Sub. S. B. No. 380 As Reported by the Senate State and Local Government and Veterans Affairs Committee

As Reported by the Senate State and Local Government and Veterans Affairs Committee

127th General Assembly

Regular Session

2007-2008

Sub. S. B. No. 380

Senator Seitz

Cosponsors: Senators Cates, Carey, Wagoner

A BILL

To amend sections 3501.10, 3501.90, 3503.15, 3505.21,

3509.01, 3509.04, 3509.05, 3509.06, 3509.07,

3511.05, and 3511.11 of the Revised Code to

require absent voter's ballot identification

envelope statements to be completed for absent

voter's ballots to be counted, to require boards

of elections to notify absent voters that their

ballots will be rejected if they do not complete

the required statement, to generally prohibit

same day voter registration and application for

absent voter's ballots, to permit election

observers to be appointed to serve at the board

of elections or at another designated site

during the time absent voter's ballots may be

cast in person, to revise the time period and

locations in which voters may cast absent voter's

ballots in person, and to require the Secretary

of State to notify boards of elections of

mismatches between voter registration

information and motor vehicle records.

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

Section 1. That sections 3501.10, 3501.90, 3503.15, 3505.21,	21
3509.01, 3509.04, 3509.05, 3509.06, 3509.07, 3511.05, and	22
3511.11 of the Revised Code be amended to read as follows:	23

Sec. 3501.10. (A) The board of elections shall, as an	24
expense of the board, provide suitable rooms for its offices and	25
records and the necessary and proper furniture and supplies for	26
those rooms. The board may lease such offices and rooms, necessary	27
to its operation, for the length of time and upon the terms the	28
board deems in the best interests of the public, provided that the	29
term of any such lease shall not exceed fifteen years.	30

Thirty days prior to entering into such a lease, the board	31
shall notify the board of county commissioners in writing of its	32
intent to enter into the lease. The notice shall specify the terms	33
and conditions of the lease. Prior to the thirtieth day after	34
receiving that notice and before any lease is entered into, the	35
board of county commissioners may reject the proposed lease by a	36
majority vote. After receiving written notification of the	37
rejection by the board of county commissioners, the board of	38
elections shall not enter into the lease that was rejected, but	39
may immediately enter into additional lease negotiations, subject	40
to the requirements of this section.	41

The board of elections in any county may, by resolution,	42
request that the board of county commissioners submit to the	43
electors of the county, in accordance with section 133.18 of the	44
Revised Code, the question of issuing bonds for the acquisition of	45
real estate and the construction on it of a suitable building with	46
necessary furniture and equipment for the proper administration of	47
the duties of the board of elections. The resolution declaring the	48
necessity for issuing such bonds shall relate only to the	49
acquisition of real estate and to the construction, furnishing,	50
and equipping of a building as provided in this division.	51

(B) The board of elections in each county shall keep its	52
offices, or one or more of its branch registration offices, open	53
for the performance of its duties until nine p.m. on the last day	54
of registration before a general or primary election. At all other	55
times during each week, the board shall keep its offices and rooms	56
open for a period of time that the board considers necessary for	57
the performance of its duties.	58

(C) The board of elections may maintain permanent or	59
temporary branch offices at any place within the county~~, provided~~	60
~~that, if the board of elections permits electors to vote at a~~	61
~~branch office, electors shall not be permitted to vote at any~~	62
~~other branch office or any other office of the board of elections~~.	63
The board shall not employ more than three such locations,	64
including the office of the board of elections and all branch	65
offices of the board of elections, for the purpose of allowing	66
voters to cast absent voter's ballots in person at an election.	67

A majority vote of the members of the board is required to	68
establish more than one location at which voters may cast absent	69
voter's ballots in person at an election. If the board votes to	70
establish more than one location at which voters may cast absent	71
voter's ballots in person, the board shall select locations in the	72
county that are geographically diverse. If at least three members	73
of the board do not agree to establish additional locations or do	74
not agree on the geographic locations within the county, the board	75
shall only permit absent voter's ballots to be voted in person at	76
the office of the board of elections for that election.	77

Sec. 3501.90. (A) As used in this section:

(1) "Harassment in violation of the election law" means	79
~~either~~any of the following:	80

(a) Any of the following types of conduct in or about a	81
polling place or a place of registration or election: obstructing	82
access of an elector to a polling place; another improper practice	83
or attempt tending to obstruct, intimidate, or interfere with an	84
elector in registering or voting at a place of registration or	85
election; molesting or otherwise engaging in violence against	86
observers in the performance of their duties at a place of	87
registration or election; or participating in a riot, violence,	88
tumult, or disorder in and about a place of registration or	89
election;	90

(b) A violation of division (A)(1), (2), (3), or (5) or	91
division (B) of section 3501.35 of the Revised Code;	92

(c) A violation of division (G)(2) of section 3505.21 of the	93
Revised Code.	94

(2) "Person" has the same meaning as in division (C) of	95
section 1.59 of the Revised Code and also includes any	96
organization that is not otherwise covered by that division.	97

(3) "Trier of fact" means the jury or, in a nonjury action,	98
the court.	99

(B) An elector who has experienced harassment in violation of	100
the election law has a cause of action against each person that	101
committed the harassment in violation of the election law. In any	102
civil action based on this cause of action, the elector may seek a	103
declaratory judgment, an injunction, or other appropriate	104
equitable relief. The civil action may be commenced by an elector	105
who has experienced harassment in violation of the election law	106
either alone or as a party to a class action under Civil Rule 23.	107

(C)(1) In addition to the equitable relief authorized by	108
division (B) of this section, an elector who has experienced	109
harassment in violation of the election law may be entitled to	110
relief under division (C)(2) or (3) of this section.	111

