As Introduced
128th General Assembly | Regular Session | 2009-2010 |
| |
Representatives Stewart, Heard
Cosponsors:
Representatives Book, Domenick, Dyer, Foley, Garland, Letson, Okey, Skindell, Weddington, Williams, B., Yuko
A BILL
To amend sections 3501.01, 3501.02, 3501.03, 3501.05,
3501.07,
3501.10,
3501.11, 3501.17, 3501.18,
3501.21,
3501.30, 3501.38, 3503.01,
3503.04,
3503.06, 3503.10, 3503.11,
3503.14, 3503.15,
3503.16, 3503.19,
3503.21,
3503.24, 3503.28,
3505.03, 3505.04,
3505.06,
3505.062, 3505.08,
3505.10,
3505.12, 3505.13, 3505.18,
3505.181,
3505.182,
3505.183, 3505.20, 3505.21,
3505.23,
3505.28,
3505.30, 3506.11, 3506.12,
3506.21,
3509.01,
3509.02, 3509.03, 3509.031,
3509.04,
3509.05,
3509.06, 3509.08, 3509.09,
3511.02,
3511.04,
3511.05, 3511.06, 3511.08,
3511.10,
3511.11,
3511.13,
3513.05, 3513.19,
3513.30,
3513.31,
3517.01, 3517.012, 3517.02,
3517.03,
3521.03,
4507.13, and
4507.52, to enact
new
sections
3509.07 and 3511.09 and sections
125.042,
3503.141, 3503.142, 3507.01, 3507.02,
3507.03,
3511.041, 3599.121, and 3599.191, and to
repeal
sections 3503.18, 3505.19, 3505.22,
3506.13,
3509.07, 3511.07, 3511.09, 3511.12,
and
3513.20
of the Revised Code to revise the
Election Law.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3501.01, 3501.02, 3501.03, 3501.05,
3501.07,
3501.10,
3501.11, 3501.17, 3501.18, 3501.21, 3501.30,
3501.38, 3503.01,
3503.04, 3503.06, 3503.10, 3503.11, 3503.14,
3503.15, 3503.16, 3503.19,
3503.21, 3503.24, 3503.28, 3505.03,
3505.04,
3505.06, 3505.062, 3505.08,
3505.10, 3505.12, 3505.13,
3505.18,
3505.181, 3505.182, 3505.183,
3505.20, 3505.21,
3505.23,
3505.28, 3505.30, 3506.11, 3506.12,
3506.21, 3509.01,
3509.02,
3509.03, 3509.031,
3509.04, 3509.05,
3509.06, 3509.08,
3509.09,
3511.02,
3511.04, 3511.05, 3511.06,
3511.08,
3511.10,
3511.11,
3511.13,
3513.05, 3513.19, 3513.30,
3513.31, 3517.01,
3517.012,
3517.02, 3517.03, 3521.03, 4507.13,
and
4507.52 be
amended and
new sections 3509.07 and 3511.09 and
sections
125.042, 3503.141,
3503.142, 3507.01, 3507.02, 3507.03,
3511.041, 3599.121, and
3599.191
of the Revised Code be enacted
to read as follows:
Sec. 125.042. (A) The department of administrative services,
by rule adopted under Chapter 119. of the Revised Code, shall
establish a purchasing program through which the department enters
into purchase contracts for supplies used by boards of elections,
including any polling place supplies required under section
3501.30 of the Revised Code. A board of elections that opts to
participate in the purchasing program may purchase its supplies
through the contracts entered into by the department.
(B) Purchases that a board of elections makes under this
section are exempt from any competitive selection procedures
otherwise required by law.
Sec. 3501.01. As used in the sections of the Revised Code
relating to elections and political communications:
(A) "General election" means the election held on the
first
Tuesday after the first Monday in each November.
(B) "Regular municipal election" means the election held
on
the first Tuesday after the first Monday in November in each
odd-numbered year.
(C) "Regular state election" means the election held on
the
first Tuesday after the first Monday in November in each
even-numbered year.
(D) "Special election" means any election other than those
elections defined in other divisions of this section. A special
election may be held only on the first Tuesday after the first
Monday in February, May, August, or November, or on the day
authorized by a particular municipal or county charter for the
holding of a primary election, except that in any year in which a
presidential primary election is held, no special election shall
be held in February or May, except as authorized by a municipal
or
county charter, but may be held on the first Tuesday
after the
first Monday in
March.
(E)(1) "Primary" or "primary election" means an election
held
for the purpose of nominating persons as candidates of
political
parties for election to offices, and for the purpose of
electing
persons as members of the controlling committees of
political
parties and as delegates and alternates to the
conventions of
political parties. Primary elections shall be
held
on the first
Tuesday after the first Monday in May of each
year
except in years
in which a presidential primary election is
held.
(2) "Presidential primary election" means a primary
election
as defined by division (E)(1) of this
section at which an election
is held for the purpose of choosing
delegates and alternates to
the national conventions of the major
political parties pursuant
to section 3513.12 of the Revised
Code. Unless otherwise
specified, presidential primary elections
are included in
references to primary elections. In years in
which a presidential
primary election is held, all primary
elections shall be held on
the first Tuesday after the
first Monday in March
except as
otherwise authorized by a municipal or county charter.
(F) "Political party" means any group of voters meeting
the
requirements set forth in section 3517.01 of the Revised Code
for
the formation and existence of a political party.
(1) "Major political party" means any political party
organized under the laws of this state whose candidate for
any of
the offices of governor, secretary of state, auditor of state,
treasurer of state, attorney general, or United States senator or
nominees for presidential electors received no less
than twenty
per cent of the total vote cast for such office any of those
offices at
either of the
two most recent regular state election
elections.
(2) "Intermediate political party" means any political
party
organized under the laws of this state whose candidate for
governor or
nominees for presidential electors received less than
twenty per
cent but not less than ten per cent of the total vote
cast for
such office at the most recent
regular
state
election.
