voted ballot
that the
elector is not | 762 |
entitled to vote,
that Stub A is detached from the absent
voter's | 763 |
ballot or absent
voter's presidential ballot, or that the elector | 764 |
has not included with the elector's ballot any identification | 765 |
required under section 3509.05 or 3511.09 of the Revised Code, the | 766 |
vote
shall not be accepted or
counted.
The vote of any
absent | 767 |
voter may be challenged for cause
in the
same manner as
other | 768 |
votes are challenged, and the
election
officials shall
determine | 769 |
the
legality of
that ballot.
Every
ballot not
counted shall
be | 770 |
endorsed on
its back
"Not
Counted"
with
the reasons
the ballot was | 771 |
not counted, and shall
be
enclosed
and
returned to or retained by | 772 |
the board of elections
along with the
contested
ballots. | 773 |
Sec. 3511.05. (A) The director of the board of elections | 774 |
shall
place armed service absent voter's ballots sent by mail in | 775 |
an unsealed
identification envelope, gummed ready for
sealing.
The | 776 |
director shall include with armed
service absent voter's
ballots | 777 |
sent by facsimile machine an
instruction sheet for
preparing a | 778 |
gummed envelope in which the
ballots shall be
returned. The | 779 |
envelope for returning ballots
sent by either means
shall
have | 780 |
printed or written on its face athe following form substantially | 781 |
as follows: | 782 |
...... In lieu of providing a driver's license number or the | 807 |
last four digits of my Social Security Number, I am enclosing a | 808 |
copy of one of the following in the return envelope in which this | 809 |
identification envelope will be mailed: a current and valid photo | 810 |
identification, a military identification, or a current utility | 811 |
bill, bank statement,
government check, paycheck, or other | 812 |
government document, other
than a notice of an election mailed by | 813 |
a board of elections under
section 3501.19 of the Revised Code or | 814 |
a notice of voter
registration mailed by a board of elections, | 815 |
that shows my name
and address. | 816 |
(B) The director shall also mail with the ballots and the | 823 |
unsealed identification envelope sent by mail an unsealed return | 824 |
envelope, gummed, ready for sealing, for use by the voter in | 825 |
returning
the voter's marked ballots to the director. The
director | 826 |
shall send with
the ballots and the instruction sheet for | 827 |
preparing a gummed
envelope sent by facsimile machine an | 828 |
instruction sheet for preparing a second
gummed envelope as | 829 |
described in this division, for use by the voter in
returning that | 830 |
voter's marked ballots to the
director. The return envelope shall | 831 |
have
two parallel lines, each one quarter of an inch in width, | 832 |
printed
across its face paralleling the top, with an intervening | 833 |
space of
one quarter of an inch between such lines. The top line | 834 |
shall be
one and one-quarter inches from the top of the envelope. | 835 |
Between
the parallel lines shall be printed: "OFFICIAL ELECTION | 836 |
ARMED SERVICE ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three
blank | 837 |
lines shall be printed in the upper left corner on the face
of
the | 838 |
envelope for the use by the voter in placing the voter's
complete | 839 |
military, naval, or mailing address
on these
lines, and
beneath | 840 |
these
lines there shall be printed a box beside
the words
"check | 841 |
if
out-of-country." The voter shall check this
box if the
voter | 842 |
will be outside the United States on the day of
the
election. The | 843 |
official
title and the post-office address of
the
director to whom | 844 |
the envelope shall
be returned shall be
printed
on the face of | 845 |
such envelope in the lower right
portion
below the
bottom parallel | 846 |
line. | 847 |
If the flap on this envelope is so firmly stuck to the
back | 851 |
of the envelope when received by you as to require forcible | 852 |
opening in order to use it, open the envelope in the manner
least | 853 |
injurious to it, and, after marking your ballots and
enclosing | 854 |
same in the envelope for mailing them to the director of
the board | 855 |
of elections, reclose the envelope in the most
practicable way, by | 856 |
sealing or otherwise, and sign the blank form
printed below. | 857 |
Sec. 3511.11.