(2) If the harassment in violation of the election law	112
involved intentional or reckless threatening or causing of bodily	113
harm to the elector while the elector was attempting to register	114
to vote, to obtain an absent voter's ballot, or to vote, the	115
elector may seek, in a civil action based on the cause of action	116
created by division (B) of this section, monetary damages as	117
prescribed in this division. The civil action may be commenced by	118
the elector who has experienced harassment in violation of the	119
election law either alone or as a party to a class action under	120
Civil Rule 23. Upon proof by a preponderance of the evidence in	121
the civil action that the harassment in violation of the election	122
law involved intentional or reckless threatening or causing of	123
bodily harm to the elector, the trier of fact shall award the	124
elector the greater of three times of the amount of the elector's	125
actual damages or one thousand dollars. The court also shall award	126
a prevailing elector reasonable attorney's fees and court costs.	127

(3) Whether a civil action on the cause of action created by	128
division (B) of this section is commenced by an elector who has	129
experienced harassment in violation of the election law alone or	130
as a party to a class action under Civil Rule 23, if the defendant	131
in the action is an organization that has previously been	132
determined in a court of this state to have engaged in harassment	133
in violation of the election law, the elector may seek an order of	134
the court granting any of the following forms of relief upon proof	135
by a preponderance of the evidence:	136

(a) Divestiture of the organization's interest in any	137
enterprise or in any real property;	138

(b) Reasonable restrictions upon the future activities or	139
investments of the organization, including, but not limited to,	140
prohibiting the organization from engaging in any harassment in	141
violation of the election law;	142

143

(d) The suspension or revocation of any license, permit, or	144
prior approval granted to the organization by any state agency;	145

(e) The revocation of the organization's authorization to do	146
business in this state if the organization is a foreign	147
corporation or other form of foreign entity.	148

(D) It shall not be a defense in a civil action based on the	149
cause of action created by division (B) of this section, whether	150
commenced by an elector who has experienced harassment in	151
violation of the election law alone or as a party to a class	152
action under Civil Rule 23, that no criminal prosecution was	153
commenced or conviction obtained in connection with the conduct	154
alleged to be the basis of the civil action.	155

(E) In a civil action based on the cause of action created by	156
division (B) of this section, whether commenced by an elector who	157
has experienced harassment in violation of the election law alone	158
or as a party to a class action under Civil Rule 23, the elector	159
may name as defendants each individual who engaged in conduct	160
constituting harassment in violation of the election law as well	161
as any person that employs, sponsors, or uses as an agent any such	162
individual or that has organized a common scheme to cause	163
harassment in violation of the election law.	164

Sec. 3503.15. (A) The secretary of state shall establish and	165
maintain a statewide voter registration database that shall be	166
continuously available to each board of elections and to other	167
agencies as authorized by law.	168

(B) The statewide voter registration database established	169
under this section shall be the official list of registered voters	170
for all elections conducted in this state.	171

(C) The statewide voter registration database established	172
under this section shall, at a minimum, include all of the	173
following:	174

(1) An electronic network that connects all board of	175
elections offices with the office of the secretary of state and	176
with the offices of all other boards of elections;	177

(2) A computer program that harmonizes the records contained	178
in the database with records maintained by each board of	179
elections;	180

(3) An interactive computer program that allows access to the	181
records contained in the database by each board of elections and	182
by any persons authorized by the secretary of state to add,	183
delete, modify, or print database records, and to conduct updates	184
of the database;	185

(4) A search program capable of verifying registered voters	186
and their registration information by name, driver's license	187
number, birth date, social security number, or current address;	188

(5) Safeguards and components to ensure that the integrity,	189
security, and confidentiality of the voter registration	190
information is maintained.	191

(D) The secretary of state shall adopt rules pursuant to	192
Chapter 119. of the Revised Code doing all of the following:	193

(1) Specifying the manner in which existing voter	194
registration records maintained by boards of elections shall be	195
converted to electronic files for inclusion in the statewide voter	196
registration database;	197

(2) Establishing a uniform method for entering voter	198
registration records into the statewide voter registration	199
database on an expedited basis, but not less than once per day, if	200
new registration information is received;	201

(3) Establishing a uniform method for purging canceled voter	202
registration records from the statewide voter registration	203
database in accordance with section 3503.21 of the Revised Code;	204

(4) Specifying the persons authorized to add, delete, modify,	205
or print records contained in the statewide voter registration	206
database and to make updates of that database;	207

(5) Establishing a process for annually auditing the	208
information contained in the statewide voter registration	209
database.	210

(E) A board of elections promptly shall purge a voter's name	211
and voter registration information from the statewide voter	212
registration database in accordance with the rules adopted by the	213
secretary of state under division (D)(3) of this section after the	214
cancellation of a voter's registration under section 3503.21 of	215
the Revised Code.	216

(F) The secretary of state shall provide training in the	217
operation of the statewide voter registration database to each	218
board of elections and to any persons authorized by the secretary	219
of state to add, delete, modify, or print database records, and to	220
conduct updates of the database.	221

(G)(1) The statewide voter registration database established	222
under this section shall be made available on a web site of the	223
office of the secretary of state as follows:	224

(a) Except as otherwise provided in division (G)(1)(b) of	225
this section, only the following information from the statewide	226
voter registration database regarding a registered voter shall be	227
made available on the web site:	228

(i) The voter's name;

229

(ii) The voter's address;

230

(iii) The voter's precinct number;

231

(iv) The voter's voting history.

232

(b) During the thirty days before the day of a primary or	233
general election, the web site interface of the statewide voter	234
registration database shall permit a voter to search for the	235
polling location at which that voter may cast a ballot.	236

(2) The secretary of state shall establish, by rule adopted	237
under Chapter 119. of the Revised Code, a process for boards of	238
elections to notify the secretary of state of changes in the	239
locations of precinct polling places for the purpose of updating	240
the information made available on the secretary of state's web	241
site under division (G)(1)(b) of this section. Those rules shall	242
require a board of elections, during the thirty days before the	243
day of a primary or general election, to notify the secretary of	244
state within one business day of any change to the location of a	245
precinct polling place within the county.	246

(3) During the thirty days before the day of a primary or	247
general election, not later than one business day after receiving	248
a notification from a county pursuant to division (G)(2) of this	249
section that the location of a precinct polling place has changed,	250
the secretary of state shall update that information on the	251
secretary of state's web site for the purpose of division	252
(G)(1)(b) of this section.	253