(3) "Minor political party" means any political party
organized under the laws of this state whose candidate for
any of
the offices of governor, secretary of state, auditor of state,
treasurer of state, attorney general, or United States senator or
nominees for presidential electors received less than
ten twenty
per cent
but not less than five one per cent of the total vote
cast for
such office any of those offices at either of the two
most recent
regular
state election
elections or
which has filed
with the
secretary of state, subsequent to any
election two
successive
regular state elections in which it received less than
five one
per cent of such
the vote for any of those offices, a
petition
signed by qualified electors equal in number to
at least
one-quarter of one per cent of the total vote cast for such the
office of governor in
the last preceding regular state election,
except that a newly
formed political party shall be known as a
minor political party
until the time of the first regular state
election for
governor or president
which that occurs not less
than twelve months
subsequent to the
formation of such party,
after which election
the status of such
party as either a major
or minor political party shall be determined by the vote
percentage received by the party's candidate for any of the
office offices of governor
or president, secretary of state,
auditor of state, treasurer of state, attorney general, or United
States senator, or nominees for presidential electors.
(G) "Dominant party in a precinct" or "dominant political
party in a precinct" means that political party whose candidate
for election to the office of governor at the most
recent
regular
state election at which a governor was elected received
more votes
than any other person received for election to
that
office in such
precinct at such election.
(H) "Candidate" means any qualified person certified in
accordance with the provisions of the Revised Code for placement
on the official ballot of a primary, general, or special election
to be held in this state, or any qualified person who claims to be
a
write-in candidate, or who
knowingly assents to being
represented as a
write-in candidate by another at either a
primary,
general, or special election to be held in this state.
(I) "Independent candidate" means any candidate who claims
not to be
affiliated with a
political party, and whose name has
been certified on the office-type ballot at a general or special
election
through the filing of a statement of candidacy and
nominating petition, as
prescribed in section 3513.257 of the
Revised Code.
(J) "Nonpartisan candidate" means any candidate whose name
is
required, pursuant to section 3505.04 of the Revised Code, to
be
listed on the nonpartisan ballot, including all candidates for
judicial office, for member of any board of education, for
municipal or township offices in which primary elections are not
held for nominating candidates by political parties, and for
offices of municipal corporations having charters that provide
for
separate ballots for elections for these offices.
(K) "Party candidate" means any candidate who claims to be a
member of a
political party,
whose name has been certified
on the
office-type ballot at a general or special election
through the
filing of a declaration of candidacy and petition of
candidate,
and who has won the primary election of the
candidate's party for
the public office the candidate seeks, is nominated pursuant to
section 3513.02 of the Revised Code, or is selected
by party
committee in accordance with section 3513.31 of the Revised Code.
(L) "Officer of a political party" includes, but is not
limited to, any member, elected or appointed, of a controlling
committee, whether representing the territory of the state, a
district therein, a county, township, a city, a ward, a precinct,
or other territory, of a major, intermediate, or minor political
party.
(M) "Question or issue" means any question or issue
certified
in accordance with the Revised Code for placement on an
official
ballot at a general or special election to be held in
this state.
(N) "Elector" or "qualified elector" means a person having
the qualifications provided by law to be entitled to
vote.
(O) "Voter" means an elector who votes at an election.
(P) "Voting residence" means that place of residence of an
elector which shall determine the precinct in which the
elector
may vote.
(Q) "Precinct" means a district within a county
established
by the board of elections of such county within which
all
qualified electors having a voting residence therein may vote
at
the same polling place.
(R) "Polling place" means that place provided for each
precinct at which the electors having a voting residence in such
precinct may vote.
(S) "Board" or "board of elections" means the board of
elections appointed in a county pursuant to section 3501.06 of
the
Revised Code.
(T) "Political subdivision" means
a county,
township,
city,
village, or
school district.
(U) "Election officer" or
"election official" means any of
the
following:
(2) Employees of the secretary of state serving
the
division
of elections in the capacity of attorney, administrative
officer,
administrative assistant, elections administrator, office
manager,
or clerical
supervisor;
(3) Director of a board of elections;
(4) Deputy director of a board of elections;
(5)
Member of a board of elections;
(6) Employees of a board of elections;
(7) Precinct polling place judges;
(8) Employees appointed by the boards of elections on a
temporary or
part-time basis.
(V) "Acknowledgment notice" means a notice sent by a board
of
elections, on a
form prescribed by the secretary of state,
informing a voter registration
applicant or an applicant who
wishes to change the
applicant's residence or name of the status
of
the application; the information necessary to complete or
update
the application, if any; and if the application is
complete,
the precinct in which the applicant is to vote.
(W) "Confirmation notice" means a notice sent by a board of
elections, on a
form prescribed by the secretary of state, to a
registered elector to confirm
the registered elector's current
address.
(X) "Designated agency" means an office or agency in the
state that provides
public assistance or that provides
state-funded programs primarily engaged in
providing services to
persons with disabilities and that is required by the
National
Voter Registration Act of 1993 to implement a program designed and
administered by the secretary of state for registering voters, or
any other
public or government office or agency that implements a
program designed and
administered by the secretary of state for
registering voters, including the
department of job and family
services, the program
administered under section 3701.132
of the
Revised Code by the department of health, the department of mental
health, the department of mental retardation and developmental
disabilities,
the rehabilitation services commission, and any
other
agency the secretary of state designates. "Designated
agency" does
not include public high schools and vocational
schools, public libraries, or
the office of a county treasurer.
(Y) "National Voter Registration Act of 1993" means the
"National Voter
Registration Act of 1993," 107 Stat. 77, 42
U.S.C.A. 1973gg.
(Z) "Voting Rights Act of 1965" means the "Voting Rights Act
of 1965," 79
Stat. 437, 42 U.S.C.A. 1973, as amended.
(AA) "Photo identification" means a document that meets each
of the following requirements:
(1) It shows the name of the individual to whom it was
issued, which shall substantially conform to the name in the poll
list or
signature pollbook.
(2) It shows the current address of the individual to whom it
was issued, which shall conform to the address in the poll list or
signature pollbook, except for a driver's license or a state
identification card issued under section 4507.50 of the Revised
Code, which may show either the current or former address of the
individual to whom it was issued, regardless of whether that
address conforms to the address in the poll list or signature
pollbook.
(3) It shows a photograph of the individual to whom it was
issued.
(4)(3) It includes is not expired, if an expiration date that
has not passed appears on the document.
(5)(4) It was issued by the government of the United States
or
this state.
(BB) "Identification" means either of the following:
(1) A current and valid photo identification;
(2) Any two items that meet all of the following criteria:
(a) The item lists the elector's name in a manner that
substantially conforms to the elector's name in the statewide
voter registration database.
(b) The item was issued by any of the following sources:
(i) A nonprofit organization;
(iv) A government entity.
(c) The item is current and valid.