(A) Upon receipt of any
return envelope | 865 |
bearing the
designation "Official Election Armed Service Absent | 866 |
Voter's
Ballot" prior to the twenty-first day after the day of a | 867 |
presidential primary election or prior to the eleventh day after | 868 |
the day of any other election, the director of the board of | 869 |
elections shall open it but shall not open the identification | 870 |
envelope
contained
in it. If, upon so opening
the return
envelope, | 871 |
the director finds ballots
in
it that are not
enclosed
in
and | 872 |
properly sealed in the
identification envelope,
the
director shall | 873 |
not
look at the markings upon
the ballots and
shall promptly
place | 874 |
them
in the identification envelope and
promptly seal
it. If, upon | 875 |
so opening
the return envelope, the
director finds
that
ballots | 876 |
are
enclosed in the
identification
envelope but that
it is not | 877 |
properly sealed,
the director shall
not look at the
markings upon | 878 |
the ballots and
shall promptly seal
the identification envelope. | 879 |
(B)(1) Except as otherwise provided in division (B)(2) of | 880 |
this section, if a board of elections determines, prior to the | 881 |
close of the polls on the day of the election, that the statement | 882 |
of voter on an armed service absent voter's ballot identification | 883 |
envelope is incomplete, the board shall notify the armed services | 884 |
absent voter by mail or by telephone that the voter's armed | 885 |
service absent voter's ballot will be rejected unless the voter | 886 |
completes the statement prior to the close of the polls on the day | 887 |
of the election. | 888 |
If a board of elections chooses to notify voters under | 893 |
division (B)(1) of this section of incomplete armed service absent | 894 |
voter's ballot envelope statements for armed service absent | 895 |
voter's ballots received after the eighth day before the day of | 896 |
the election, the board shall notify all voters whose armed | 897 |
service absent voter's ballot envelope statements are incomplete | 898 |
that their armed service absent voter's ballot envelopes will be | 899 |
rejected unless the voter completes the statement prior to the | 900 |
close of the polls on the day of the election. | 901 |
(C)(D) A return envelope that indicates that the voter will | 906 |
be
outside of the United States on the day of an election is not | 907 |
required to be postmarked in order for an armed service absent | 908 |
voter's ballot contained in it to be valid. Except as otherwise | 909 |
provided in this division, whether or not the return envelope | 910 |
containing the ballot is postmarked or contains an illegible | 911 |
postmark, an armed service absent voter's
ballot that
is
received | 912 |
after the close of the polls on election day through
the
tenth day
| 913 |
after the election day or, if the
election was a
presidential | 914 |
primary election, through the
twentieth day
after
the election | 915 |
day, and that
is
delivered in a return envelope that
indicates | 916 |
that the voter
will
be outside the United States on the
day of the | 917 |
election
shall be
counted on the eleventh day
after the
election | 918 |
day or, if the
election was a
presidential primary
election, on | 919 |
the twenty-first
day
after the election day, at the
office of the | 920 |
board of
elections in the manner provided in
divisions (C) and (D) | 921 |
of
section 3509.06 of the Revised Code.
However, if a
return | 922 |
envelope containing an armed service absent
voter's ballot
is so | 923 |
received and so indicates, but it is
postmarked, or
the | 924 |
identification envelope in it is signed, after
the close of the | 925 |
polls
on election day,
the armed service absent
voter's
ballot | 926 |
shall not be counted. | 927 |
(D)(E)(1) Except as otherwise provided in division (D)(E)(2) | 928 |
of
this section, any return envelope containing an armed service | 929 |
absent voter's ballot that is postmarked within the United States | 930 |
prior to the day of the election shall be delivered to the | 931 |
director prior to the eleventh day after the election. Armed | 932 |
service absent voter's ballots delivered in envelopes postmarked | 933 |
prior to the day of the election that are received after the close | 934 |
of the polls on election day through the tenth day thereafter | 935 |
shall be counted on the eleventh day at the board of elections in | 936 |
the manner provided in divisions (C) and (D) of section 3509.06 of | 937 |
the Revised Code. Any such ballots that are received by the | 938 |
director later than the tenth day following the election shall not | 939 |
be counted, but shall be kept by the board in the sealed | 940 |
identification envelopes as provided in division (A) of this | 941 |
section. | 942 |
Section 3. The General Assembly, applying the principle | 974 |
stated in division (B) of section 1.52 of the Revised Code that | 975 |
amendments are to be harmonized if reasonably capable of | 976 |
simultaneous operation, finds that the following section, | 977 |
presented in this act as the composite of the sections as amended | 978 |
by
the acts indicated, is the resulting version of the section in | 979 |
effect prior to the effective date of the section as presented in | 980 |
this act: | 981 |