(H)(1) The secretary of state and the registrar of motor	254
vehicles shall enter into an agreement to match information in the	255
statewide voter registration database with motor vehicle records	256
for the purpose of verifying the accuracy of the information in	257
the statewide voter registration database and the information	258
provided on voter registration applications, as required under 42	259
U.S.C. 15483.	260

(2) The secretary of state shall notify the applicable board	261
of elections of any mismatches between voter registration	262
information and motor vehicle records that the secretary of state	263
receives under division (H)(1) of this section regarding persons	264
registered to vote in the applicable county.	265

(3)(a) Upon notification of mismatches by the secretary of	266
state under division (H)(2) of this section, the board of	267
elections shall notify each affected voter of the mismatch	268
regarding the voter's information. The board shall provide the	269
voter with the opportunity to verify and correct the mismatched	270
information.	271

(b) The secretary of state shall establish, by rule adopted	272
under Chapter 119. of the Revised Code, procedures for boards of	273
elections to notify affected voters of mismatches and to provide	274
those voters with the opportunity to verify and correct the	275
mismatched information under division (H)(3)(a) of this section.	276
Rules adopted under this division shall conform to the voluntary	277
guidelines for implementing statewide voter registration lists	278
adopted by the United States election assistance commission.	279

(4) Notwithstanding any provision of the Revised Code to the	280
contrary, a mismatch shall not be the sole reason for the removal	281
of a voter from the statewide voter registration database.	282

(5) As used in division (H) of this section, "mismatch" means	283
any of the following data fields that are not identical to one	284
another with respect to a particular individual when information	285
in the statewide voter registration database is compared to motor	286
vehicle records:	287

(a) Driver's license number;

288

(b) Social security number;

289

290

Sec. 3505.21. (A) As used in this section, "during the	291
casting of the ballots" includes any time during which a board of	292
elections permits an elector to vote an absent voter's ballot in	293
person at the office of the board or at another site designated by	294
the board under division (C) of section 3501.10 of the Revised	295
Code.	296

(B) At any primary, special, or general election, any	297
political party supporting candidates to be voted upon at such	298
election and any group of five or more candidates may appoint to	299
the board of elections or to any of the precincts in the county or	300
city one person, a qualified elector, who shall serve as observer	301
for such party or such candidates during the casting of the	302
ballots and during the counting of the ballots; provided that	303
separate observers may be appointed to serve during the casting	304
and during the counting of the ballots. No candidate, no uniformed	305
peace officer as defined by section 2935.01 of the Revised Code,	306
no uniformed state highway patrol trooper, no uniformed member of	307
any fire department, no uniformed member of the armed services, no	308
uniformed member of the organized militia, no person wearing any	309
other uniform, and no person carrying a firearm or other deadly	310
weapon shall serve as an observer, nor shall any candidate be	311
represented by more than one observer at any one precinct or other	312
voting location except that a candidate who is a member of a party	313
controlling committee, as defined in section 3517.03 of the	314
Revised Code, may serve as an observer. ~~Any~~	315

(C) Any political party or group of candidates appointing	316
observers shall notify the board of elections of the names and	317
addresses of its appointees and ~~the precincts~~each precinct or	318
other location at which they shall serve. Notification of	319
observers appointed to serve on the day of an election shall take	320
place not less than eleven days before the day of the election on	321
forms prescribed by the secretary of state and may be amended by	322
filing an amendment with the board of elections at any time until	323
four p.m. of the day before the election. Notification of	324
observers appointed to serve at the office of the board or at	325
another location during the time absent voter's ballots may be	326
cast in person shall take place not less than eleven days before	327
absent voter's ballots are required to be ready for use pursuant	328
to section 3509.01 of the Revised Code on forms prescribed by the	329
secretary of state and may be amended by filing an amendment with	330
the board of elections at any time until four p.m. of the day	331
before the observer is appointed to serve. The observer serving on	332
behalf of a political party shall be appointed in writing by the	333
chairperson and secretary of the respective controlling party	334
committee. Observers serving for any five or more candidates shall	335
have their certificates signed by those candidates. Observers	336
appointed to a precinct may file their certificates of appointment	337
with the presiding judge of the precinct at the meeting on the	338
evening prior to the election, or with the presiding judge of the	339
precinct on the day of the election. ~~Upon~~Observers appointed to	340
the office of the board or another designated site to observe the	341
casting of absent voter's ballots in person prior to the day of	342
the election may file their certificates with the director of the	343
board of elections the day before or on the day that the observers	344
are scheduled to serve at the office of the board or other	345
designated site.	346

Upon the filing of a certificate, the person named as	347
observer in the certificate shall be permitted to be in and about	348
the applicable polling place ~~for the precinct~~ during the casting	349
of the ballots and shall be permitted to watch every proceeding of	350
the judges of elections from the time of the opening until the	351
closing of the polls. The observer also may inspect the counting	352
of all ballots in the polling place or board of elections from the	353
time of the closing of the polls until the counting is completed	354
and the final returns are certified and signed. Observers	355
appointed to serve at the board of elections on the day of an	356
election under this section may observe at the board of elections	357
and may observe at any precinct in the county. The judges of	358
elections shall protect such observers in all of the rights and	359
privileges granted to them by Title XXXV of the Revised Code.	360

(D) No persons other than the judges of elections, the	361
observers, a police officer, other persons who are detailed to any	362
precinct on request of the board of elections, or the secretary of	363
state or the secretary of state's legal representative shall be	364
admitted to the polling place, or any room in which a board of	365
elections is counting ballots, after the closing of the polls	366
until the counting, certifying, and signing of the final returns	367
of each election have been completed.	368