(CC) "First-time mail-in registrant" means an individual who
submitted a voter registration application by mail, who has not
previously voted in a federal election in this state, and who did
not include any of the following with the voter registration
application:
(1) The applicant's driver's license number;
(2) At least the last four digits of the applicant's social
security number;
(3) A copy of a current and valid photo identification that
shows the name and address of the applicant; or
(4) A copy of a current utility bill, bank statement,
government check, paycheck, or other government document that
shows the name and address of the applicant.
(DD) "First-time mail-in registrant identification" means a
current and valid photo identification
or a copy of a current
utility bill, bank statement, government
check, paycheck, or
other government document that shows the name
and address of the
elector.
Sec. 3501.02. General elections in the state and its
political subdivisions shall be held as follows:
(A) For the election of electors of president and
vice-president of the United States, in the year of 1932 and
every
four years thereafter;
(B) For the election of a member of the senate of the
United
States, in the years 1932 and 1934, and every six years
after each
of such years; except as otherwise provided for
filling vacancies;
(C) For the election of representatives in the congress of
the United States and of elective state and county officers
including elected members of the state board of education, in the
even-numbered years; except as otherwise provided for filling
vacancies;
(D) For municipal and township officers, members of boards
of
education, judges and clerks of municipal courts, in the
odd-numbered years;
(E) Proposed constitutional amendments or proposed
measures
submitted by the general assembly or by initiative or
referendum
petitions to the voters of the state at large may be
submitted to
at the general election in any year occurring at least
sixty one
hundred twenty-five days,
in case of a referendum, and ninety one
hundred twenty-five days,
in the case
of an initiated measure,
subsequent to the filing of
the
petitions therefor. Proposed
constitutional amendments
submitted
by the general assembly to
the voters of the state at
large may
be submitted at a special
election occurring on the day
in any
year specified by division
(E) of section 3501.01 of the
Revised
Code for the holding of a
primary election, when a special
election on that date is
designated by the general assembly in
the
resolution adopting the
proposed constitutional amendment.
No Notwithstanding any provision of the Revised Code to the
contrary, no special election shall be held on a day other than
the day that a primary election may be held or the
day of a
general election, unless a law or
municipal or county charter
provides
otherwise, regarding the
submission of a question or
issue to the
voters of a county,
township, city, village, or
school district, or other district.
(F) Any question or issue, except a candidacy, to be voted
upon at an election shall be certified, for placement upon the
ballot, to the board of elections not
later than four p.m. of the
seventy-fifth day
before the day of the election.
Sec. 3501.03. (A) At least ten days before the time for
holding an election the
board of elections shall give public
notice by a proclamation, posted in a
conspicuous place in the
courthouse and city hall, or by one insertion in a
newspaper
published in the county, but if no newspaper is published in such
county, then in a newspaper of general circulation therein.
(B) In the case of an election by mail held under Chapter
3507. of the Revised Code, the board shall give the notice
required by division (A) of this section at least ten days before
the date on which the board mails the absent voter's ballots
pursuant to section 3507.02 of the Revised Code. The
notice shall
indicate that a person who is a qualified elector may
vote at the
office of the board if the person moves from one
precinct to
another or changes the person's name on or prior to
the day
before the election and has not filed with the board a
notice of
change of residence or change of name, respectively.
(C) The board shall have authority to publicize information
relative to
registration or elections.
Sec. 3501.05. The secretary of state shall
do all of the
following:
(A) Appoint all members of boards of elections;
(B)
Issue instructions by directives and advisories in
accordance with section 3501.053 of the Revised Code to
members
of
the boards as to the proper methods
of conducting
elections.;
(C) Prepare rules and instructions for the conduct of
elections;
(D) Publish and furnish Provide to the boards from time to
time a
sufficient number of indexed copies of an electronic link
to all election laws then in
force;
(E) Edit and issue all pamphlets concerning proposed laws
or
amendments required by law to be submitted to the voters;
(F) Prescribe the form of registration cards,
blanks, and
records;
(G) Determine and prescribe the forms of ballots and the
forms of all blanks, cards of instructions, pollbooks, tally
sheets, certificates of election, and
forms and blanks
required by
law for use by candidates, committees, and boards;
(H) Prepare the ballot title or statement to be placed on
the
ballot for any proposed law or amendment to the constitution
to be
submitted to the voters of the state;
(I) Except as otherwise provided in section 3519.08 of the
Revised Code, certify to the several boards the forms of ballots
and
names of candidates for state offices, and the form and
wording
of
state referendum questions and issues, as they shall
appear on
the
ballot;
(J) Except as otherwise provided in division (I)(2)(b) of
section 3501.38 of the Revised Code, give final approval to ballot
language for any
local
question or
issue approved and transmitted
by boards of elections
under section 3501.11
of the Revised Code;
(K) Receive all initiative and referendum petitions on
state
questions and issues and determine and certify to the
sufficiency
of
those petitions;
(L) Require such reports from the several boards as are
provided by law, or as the secretary of state
considers
necessary;
(M) Compel the observance by election officers in the
several
counties of the requirements of the election laws;
(N)(1) Except as otherwise provided in division (N)(2) of
this section,
investigate the administration of election laws,
frauds, and irregularities in elections in any county, and report
violations of election laws to the attorney general or
prosecuting
attorney, or both, for prosecution;
(2) On and after
August
24, 1995, report a failure to
comply
with or a violation of a
provision in sections 3517.08 to 3517.13,
3517.17, 3517.18,
3517.20 to 3517.22, 3599.03, or 3599.031 of the
Revised
Code,
whenever the secretary of state has or should have
knowledge of a
failure to comply with or a violation of a
provision in one of
those sections,
by filing a complaint with the
Ohio elections
commission under section
3517.153 of the Revised
Code;
(O) Make an annual report to the governor containing the
results of elections,
the cost of elections in the various
counties,
a
tabulation of the votes in the several political
subdivisions,
and
other information and recommendations
relative
to
elections
the secretary
of state considers
desirable;
(P) Prescribe and distribute to boards of elections a list
of
instructions indicating all legal steps necessary to petition
successfully for local option elections under sections 4301.32 to
4301.41, 4303.29, 4305.14, and 4305.15 of the Revised Code;
(Q) Adopt rules pursuant to Chapter 119. of the Revised Code
for the removal by boards of elections of ineligible voters
from
the statewide voter registration
database and, if
applicable,
from the poll list or signature pollbook used in each
precinct,
which rules shall provide for all of the following:
(1) A process for the removal of voters who have changed
residence,
which shall be uniform,
nondiscriminatory, and in
compliance with
the Voting Rights Act of 1965 and
the National
Voter Registration
Act of 1993, including a program that uses the
national change of
address service provided by the United States
postal system
through its licensees;
(2) A process for the removal of ineligible voters under
section 3503.21 of the Revised Code;
(3) A uniform system for marking or removing the name of a
voter who is ineligible to vote from the statewide
voter
registration database and, if applicable, from the poll list or
signature
pollbook used in each precinct and noting the reason
for that mark
or removal.