(E) Not later than four p.m. of the twentieth day prior to an	369
election at which questions are to be submitted to a vote of the	370
people, any committee that in good faith advocates or opposes a	371
measure may file a petition with the board of any county asking	372
that the petitioners be recognized as the committee entitled to	373
appoint observers to the count at the election. If more than one	374
committee alleging themselves to advocate or oppose the same	375
measure file such a petition, the board shall decide and announce	376
by registered mail to each committee not less than twelve days	377
immediately preceding the election which committee is recognized	378
as being entitled to appoint observers. The decision shall not be	379
final, but any aggrieved party may institute mandamus proceedings	380
in the court of common pleas of the county in which the board has	381
jurisdiction to compel the judges of elections to accept the	382
appointees of such aggrieved party. Any such recognized committee	383
may appoint an observer to the count in each precinct. Committees	384
appointing observers shall notify the board of elections of the	385
names and addresses of its appointees and the precincts at which	386
they shall serve. Notification shall take place not less than	387
eleven days before the election on forms prescribed by the	388
secretary of state and may be amended by filing an amendment with	389
the board of elections at any time until four p.m. on the day	390
before the election. A person so appointed shall file the person's	391
certificate of appointment with the presiding judge in the	392
precinct in which the person has been appointed to serve.	393
Observers shall file their certificates before the polls are	394
closed. In no case shall more than six observers be appointed for	395
any one election in any one precinct. If more than three questions	396
are to be voted on, the committees which have appointed observers	397
may agree upon not to exceed six observers, and the judges of	398
elections shall appoint such observers. If such committees fail to	399
agree, the judges of elections shall appoint six observers from	400
the appointees so certified, in such manner that each side of the	401
several questions shall be represented.	402

(F) No person shall serve as an observer at any precinct or	403
other voting location unless the board of elections of the county	404
in which such observer is to serve has first been notified of the	405
name, address, and precinct or other location at which such	406
observer is to serve. Notification to the board of elections shall	407
be given by the political party, group of candidates, or committee	408
appointing such observer as prescribed in this section. No such	409
observers shall receive any compensation from the county,	410
municipal corporation, or township, and they shall take the	411
following oath, to be administered by one of the judges of	412
elections:	413

"You do solemnly swear that you will faithfully and	414
impartially discharge the duties as an official observer, assigned	415
by law; that you will not cause any delay to persons offering to	416
vote; and that you will not disclose or communicate to any person	417
how any elector has voted at such election."	418

(G)(1) An observer who serves during the casting of the	419
ballots shall only be permitted to do the following:	420

(a) Watch and listen to the activities conducted by the	421
precinct election officials and the interactions between precinct	422
election officials and voters, as long as the precinct election	423
officials are not delayed in performing the officials' prescribed	424
duties and voters are not delayed in casting their ballots;	425

(b) Make notes on the observer's observations other than by	426
means of a photographic, video, or audio recording.	427

(2) No observer who serves during the casting of the ballots	428
shall interact with any precinct election official or with any	429
voter while the observer is inside the polling place, within the	430
area between the polling place and the small flags of the United	431
States placed on the thoroughfares and walkways leading to the	432
polling place, or within ten feet of any elector in line waiting	433
to vote, if the line of electors waiting to vote extends beyond	434
those small flags.	435

Sec. 3509.01. (A) The board of elections of each county shall	436
provide absent voter's ballots for use at every primary and	437
general election, or special election to be held on the day	438
specified by division (E) of section 3501.01 of the Revised Code	439
for the holding of a primary election, designated by the general	440
assembly for the purpose of submitting constitutional amendments	441
proposed by the general assembly to the voters of the state. Those	442
ballots shall be the same size, shall be printed on the same kind	443
of paper, and shall be in the same form as has been approved for	444
use at the election for which those ballots are to be voted;	445
except that, in counties using marking devices, ballot cards may	446
be used for absent voter's ballots, and those absent voters shall	447
be instructed to record the vote in the manner provided on the	448
ballot cards. In counties where punch card ballots are used, those	449
absent voters shall be instructed to examine their marked ballot	450
cards and to remove any chads that remain partially attached to	451
them before returning them to election officials.	452

(B) The rotation of names of candidates and questions and	453
issues shall be substantially complied with on absent voter's	454
ballots, within the limitation of time allotted. Those ballots	455
shall be designated as "Absent Voter's Ballots." ~~and~~Except as	456
otherwise provided in division (D) of this section, those ballots	457
shall be printed and ready for use as follows:	458

(1) For overseas voters and absent uniformed services voters	459
eligible to vote under the Uniformed and Overseas Citizens	460
Absentee Voting Act, Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.	461
1973ff, et seq., as amended, ballots shall be printed and ready	462
for use on the thirty-fifth day before the day of ~~the~~any election	463
other than a presidential primary election~~, except that those~~;	464

(2) For all voters, other than overseas voters and absent	465
uniformed services voters, who are applying to vote absent voter's	466
ballots other than in person, ballots shall be printed and ready	467
for use on the twenty-eighth day before the day of any election	468
other than a presidential primary election;	469

(3) For all voters, other than overseas voters and absent	470
uniformed services voters, who are applying to vote absent voter's	471
ballots in person, ballots shall be printed and ready for use	472
beginning on the twentieth day before the day of the election and	473
shall continue to be available for use through five p.m. on the	474
day before the day of the election;	475

(4) For all voters who are applying to vote absent voter's	476
ballots other than in person, ballots shall be printed and ready	477
for use on the twenty-fifth day before the day of a presidential	478
primary election.	479

(C) Absent voter's ballots provided for use at a general or	480
primary election, or special election to be held on the day	481
specified by division (E) of section 3501.01 of the Revised Code	482
for the holding of a primary election, designated by the general	483
assembly for the purpose of submitting constitutional amendments	484
proposed by the general assembly to the voters of the state, shall	485
include only those questions, issues, and candidacies that have	486
been lawfully ordered submitted to the electors voting at that	487
election.	488

~~Absent~~(D) If the laws governing the holding of a special	489
election on a day other than the day on which a primary or general	490
election is held make it impossible for absent voter's ballots to	491
be printed and ready for use by the deadlines established in	492
division (B) of this section, absent voter's ballots for those	493
special elections ~~held on days other than the day on which general~~	494
~~or primary elections are held~~ shall be ready for use as many days	495
before the day of the election as reasonably possible under the	496
laws governing the holding of that special election.	497

(E) A copy of the absent voter's ballots shall be forwarded	498
by the director of the board in each county to the secretary of	499
state at least twenty-five days before the election.	500

(F) As used in this section, "chad" and "punch card ballot"	501
have the same meanings as in section 3506.16 of the Revised Code.	502

Sec. 3509.04. (A) If a director of a board of elections	503
receives an application for absent voter's ballots that does not	504
contain all of the required information, the director promptly	505
shall notify the applicant of the additional information required	506
to be provided by the applicant to complete that application.	507

(B) Upon receipt by the director of elections of an	508
application for absent voter's ballots that contain all of the	509
required information, as provided by sections 3509.03 and 3509.031	510
and division (G) of section 3503.16 of the Revised Code, the	511
director, if the director finds that the applicant is a qualified	512
elector, shall deliver to the applicant in person or mail directly	513
to the applicant by special delivery mail, air mail, or regular	514
mail, postage prepaid, proper absent voter's ballots. The director	515
shall deliver or mail with the ballots an unsealed identification	516
envelope upon the face of which shall be printed athe following	517
form ~~substantially as follows~~:	518

"Identification Envelope Statement of Voter	519

I, ........................(Name of voter), declare under	520
penalty of election falsification that the within ballot or	521
ballots contained no voting marks of any kind when I received	522
them, and I caused the ballot or ballots to be marked, enclosed in	523
the identification envelope, and sealed in that envelope.	524

My voting residence in Ohio is

525

...................................................................	526

(Street and Number, if any, or Rural Route and Number)	527

of ................................ (City, Village, or Township)	528
Ohio, which is in Ward ............... Precinct ................	529
in that city, village, or township.	530

The primary election ballots, if any, within this envelope	531
are primary election ballots of the ............. Party.	532

Ballots contained within this envelope are to be voted at the	533
.......... (general, special, or primary) election to be held on	534
the .......................... day of ......................, ....	535

My date of birth is ............... (Month and Day),	536
.......... (Year).	537

(Voter must provide one of the following:)

538

My driver's license number is ............... (Driver's	539
license number).	540

The last four digits of my Social Security Number are	541
............... (Last four digits of Social Security Number).	542

...... In lieu of providing a driver's license number or the	543
last four digits of my Social Security Number, I am enclosing a	544
copy of one of the following in the return envelope in which this	545
identification envelope will be mailed: a current and valid photo	546
identification, a military identification, or a current utility	547
bill, bank statement, government check, paycheck, or other	548
government document, other than a notice of an election mailed by	549
a board of elections under section 3501.19 of the Revised Code or	550
a notice of voter registration mailed by a board of elections,	551
that shows my name and address.	552

I hereby declare, under penalty of election falsification,	553
that the statements above are true, as I verily believe.	554

			555
	(Signature of Voter)		556

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	557
THE FIFTH DEGREE."	558

The director shall mail with the ballots and the unsealed	559
identification envelope an unsealed return envelope upon the face	560
of which shall be printed the official title and post-office	561
address of the director. In the upper left corner on the face of	562
the return envelope, several blank lines shall be printed upon	563
which the voter may write the voter's name and return address, and	564
beneath these lines there shall be printed a box beside the words	565
"check if out-of-country." The voter shall check this box if the	566
voter will be outside the United States on the day of the	567
election. The return envelope shall be of such size that the	568
identification envelope can be conveniently placed within it for	569
returning the identification envelope to the director.	570

Sec. 3509.05. (A) When an elector receives an absent	571
voter's ballot pursuant to the elector's application or request,	572
the elector shall, before placing any marks on the ballot, note	573
whether there are any voting marks on it. If there are any voting	574
marks, the ballot shall be returned immediately to the board of	575
elections; otherwise, the elector shall cause the ballot to be	576
marked, folded in a manner that the stub on it and the	577
indorsements and facsimile signatures of the members of the board	578
of elections on the back of it are visible, and placed and sealed	579
within the identification envelope received from the director of	580
elections for that purpose. Then, the elector shall cause the	581
statement of voter on the outside of the identification envelope	582
to be completed and signed, under penalty of election	583
falsification.	584

If the elector does not provide the elector's driver's	585
license number or the last four digits of the elector's social	586
security number on the statement of voter on the identification	587
envelope, the elector also shall include in the return envelope	588
with the identification envelope a copy of the elector's current	589
valid photo identification, a copy of a military identification,	590
or a copy of a current utility bill, bank statement, government	591
check, paycheck, or other government document, other than a	592
notice of an election mailed by a board of elections under	593
section 3501.19 of the Revised Code or a notice of voter	594
registration mailed by a board of elections under section 3503.19	595
of the Revised Code, that shows the name and address of the	596
elector.	597

The elector shall mail the identification envelope to the	598
director from whom it was received in the return envelope, postage	599
prepaid, or the elector may personally deliver it to the director,	600
or the spouse of the elector, the father, mother, father-in-law,	601
mother-in-law, grandfather, grandmother, brother, or sister of the	602
whole or half blood, or the son, daughter, adopting parent,	603
adopted child, stepparent, stepchild, uncle, aunt, nephew, or	604
niece of the elector may deliver it to the director. The return	605
envelope shall be transmitted to the director in no other manner,	606
except as provided in section 3509.08 of the Revised Code.	607

Each elector who will be outside the United States on the day	608
of the election shall check the box on the return envelope	609
indicating this fact.	610

When absent voter's ballots are delivered to an elector at	611
the office of the board, the elector may retire to a voting	612
compartment provided by the board and there mark the ballots.	613
Thereupon, the elector shall fold them, place them in the	614
identification envelope provided, seal the envelope, fill in and	615
sign the statement on the envelope under penalty of election	616
falsification, and deliver the envelope to the director of the	617
board.	618

Except as otherwise provided in divisions (B) and (C) of this	619
section, all other envelopes containing marked absent voter's	620
ballots shall be delivered to the director not later than the	621
close of the polls on the day of an election. Absent voter's	622
ballots delivered to the director later than the times specified	623
shall not be counted, but shall be kept by the board in the sealed	624
identification envelopes in which they are delivered to the	625
director, until the time provided by section 3505.31 of the	626
Revised Code for the destruction of all other ballots used at the	627
election for which ballots were provided, at which time they shall	628
be destroyed.	629