(R) Prescribe a general program for registering voters or
updating voter
registration information, such as name and
residence changes, by boards of elections, designated
agencies,
offices of deputy
registrars of motor
vehicles, public high
schools and vocational
schools, public
libraries, and offices
of
county treasurers consistent with the
requirements of section
sections
3503.09 to 3503.11 of the Revised Code;
(S) Prescribe
a program of distribution of voter
registration
forms through
boards of elections, designated
agencies, offices of the
registrar
and
deputy registrars of
motor
vehicles, public high schools and
vocational schools, public
libraries, and offices of county
treasurers;
(T) To the extent feasible, provide copies, at no cost and
upon
request, of
the voter registration form in post offices in
this state;
(U) Adopt rules pursuant to section 111.15 of the Revised
Code for the
purpose of implementing the program for registering
voters through boards of elections, designated
agencies, and
the
offices of the registrar and
deputy registrars of motor
vehicles
consistent with this chapter and the requirements of sections
3503.09 to 3503.11 of the Revised Code;
(V) Establish the full-time position of Americans with
Disabilities Act coordinator within the office of the secretary of
state to do all of the following:
(1) Assist the secretary of state with ensuring that there is
equal access to polling places for persons with disabilities;
(2) Assist the secretary of state with ensuring that each
voter may cast the voter's ballot in a manner that provides the
same opportunity for access and participation, including privacy
and independence, as for other voters;
(3) Advise the secretary of state in the development of
standards for the certification of voting machines, marking
devices, and automatic tabulating equipment.
(W) Establish and maintain a computerized statewide
database
of all legally registered voters under section 3503.15
of the
Revised Code that complies with the requirements of the
"Help
America Vote Act of 2002," Pub. L. No. 107-252, 116 Stat.
1666,
and provide training in the operation of that system;
(X) Ensure that all directives, advisories, other
instructions, or decisions issued or made during or as a result of
any conference or teleconference call with a board of elections to
discuss the proper methods and procedures for conducting
elections, to answer questions regarding elections, or to discuss
the interpretation of directives, advisories, or other
instructions issued by the secretary of state are posted on a web
site of the office of the secretary of state as soon as is
practicable after the completion of the conference or
teleconference call, but not later than the close of business on
the same day as the conference or teleconference call takes
place.;
(Y) Publish a report on a web site of the office of the
secretary of state not later than one month after the completion
of the canvass of the election returns for each primary and
general election, identifying, by county, the number of absent
voter's ballots cast and the number of those ballots that were
counted, and the number of provisional ballots cast and the number
of those ballots that were counted, for that election. The
secretary of state shall maintain the information on the web site
in an archive format for each subsequent election.
(Z) Conduct voter education outlining voter
identification,
absent voters ballot, provisional ballot, and
other voting
requirements;
(AA) Establish a procedure by which a registered elector
may
make available to a board of elections a
more
recent signature
to be used in the poll list or signature
pollbook
produced by
the board of elections of the county in
which the
elector
resides;
(BB) Disseminate information, which may include all or
part
of the official explanations and arguments, by means of
direct
mail or other written publication, broadcast, or other
means or
combination of means, as directed by the Ohio ballot
board under
division (F) of section 3505.062 of the Revised Code,
in order to
inform the voters as fully as possible concerning
each proposed
constitutional amendment, proposed law, or
referendum;
(CC) Perform
other duties
required by law.
Whenever a primary election is held under section 3513.32 of
the Revised Code
or a special
election is held under section
3521.03 of the Revised Code to fill a vacancy
in the office of
representative to congress, the secretary of state shall establish
a deadline,
notwithstanding any other deadline required under the
Revised
Code, by which any or all of the following shall occur:
the filing
of a declaration of candidacy and petitions or a
statement of candidacy and
nominating petition together with the
applicable filing fee; the filing of
protests against the
candidacy of any person filing a declaration of candidacy
or
nominating petition; the filing of a declaration of intent to be a
write-in
candidate; the filing of campaign finance reports; the
preparation of, and the
making of corrections or challenges to,
precinct voter registration lists; the
receipt of applications for
absent voter's ballots or armed service absent
voter's ballots;
the supplying of election materials to precincts by boards of
elections; the holding of hearings by boards of elections to
consider
challenges to the right of a person to appear on a voter
registration list;
and the scheduling of programs to instruct or
reinstruct election officers.
In the performance of the
secretary of state's
duties as the
chief election officer, the secretary of state may
administer
oaths, issue
subpoenas, summon witnesses, compel the
production of
books,
papers, records, and other evidence, and fix
the time and
place
for hearing any matters relating to the
administration and
enforcement of the election laws.
In any controversy involving or arising out of the adoption
of registration or the appropriation of funds
for
registration,
the
secretary of state may, through the attorney
general, bring an
action in the name of the state in the
court of
common pleas
of
the
county where the cause of action arose
or in an adjoining
county, to adjudicate the question.
In any action involving the laws in Title XXXV of the
Revised
Code wherein the interpretation of those laws is in issue
in such
a manner that the result of the action will affect the
lawful
duties of the secretary of state or of any board of
elections, the
secretary of state may, on the
secretary of
state's
motion, be
made a
party.
The secretary of state may apply to any court that is
hearing
a case in which the secretary of state is a party, for a
change of
venue as a
substantive right, and
the change of venue shall
be
allowed, and
the case removed to the
court of common pleas
of an
adjoining county
named in the application or,
if there
are cases
pending in
more than one jurisdiction that
involve the
same or
similar
issues,
the court of common pleas of
Franklin county.
Public high schools and vocational schools, public libraries,
and the
office of a county treasurer shall implement voter
registration programs as
directed by the secretary of state
pursuant to this section.