(B)(1) Except as otherwise provided in division (B)(2) of	630
this section, any return envelope that indicates that the voter	631
will be outside the United States on the day of the election shall	632
be delivered to the director prior to the eleventh day after the	633
election. Ballots delivered in such envelopes that are received	634
after the close of the polls on election day through the tenth day	635
thereafter shall be counted on the eleventh day at the board of	636
elections in the manner provided in divisions (C) and (D) of	637
section 3509.06 of the Revised Code. Any such ballots that are	638
signed or postmarked after the close of the polls on the day of	639
the election or that are received by the director later than the	640
tenth day following the election shall not be counted, but shall	641
be kept by the board in the sealed identification envelopes as	642
provided in division (A) of this section.	643

(2) In any year in which a presidential primary election is	644
held, any return envelope that indicates that the voter will be	645
outside the United States on the day of the presidential primary	646
election shall be delivered to the director prior to the	647
twenty-first day after that election. Ballots delivered in such	648
envelopes that are received after the close of the polls on	649
election day through the twentieth day thereafter shall be counted	650
on the twenty-first day at the board of elections in the manner	651
provided in divisions (C) and (D) of section 3509.06 of the	652
Revised Code. Any such ballots that are signed or postmarked after	653
the close of the polls on the day of that election or that are	654
received by the director later than the twentieth day following	655
that election shall not be counted, but shall be kept by the board	656
in the sealed identification envelopes as provided in division (A)	657
of this section.	658

(C)(1) Except as otherwise provided in division (C)(2) of	659
this section, any return envelope that is postmarked within the	660
United States prior to the day of the election shall be delivered	661
to the director prior to the eleventh day after the election.	662
Ballots delivered in envelopes postmarked prior to the day of the	663
election that are received after the close of the polls on	664
election day through the tenth day thereafter shall be counted on	665
the eleventh day at the board of elections in the manner provided	666
in divisions (C) and (D) of section 3509.06 of the Revised Code.	667
Any such ballots that are received by the director later than the	668
tenth day following the election shall not be counted, but shall	669
be kept by the board in the sealed identification envelopes as	670
provided in division (A) of this section.	671

(2) Division (C)(1) of this section shall not apply to any	672
mail that is postmarked using a postage evidencing system,	673
including a postage meter, as defined in 39 C.F.R. 501.1.	674

(D)(1) Except as otherwise provided in division (D)(2) of	675
this section, if a board of elections determines, prior to the	676
close of the polls on the day of the election, that the statement	677
of voter on a voter's absent voter's ballot identification	678
envelope is incomplete, the board shall notify the absent voter by	679
mail or by telephone that the voter's absent ballot will be	680
rejected unless the voter completes the statement prior to the	681
close of the polls on the day of the election.	682

(2) A board of elections shall not be required to notify	683
voters under division (D)(1) of this section for any absent	684
voter's ballots that the board receives after the eighth day	685
before the day of the election.	686

If a board of elections chooses to notify voters under	687
division (D)(1) of this section of incomplete absent voter's	688
ballot envelope statements for absent voter's ballots received	689
after the eighth day before the day of the election, the board	690
shall notify all voters whose absent voter's ballot envelope	691
statements are incomplete that their absent voter's ballot	692
envelopes will be rejected unless the voter completes the	693
statement prior to the close of the polls on the day of the	694
election.	695

Sec. 3509.06. (A) The board of elections shall determine	696
whether absent voter's ballots shall be counted in each precinct,	697
at the office of the board, or at some other location designated	698
by the board, and shall proceed accordingly under division (B) or	699
(C) of this section.	700

(B) When the board of elections determines that absent	701
voter's ballots shall be counted in each precinct, the director	702
shall deliver to the presiding judge of each precinct on election	703
day identification envelopes purporting to contain absent voter's	704
ballots of electors whose voting residence appears from the	705
statement of voter on the outside of each of those envelopes, to	706
be located in such presiding judge's precinct, and which were	707
received by the director not later than the close of the polls on	708
election day. The director shall deliver to such presiding judge a	709
list containing the name and voting residence of each person whose	710
voting residence is in such precinct to whom absent voter's	711
ballots were mailed.	712

(C) When the board of elections determines that absent	713
voter's ballots shall be counted at the office of the board of	714
elections or at another location designated by the board, special	715
election judges shall be appointed by the board for that purpose	716
having the same authority as is exercised by precinct judges. The	717
votes so cast shall be added to the vote totals by the board, and	718
the absent voter's ballots shall be preserved separately by the	719
board, in the same manner and for the same length of time as	720
provided by section 3505.31 of the Revised Code.	721

(D) Each of the identification envelopes purporting to	722
contain absent voter's ballots delivered to the presiding judge of	723
the precinct or the special judge appointed by the board of	724
elections shall be handled as follows: The election officials	725
shall compare the signature of the elector on the outside of the	726
identification envelope with the signature of that elector on the	727
elector's registration form and verify that the absent voter's	728
ballot is eligible to be counted under section 3509.07 of the	729
Revised Code. Any of the precinct officials may challenge the	730
right of the elector named on the identification envelope to vote	731
the absent voter's ballots upon the ground that the signature on	732
the envelope is not the same as the signature on the registration	733
form, that the identification envelope statement of voter has not	734
been completed, or upon any other of the grounds upon which the	735
right of persons to vote may be lawfully challenged. If no such	736
challenge is made, or if such a challenge is made and not	737
sustained, the presiding judge shall open the envelope without	738
defacing the statement of voter and without mutilating the ballots	739
in it, and shall remove the ballots contained in it and proceed to	740
count them.	741

The name of each person voting who is entitled to vote only	742
an absent voter's presidential ballot shall be entered in a	743
pollbook or poll list or signature pollbook followed by the words	744
"Absentee Presidential Ballot." The name of each person voting an	745
absent voter's ballot, other than such persons entitled to vote	746
only a presidential ballot, shall be entered in the pollbook or	747
poll list or signature pollbook and the person's registration card	748
marked to indicate that the person has voted.	749

The date of such election shall also be entered on the	750
elector's registration form. If any such challenge is made and	751
sustained, the identification envelope of such elector shall not	752
be opened, shall be endorsed "Not Counted" with the reasons the	753
ballots were not counted, and shall be delivered to the board.	754

(E) Special election judges, employees or members of the	755
board of elections, or observers shall not disclose the count or	756
any portion of the count of absent voter's ballots prior to the	757
time of the closing of the polling places. No person shall	758
recklessly disclose the count or any portion of the count of	759
absent voter's ballots in such a manner as to jeopardize the	760
secrecy of any individual ballot.	761

(F) Observers may be appointed under section 3505.21 of the	762
Revised Code to witness the examination and opening of	763
identification envelopes and the counting of absent voters'	764
ballots under this section.	765

Sec. 3509.07. If election officials find that the statement	766
accompanying an absent voter's ballot or absent voter's	767
presidential ballot is incomplete or insufficient, that the	768
signatures do not correspond with the person's registration	769
signature, that the applicant is not a qualified elector in the	770
precinct, that the ballot envelope contains more than one ballot	771
of any one kind, or any voted ballot that the elector is not	772
entitled to vote, that Stub A is detached from the absent voter's	773
ballot or absent voter's presidential ballot, or that the elector	774
has not included with the elector's ballot any identification	775
required under section 3509.05 or 3511.09 of the Revised Code, the	776
vote shall not be accepted or counted. The vote of any absent	777
voter may be challenged for cause in the same manner as other	778
votes are challenged, and the election officials shall determine	779
the legality of that ballot. Every ballot not counted shall be	780
endorsed on its back "Not Counted" with the reasons the ballot was	781
not counted, and shall be enclosed and returned to or retained by	782
the board of elections along with the contested ballots.	783

Sec. 3511.05. (A) The director of the board of elections	784
shall place armed service absent voter's ballots sent by mail in	785
an unsealed identification envelope, gummed ready for sealing. The	786
director shall include with armed service absent voter's ballots	787
sent by facsimile machine an instruction sheet for preparing a	788
gummed envelope in which the ballots shall be returned. The	789
envelope for returning ballots sent by either means shall have	790
printed or written on its face athe following form ~~substantially~~	791
~~as follows~~:	792

"Identification Envelope Statement of Voter	793

I, ........................(Name of voter), declare under	794
penalty of election falsification that the within ballot or	795
ballots contained no voting marks of any kind when I received	796
them, and I caused the ballot or ballots to be marked, enclosed in	797
the identification envelope, and sealed in that envelope.	798

My voting residence in Ohio is

799

...................................................................	800

(Street and Number, if any, or Rural Route and Number)	801

of ................................ (City, Village, or Township)	802
Ohio, which is in Ward ............... Precinct ................	803
in that city, village, or township.	804

The primary election ballots, if any, within this envelope	805
are primary election ballots of the ............. Party.	806

Ballots contained within this envelope are to be voted at the	807
.......... (general, special, or primary) election to be held on	808
the .......................... day of ......................, ....	809

My date of birth is ............... (Month and Day),	810
.......... (Year).	811

(Voter must provide one of the following:)

812

My driver's license number is ............... (Driver's	813
license number).	814

The last four digits of my Social Security Number are	815
............... (Last four digits of Social Security Number).	816

...... In lieu of providing a driver's license number or the	817
last four digits of my Social Security Number, I am enclosing a	818
copy of one of the following in the return envelope in which this	819
identification envelope will be mailed: a current and valid photo	820
identification, a military identification, or a current utility	821
bill, bank statement, government check, paycheck, or other	822
government document, other than a notice of an election mailed by	823
a board of elections under section 3501.19 of the Revised Code or	824
a notice of voter registration mailed by a board of elections,	825
that shows my name and address.	826

I hereby declare, under penalty of election falsification,	827
that the statements above are true, as I verily believe.	828

			829
	(Signature of Voter)		830

WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY OF	831
THE FIFTH DEGREE."	832

(B) The director shall also mail with the ballots and the	833
unsealed identification envelope sent by mail an unsealed return	834
envelope, gummed, ready for sealing, for use by the voter in	835
returning the voter's marked ballots to the director. The director	836
shall send with the ballots and the instruction sheet for	837
preparing a gummed envelope sent by facsimile machine an	838
instruction sheet for preparing a second gummed envelope as	839
described in this division, for use by the voter in returning that	840
voter's marked ballots to the director. The return envelope shall	841
have two parallel lines, each one quarter of an inch in width,	842
printed across its face paralleling the top, with an intervening	843
space of one quarter of an inch between such lines. The top line	844
shall be one and one-quarter inches from the top of the envelope.	845
Between the parallel lines shall be printed: "OFFICIAL ELECTION	846
ARMED SERVICE ABSENT VOTER'S BALLOTS -- VIA AIR MAIL." Three blank	847
lines shall be printed in the upper left corner on the face of the	848
envelope for the use by the voter in placing the voter's complete	849
military, naval, or mailing address on these lines, and beneath	850
these lines there shall be printed a box beside the words "check	851
if out-of-country." The voter shall check this box if the voter	852
will be outside the United States on the day of the election. The	853
official title and the post-office address of the director to whom	854
the envelope shall be returned shall be printed on the face of	855
such envelope in the lower right portion below the bottom parallel	856
line.	857

(C) On the back of each identification envelope and each	858
return envelope shall be printed the following:	859

"Instructions to voter:	860

If the flap on this envelope is so firmly stuck to the back	861
of the envelope when received by you as to require forcible	862
opening in order to use it, open the envelope in the manner least	863
injurious to it, and, after marking your ballots and enclosing	864
same in the envelope for mailing them to the director of the board	865
of elections, reclose the envelope in the most practicable way, by	866
sealing or otherwise, and sign the blank form printed below.	867

The flap on this envelope was firmly stuck to the back of the	868
envelope when received, and required forced opening before sealing	869
and mailing.	870

			871
	(Signature of voter)"		872

(D) Division (C) of this section does not apply when absent	873
voter's ballots are sent by facsimile machine.	874