Sec. 3501.07. At a meeting held not more than sixty nor
less
than fifteen days before the expiration date of the term of
office
of a member of the board of elections, or within fifteen
days
after a vacancy occurs in the board, the county executive
committee of the major political party entitled to the
appointment
may make and file a recommendation with the secretary
of state for
the appointment of a qualified elector. The
secretary of state
shall appoint such elector, unless he the
secretary of state has
reason to believe that the elector would not be a
competent member
of such board. In such cases the secretary of state shall
so state
in writing to the chairman chairperson of such county
executive
committee, with the reasons therefor, and such committee may
either
recommend another elector or may apply for a writ of
mandamus to the supreme court to compel the secretary of state to
appoint the elector so recommended. In such action the burden of
proof to show the qualifications of the person so recommended
shall be on the committee making the recommendation. If no such
recommendation is made or if a writ of mandamus has not been
granted, the secretary of state shall make the
appointment, and
that decision shall be final. If a recommendation is made, the
secretary shall appoint that elector unless the secretary of state
has reason to believe that the elector would not be a competent
member of the board. In that case, the secretary of state shall so
state in writing to the chairperson of the county executive
committee and shall make the appointment. That decision shall be
final.
If a vacancy on the board of elections is to be filled by a
minor or an intermediate political party, authorized officials of
that party may within fifteen days after the vacancy occurs
recommend a qualified person to the secretary of state for
appointment to such vacancy make and file with the secretary of
state a recommendation for the appointment of a qualified elector.
The secretary of state shall appoint that elector unless the
secretary of state has reason to believe that the elector would
not be a competent member of the board. In that case, the
secretary of state shall so state in writing to the authorized
party officials, with the reasons therefor, and the party
officials may either recommend another elector or may apply for a
writ of mandamus to the supreme court to compel the secretary of
state to appoint the elector so recommended. In such action the
burden of proof to show the qualifications of the person so
recommended shall be on the party officials making the
recommendation. If no such recommendation is made or such writ of
mandamus has not been granted, the secretary of state shall make
the appointment. If a recommendation is made, the secretary shall
appoint such elector, unless the secretary of state has reason to
believe that the elector would not be a competent member of such
board. In such cases the secretary of state shall so state in
writing to the authorized party officials, and shall make the
appointment. That decision shall be final.
Sec. 3501.10. (A) The board of elections shall, as an
expense of the board, provide suitable rooms for its offices and
records and the necessary and proper furniture and supplies for
those rooms. The board may lease such offices and rooms,
necessary
to its operation, for the length of time and upon the
terms the
board deems in the best interests of the public,
provided that the
term of any such lease shall not exceed fifteen
years.
Thirty days prior to entering into such a lease, the board
shall notify the
board of county commissioners in writing of its
intent to enter into the
lease. The notice shall specify the terms
and conditions of the lease. Prior
to the thirtieth day after
receiving that notice and before any lease is
entered into, the
board of county commissioners may reject the proposed lease
by a
majority vote. After receiving written notification of the
rejection by
the board of county commissioners, the board of
elections shall not enter into
the lease that was rejected, but
may immediately enter into additional lease
negotiations, subject
to the requirements of this section.
The board of
elections in any county may, by resolution,
request that the board of county
commissioners submit to the
electors of the county, in accordance with section
133.18 of the
Revised Code, the question of issuing bonds for the acquisition
of
real estate and the construction on it of a suitable building with
necessary furniture and equipment for the proper administration of
the duties
of the board of elections. The resolution declaring the
necessity for issuing
such bonds shall relate only to the
acquisition of real estate and to the
construction, furnishing,
and equipping of a building as provided in this
division.
(B) The board of elections in each county shall keep its
offices, or one or more of its branch registration offices, open
for the performance of its duties until nine p.m. on the last day
of registration before a general or
primary election. At
all other
times during each week, the board shall keep its
offices and rooms
open for a period of time that the board
considers necessary for
the performance of its duties.
(C) The board of elections may maintain permanent or
temporary branch
offices at any place within the county, provided
that, if the board of elections permits electors to vote at a
branch office, electors shall not be permitted to vote at any
other branch office or any other office of the board of elections.
The board shall not employ more than four such locations for the
purpose of allowing voters to cast absent voter's ballots in
person at an election.
An affirmative vote of three members of the board is required
to establish more than one location at which voters may cast
absent voter's ballots in person at an election. In the case of a
tie vote or disagreement in the board, the board shall submit the
matter to the secretary of state in accordance with division (X)
of section 3501.11 of the Revised Code.
If the board votes to establish more than one location at
which voters may cast absent voter's ballots in person, the board
shall submit to the secretary of state a plan for the location of
those voting locations.
(D) The secretary of state shall establish, by rule adopted
under Chapter 119. of the Revised Code, the form and content for
voting location plans required to be submitted to the secretary of
state under division (C) of this section. The rules shall address
the equitable distribution of locations at which voters may cast
absent voter's ballots in person, including the distribution of
those locations with respect to a county's unique geography,
population distribution, minority voter access, and ease of voter
access to the locations. The rules also shall include provisions
to ensure, to the extent practical, that the plans will not result
in locations that will unduly favor any political party.
Sec. 3501.11. Each board of elections shall exercise by a
majority vote all powers granted to
the board by Title XXXV
of
the
Revised Code, shall perform all the duties imposed by law,
and
shall
do all of the following:
(A) Establish, define, provide, rearrange, and combine
election precincts in accordance with section 3501.18 of the
Revised Code and any directive the
secretary of state may
provide;
(B) Fix and provide the places for registration and for
holding primaries and elections;
(C) Provide for the purchase, preservation, and
maintenance
of booths, ballot boxes, books, maps, flags, blanks,
cards of
instructions, and other forms, papers, and equipment
used in
registration, nominations, and elections;
(D) Appoint and remove its director, deputy director, and
employees and all registrars, judges, and other officers
of
elections, fill vacancies, and designate the ward or district
and
precinct in which each shall serve;
(E) Make and issue
rules and instructions, not
inconsistent
with law or the rules, directives, or
advisories issued by the
secretary
of state, as it
considers
necessary for the guidance of
election
officers and
voters;
(F) Advertise and contract for the printing of all ballots
and other supplies used in registrations and elections, or provide
for the acquisition of those supplies through the department of
administrative services;
(G) Provide for the issuance of all notices,
advertisements,
and publications concerning elections, except as
otherwise
provided in division (G) of section 3501.17 and divisions (F) and
(G) of section 3505.062 of the Revised Code;
(H) Provide for the delivery of ballots, pollbooks, and
other
required papers and material to the polling places;
(I) Cause the polling places to be suitably provided with
voting machines, marking devices, automatic tabulating equipment,
stalls, and other required supplies. In fulfilling this duty, each
board of a county that uses voting machines, marking devices, or
automatic tabulating equipment shall conduct a full vote of the
board during a public session of the board on provide for the
allocation and
distribution of voting machines, marking devices,
and automatic
tabulating equipment for each precinct in the
county in accordance with section 3506.12 of the Revised Code.
(J) Investigate irregularities, nonperformance of duties,
or
violations of Title XXXV of the Revised Code by election
officers
and other persons; administer oaths, issue subpoenas,
summon
witnesses, and compel the production of books, papers,
records,
and other evidence in connection with any such
investigation; and
report the facts to the prosecuting attorney or the secretary of
state;
(K) Review, examine, and certify the sufficiency and
validity
of petitions and nomination papers, and, after
certification,
return to the
secretary of state all petitions and
nomination
papers that the secretary of
state forwarded to
the
board;
(L) Receive the returns of elections, canvass the returns,
make abstracts
of them, and transmit
those abstracts
to the
proper
authorities;
(M) Issue certificates of election on forms to be
prescribed
by the secretary of state;
(N) Make an annual report to the secretary of state, on
the
form prescribed by the secretary of state, containing a
statement
of the number
of voters registered, elections held, votes cast,
appropriations
received,
expenditures made, and
other
data
required by the secretary of state;
(O) Prepare and submit to the proper appropriating officer
a
budget estimating the cost of elections for the ensuing fiscal
year;
(P) Perform
other duties as
prescribed by law or
the
rules,
directives, or advisories of the secretary of
state;
(Q) Investigate and determine the residence qualifications
of
electors;
(R) Administer oaths in matters pertaining to the
administration of the election laws;
(S) Prepare and submit to the secretary of state, whenever
the secretary of state requires, a report containing the
names and
residence
addresses of all incumbent county, municipal, township,
and board
of education officials serving in their respective
counties;
(T) Establish and maintain a voter registration database of
all
qualified electors in the county who offer to register;
(U) Maintain voter registration records, make reports
concerning voter
registration as required by the secretary of
state, and remove ineligible
electors from voter registration
lists in accordance with law and directives
of the secretary of
state;
(V) Give approval to ballot language for any local question
or issue and
transmit
the language to the secretary of state for
the secretary of state's final
approval;
(W) Prepare and cause the following notice to be displayed
in
a prominent location in every polling place:
"NOTICE
Ohio law prohibits any person from voting or attempting to
vote more than once at the same election.
Violators are guilty of a felony of the fourth degree and
shall be
imprisoned and additionally may be fined in accordance
with law."
(X) In all cases of a tie vote or a disagreement in the
board,
if
no decision can be arrived at, the director or
chairperson shall
submit the matter in controversy, not later than
fourteen days
after the tie vote or the disagreement, to the
secretary of
state,
who shall summarily decide the question, and
the secretary of
state's
decision shall be final.;
(Y) Assist each designated agency,
deputy registrar of motor
vehicles, public high school and
vocational school, public
library, and office of a county treasurer in the
implementation of
a program for registering voters at all voter registration
locations as prescribed by the secretary of state.
Under this
program, each board of elections shall direct to the appropriate
board of elections any voter registration applications for persons
residing
outside the county where the board is located within five
days after receiving
the applications.
(Z) On any day on which an elector may vote in person at the
office of the
board or at another site designated by the board,
consider
the board or other
designated site a polling
place for
that day. All
requirements or prohibitions of law
that apply to a
polling place shall apply
to the office of the
board or other
designated site on that day.
Sec. 3501.17. (A) The expenses of the board of elections
shall
be paid from the county treasury, in pursuance of
appropriations
by the board of county commissioners, in the same
manner as other
county expenses are paid. If the board of county
commissioners
fails to appropriate an amount sufficient to provide
for the
necessary and proper expenses of the board of elections
pertaining to the conduct of elections,
the board of elections
may apply to the court of common pleas within the county,
which
shall fix the amount necessary to be appropriated and
the amount
shall be appropriated. Payments shall be made upon
vouchers of the
board of elections certified to by its
chairperson or acting
chairperson and the
director or deputy director, upon warrants of
the county auditor.
The board
of elections shall not
incur any obligation
involving the expenditure of money unless
there are moneys
sufficient in the funds appropriated therefor to
meet the
obligation. If the board of elections requests a transfer of funds
from one of its appropriation items to another, the board of
county commissioners shall adopt a resolution providing for the
transfer except as otherwise provided in section 5705.40 of the
Revised Code. The expenses of the board of elections shall be
apportioned among
the county and the various subdivisions as
provided in this
section, and the amount chargeable to each
subdivision shall be
withheld by the auditor from the moneys
payable thereto at the
time of the next tax settlement. At the
time of submitting
budget estimates in each year, the board of
elections shall
submit to the taxing authority of each
subdivision, upon the
request of the subdivision, an estimate of
the amount to be
withheld from the subdivision during the next
fiscal year.
(B) Except as otherwise provided in division
divisions (C)
and (F) of this
section, the compensation of the members of
the
board of
elections and of the director, deputy director, and
regular
employees in the board's offices, other than compensation
for
overtime worked; the expenditures for the
rental, furnishing,
and
equipping of the office of the board and
for the necessary
office
supplies for the use of the board; the
expenditures for
the
acquisition, repair, care, and custody of
the polling places,
booths, guardrails, and other equipment for
polling places; the
cost of tally sheets, maps, flags,
ballot boxes, and
all other
permanent records and equipment; the
cost of all
elections held
in and for the state and county; and
all other
expenses of the
board which are not chargeable to a
political
subdivision in
accordance with this section shall be
paid in the
same manner as
other county expenses are paid.