Sec. 3511.11. (A) Upon receipt of any return envelope	875
bearing the designation "Official Election Armed Service Absent	876
Voter's Ballot" prior to the twenty-first day after the day of a	877
presidential primary election or prior to the eleventh day after	878
the day of any other election, the director of the board of	879
elections shall open it but shall not open the identification	880
envelope contained in it. If, upon so opening the return envelope,	881
the director finds ballots in it that are not enclosed in and	882
properly sealed in the identification envelope, the director shall	883
not look at the markings upon the ballots and shall promptly place	884
them in the identification envelope and promptly seal it. If, upon	885
so opening the return envelope, the director finds that ballots	886
are enclosed in the identification envelope but that it is not	887
properly sealed, the director shall not look at the markings upon	888
the ballots and shall promptly seal the identification envelope.	889

(B)(1) Except as otherwise provided in division (B)(2) of	890
this section, if a board of elections determines, prior to the	891
close of the polls on the day of the election, that the statement	892
of voter on an armed service absent voter's ballot identification	893
envelope is incomplete, the board shall notify the armed services	894
absent voter by mail or by telephone that the voter's armed	895
service absent voter's ballot will be rejected unless the voter	896
completes the statement prior to the close of the polls on the day	897
of the election.	898

(2) A board of elections shall not be required to notify	899
voters under division (B)(1) of this section for any armed service	900
absent voter's ballots that the board receives after the eighth	901
day before the day of the election.	902

If a board of elections chooses to notify voters under	903
division (B)(1) of this section of incomplete armed service absent	904
voter's ballot envelope statements for armed service absent	905
voter's ballots received after the eighth day before the day of	906
the election, the board shall notify all voters whose armed	907
service absent voter's ballot envelope statements are incomplete	908
that their armed service absent voter's ballot envelopes will be	909
rejected unless the voter completes the statement prior to the	910
close of the polls on the day of the election.	911

(C) Armed service absent voter's ballots delivered to the	912
director not later than the close of the polls on election day	913
shall be counted in the manner provided in section 3509.06 of the	914
Revised Code.	915

~~(C)~~(D) A return envelope that indicates that the voter will	916
be outside of the United States on the day of an election is not	917
required to be postmarked in order for an armed service absent	918
voter's ballot contained in it to be valid. Except as otherwise	919
provided in this division, whether or not the return envelope	920
containing the ballot is postmarked or contains an illegible	921
postmark, an armed service absent voter's ballot that is received	922
after the close of the polls on election day through the tenth day	923
after the election day or, if the election was a presidential	924
primary election, through the twentieth day after the election	925
day, and that is delivered in a return envelope that indicates	926
that the voter will be outside the United States on the day of the	927
election shall be counted on the eleventh day after the election	928
day or, if the election was a presidential primary election, on	929
the twenty-first day after the election day, at the office of the	930
board of elections in the manner provided in divisions (C) and (D)	931
of section 3509.06 of the Revised Code. However, if a return	932
envelope containing an armed service absent voter's ballot is so	933
received and so indicates, but it is postmarked, or the	934
identification envelope in it is signed, after the close of the	935
polls on election day, the armed service absent voter's ballot	936
shall not be counted.	937

~~(D)~~(E)(1) Except as otherwise provided in division ~~(D)~~(E)(2)	938
of this section, any return envelope containing an armed service	939
absent voter's ballot that is postmarked within the United States	940
prior to the day of the election shall be delivered to the	941
director prior to the eleventh day after the election. Armed	942
service absent voter's ballots delivered in envelopes postmarked	943
prior to the day of the election that are received after the close	944
of the polls on election day through the tenth day thereafter	945
shall be counted on the eleventh day at the board of elections in	946
the manner provided in divisions (C) and (D) of section 3509.06 of	947
the Revised Code. Any such ballots that are received by the	948
director later than the tenth day following the election shall not	949
be counted, but shall be kept by the board in the sealed	950
identification envelopes as provided in division (A) of this	951
section.	952

(2) Division ~~(D)~~(E)(1) of this section shall not apply to any	953
mail that is postmarked using a postage evidencing system,	954
including a postage meter, as defined in 39 C.F.R. 501.1.	955

~~(E)~~(F) The following types of armed service absent voter's	956
ballots shall not be counted:	957

(1) Armed service absent voter's ballots contained in return	958
envelopes that bear the designation "Official Election Armed	959
Service Absent Voter's Ballots," that are received by the director	960
after the close of the polls on the day of the election, and that	961
either are postmarked, or contain an identification envelope that	962
is signed, on or after election day;	963

(2) Armed service absent voter's ballots contained in return	964
envelopes that bear that designation, that do not indicate they	965
are from voters who will be outside the United States on the day	966
of the election, and that are received after the tenth day	967
following the election or, if the election was a presidential	968
primary election, after the twentieth day following the election;	969

(3) Armed service absent voter's ballots contained in return	970
envelopes that bear that designation, that are received by the	971
director within ten days after the day of the election, and that	972
were postmarked before the day of the election using a postage	973
evidencing system, including a postage meter, as defined in 39	974
C.F.R. 501.1.	975

The uncounted ballots shall be preserved in their	976
identification envelopes unopened until the time provided by	977
section 3505.31 of the Revised Code for the destruction of all	978
other ballots used at the election for which ballots were	979
provided, at which time they shall be destroyed.	980

Section 2. That existing sections 3501.10, 3501.90, 3503.15,	981
3505.21, 3509.01, 3509.04, 3509.05, 3509.06, 3509.07, 3511.05,	982
and 3511.11 of the Revised Code are hereby repealed.	983

Section 3. The General Assembly, applying the principle	984
stated in division (B) of section 1.52 of the Revised Code that	985
amendments are to be harmonized if reasonably capable of	986
simultaneous operation, finds that the following section,	987
presented in this act as the composite of the sections as amended	988
by the acts indicated, is the resulting version of the section in	989
effect prior to the effective date of the section as presented in	990
this act:	991

Section 3509.05 of the Revised Code as amended by both Am.	992
Sub. H.B. 350 and Am. Sub. H.B. 562 of the 127th General	993
Assembly.	994