(C) The compensation for overtime worked by members of boards
of elections and by the director, deputy director, and regular
employees in the office of a board of elections to prepare for and
conduct the primary or election; the compensation of judges of
elections and
intermittent
employees in the board's offices; the
cost of
renting, moving,
heating, and lighting polling places
and
of
placing and removing
ballot boxes and other fixtures and
equipment
thereof, including
voting machines, marking devices,
and automatic
tabulating
equipment; the cost of printing and
delivering ballots,
cards of
instructions, registration lists
required under section
3503.23
of the Revised Code, and other
election supplies,
including the
supplies required to comply
with division (H) of
section 3506.01
of the Revised Code; the
cost of contractors
engaged by the board
to prepare, program,
test, and operate voting
machines, marking
devices, and
automatic tabulating equipment; and
all other
expenses of
conducting primaries and elections in the
odd-numbered
years
shall be charged to the subdivisions in and
for
which such
primaries or elections are held. The charge for
each
primary or
general election in odd-numbered years for each
subdivision shall
be determined in the following manner: first,
the total cost of
all chargeable items used in conducting such
elections shall be
ascertained; second, the total charge shall be
divided by the
number of precincts participating in such
election,
in order to
fix the cost per precinct; third, the cost
per
precinct shall be
prorated by the board of elections to the
subdivisions conducting
elections for the nomination or election
of offices in such
precinct; fourth, the total cost for each
subdivision shall be
determined by adding the charges prorated to
it in each precinct
within the subdivision.
(D) The entire cost of preparing for and conducting special
elections held on a day other
than the day of a primary or general
election, both in
odd-numbered or in even-numbered years, shall be
charged to the
subdivision. Where a special election is held on
the same day as
a
primary or general election in an even-numbered
year, the
subdivision submitting the special election shall be
charged only
for the cost of ballots and advertising. Where a
special
election
is held on the same day as a primary or general
election
in an
odd-numbered year, the subdivision submitting the
special
election
shall be charged for the cost of ballots and
advertising
for such
special election, in addition to the charges
prorated to
such
subdivision for the election or nomination of
candidates in
each
precinct within the subdivision, as set forth
in the
preceding
paragraph.
(E) Where a special election is held on the day specified by
division (E) of section 3501.01 of the Revised Code for the
holding of a primary election, for the purpose of submitting to
the voters of the state constitutional amendments proposed by the
general assembly, and a subdivision conducts a special election
on
the same day, the entire cost of preparing for and conducting the
special election shall be
divided proportionally between the state
and the subdivision
based
upon a ratio determined by the number
of issues placed on
the
ballot by each, except as otherwise
provided in division
(G) of
this section. Such proportional
division of cost shall be
made
only to the extent funds are
available for such purpose from
amounts appropriated by the
general assembly to the secretary of
state. If a primary election
is also being conducted in the
subdivision, the costs shall be
apportioned as otherwise provided
in this section.
(F) When a precinct is open during a general, primary, or
special
election solely for the purpose of submitting to the
voters a statewide ballot
issue, the state shall bear the entire
cost of the election in that precinct
and shall reimburse the
county for all expenses incurred in opening the
precinct.
(G) The state shall bear the entire cost of advertising in
newspapers statewide ballot issues, explanations of those issues,
and
arguments for or against those issues, as required by Section
1g of Article II and Section 1 of
Article XVI, Ohio
Constitution,
and any other section of law. Appropriations
made to the
controlling board shall be used to
reimburse the
secretary of
state for all expenses the secretary of
state incurs
for such
advertising under
division (G) of section
3505.062 of
the
Revised Code.
(H) The cost of renting, heating, and lighting registration
places; the cost of the necessary books, forms, and supplies for
the conduct of registration; and the cost of printing and posting
precinct registration lists shall be charged to the subdivision
in
which such registration is held.
(I) At the request of a majority of the members of the board
of elections, the board of county commissioners may, by
resolution, establish an elections revenue fund. Except as
otherwise provided in this division, the purpose of the fund shall
be to accumulate revenue withheld by or paid to the county under
this section for the payment of any expense related to the duties
of the board of elections specified in section 3501.11 of the
Revised Code, upon approval of a majority of the members of the
board of elections. The fund shall not accumulate any revenue
withheld by or paid to the county under this section for the
compensation of the members of the board of elections or of the
director, deputy director, or other regular employees in the
board's offices, other than compensation for overtime worked.
Notwithstanding sections 5705.14, 5705.15, and 5705.16 of the
Revised Code, the board of county commissioners may, by
resolution, transfer money to the elections revenue fund from any
other fund of the political subdivision from which such payments
lawfully may be made. Following an affirmative vote of a majority
of the members of the board of elections, the board of county
commissioners may, by resolution, rescind an elections revenue
fund established under this division. If an elections revenue fund
is rescinded, money that has accumulated in the fund shall be
transferred to the county general fund.
(J) As used in this section:
(1) "Political subdivision" and "subdivision" mean any board
of county commissioners, board of township trustees, legislative
authority of a municipal corporation, board of education, or any
other board, commission, district, or authority that is empowered
to levy taxes or permitted to receive the proceeds of a tax levy,
regardless of whether the entity receives tax settlement moneys as
described in division (A) of this section;
(2) "Statewide ballot issue" means any
ballot issue, whether
proposed by the general assembly or by initiative or
referendum,
that is submitted to the voters throughout the state.
Sec. 3501.18. (A) The board of elections may divide a
political subdivision within
its jurisdiction into precincts,
establish, define, divide,
rearrange, and combine the several
election precincts within its
jurisdiction, and or change the
location of the polling place
for each precinct when it is
necessary to
maintain the requirements as to the number of voters
in a precinct
and to provide for the convenience of the voters
and the proper
conduct of elections. Any change in the number of
precincts or in precinct boundaries shall be made in accordance
with any directive the secretary of state may provide and, if
applicable, division (C) of this section. No
change in
the number
of precincts or in precinct
boundaries
shall be
made during the
twenty-five days immediately
preceding a primary
or general
election or between the first day
of January and the
day on which
the members of county central
committees are elected
in the years
in which those committees are
elected.
Except as otherwise
provided in division (C) of this
section, each
precinct shall
contain a number of electors, not to
exceed one thousand four
hundred, that
the board of elections
determines to be a
reasonable number after taking into
consideration the type and
amount of available equipment, prior
voter turnout,
the size and
location of each selected polling
place, available parking,
availability of an adequate number of
poll workers, and handicap
accessibility
and other accessibility
to the polling place.
If the board changes the boundaries of a precinct after the
filing of a
local option election petition pursuant to sections
4301.32 to 4301.41,
4303.29, or 4305.14 of the Revised Code
that
calls for a local option election to be held in
that precinct, the
local option election shall be held in the area that
constituted
the precinct at the time the local option petition was filed,
regardless of the change in the boundaries.
If the board changes the boundaries of a precinct in order to
meet the
requirements of division (B)(1) of this section in a
manner that
causes a member of a county central committee to no
longer qualify as a
representative of an election precinct in the
county, of a ward of a city in
the county, or of a township in the
county, the member shall continue to
represent the precinct, ward,
or township for the remainder of the member's
term, regardless of
the change in boundaries.
In an emergency, the board may provide more than one polling
place in a precinct. In order to provide for the convenience of
the voters, the board may locate polling places for voting or
registration outside the boundaries of precincts, provided that
the nearest public school or public building shall be used if the
board determines it to be available and suitable for use as a
polling place. Except in an emergency, no change in the number
or
location of the polling places in a precinct shall be made
during
the twenty-five days immediately preceding a primary or
general
election.
Electors who have failed to respond within
thirty days to any
confirmation
notice shall not be counted in determining
the size
of any precinct under this section.
(B)(1) Except as otherwise provided in division (B)(2)
of
this section, a board of
elections
shall determine set
all
precinct boundaries using geographical units
used by the
United
States department of commerce, bureau of
the census, in
reporting
the decennial census of Ohio.
(2) The board of elections may apply to the secretary of
state for a
waiver from
the requirement of division (B)(1) of this
section when if it is not
feasible to comply with that requirement
because of unusual physical
boundaries or
residential development
practices that would cause unusual hardship for
voters. The board
shall identify the affected
precincts and census units, explain
the reason for the waiver request, and
include a map illustrating
where the census units will be split because of the
requested
waiver. If the secretary of state approves the waiver and so
notifies the board of elections in writing,
the board may change
a precinct
boundary as necessary under this
section,
notwithstanding the requirement in
division (B)(1) of
this
section.
(C) The board of elections may apply to the secretary of
state for
a waiver from the requirement of division (A) of
this
section
regarding the number of electors in a precinct when
the
use of geographical
units used by the United States department
of
commerce,
bureau of the census, will cause a precinct to
contain
more than one thousand
four hundred electors. The board
shall
identify the affected precincts and census units,
explain
the
reason for the waiver request, and include a map illustrating
where census units will be split because of the requested waiver.
If the
secretary of state approves the waiver and so notifies the
board of elections
in writing, the board
may change a precinct
boundary as necessary to meet the
requirements of division (B)(1)
of this section.
Sec. 3501.21. When the board of elections considers it
necessary to
change, divide, or combine changes, divides, or
combines any precinct or to relocate relocates a polling place in
accordance with section 3501.18 of the Revised Code, it
shall
notify, prior to the next election, each of the registrants in the
precinct of the change by mail. On and after August 1, 2000, when
Within five days after the board
approves changes to the
boundaries of any precinct or relocation of a polling place, it
shall notify
the secretary of
state
of the change not later than
forty-five
days after making
the change.
Sec. 3501.30. (A) The board of elections shall provide for
each polling place the necessary ballot boxes, official ballots,
cards of instructions, registration forms, pollbooks or poll
lists, tally sheets, forms on which to make summary statements,
writing implements, paper, and all other supplies
necessary for
casting and
counting the ballots and recording the results of the
voting at
the polling place. The pollbooks or poll lists shall
have
certificates appropriately printed on them for the signatures
of
all the precinct officials, by which they shall certify that,
to
the best of their knowledge and belief, the pollbooks or poll
lists correctly show the names of all electors who voted in
the
polling place at the election indicated in the pollbooks or poll
lists.
All of the following shall be included among the supplies
provided to each polling place:
(1) A large map of each appropriate precinct, which shall be
displayed prominently to assist persons who desire to register or
vote on election day. Each map shall show all streets within the
precinct and contain identifying symbols of the precinct in bold
print.
(2) Any materials, postings, or instructions required to
comply with state or federal laws;
(3) A flag of the United
States approximately two and
one-half feet in length along the
top, which shall be displayed
outside the entrance to the polling
place during the time it is
open for voting;
(4) Two or more small
flags of the United States
approximately fifteen inches in length
along the top, which shall
be placed at a distance
of one hundred feet from the polling place
on the thoroughfares
or walkways leading to the polling place, to
mark the distance
within which persons other than election
officials, observers, police officers, and electors waiting to
mark,
marking, or casting their ballots shall not loiter,
congregate,
or engage in any kind of election campaigning. Where
small flags
cannot reasonably be placed one hundred feet from the
polling
place, the presiding election judge shall place the flags
as near
to one hundred feet from the entrance to the polling place
as is
physically possible. Police officers and all election
officials
shall see that this prohibition against loitering and
congregating is enforced.
When the period of time during which
the polling place is
open for voting expires, all of the flags
described in this
division shall be taken into the polling place and shall be
returned to
the board together with all other election supplies
required to be delivered to the board.
(B) The board of elections shall follow the instructions and
advisories of the secretary of state in the production and use of
polling place supplies.
Sec. 3501.38. All declarations of candidacy, nominating
petitions, or other petitions presented to or filed with the
secretary of state or a board of elections or with any other
public office for the purpose of becoming a candidate for any
nomination or office or for the holding of an election on any
issue shall, in addition to meeting the other specific
requirements prescribed in the sections of the Revised Code
relating
to them, be governed by the following rules:
(A) Only electors qualified to vote on the candidacy or
issue
which is the subject of the petition shall sign a petition.
Each
signer shall be a registered elector pursuant to section
3503.11
of the Revised Code. The facts of qualification shall be
determined as of the date when the petition is filed.
(B) Signatures shall be affixed in ink. Each signer may
also
print
the signer's name, so as to clearly identify
the
signer's
signature.
(C) Each signer shall place on the petition after
the
signer's name the date of signing and the location of
the
signer's
voting residence, including the street and number if in a
municipal corporation or
the rural route number, post office
address, or township if
outside a municipal corporation. The
voting address given on the
petition shall be the address
appearing in the registration
records at the board of elections.
(D) Except as otherwise provided in section 3501.382 of the
Revised Code, no person shall write any name other than
the
person's
own on any petition. Except as otherwise provided in
section 3501.382 of the Revised Code, no person may authorize
another to
sign for
the person. If a petition contains the
signature
of an elector
two
or more
times, only the first
signature
shall be counted.
(E)(1) On each petition paper, the circulator shall indicate
the number of signatures contained
on it, and shall sign a
statement made under penalty of election falsification that
the
circulator witnessed the affixing of every signature, that all
signers
were to the best of
the circulator's knowledge and
belief
qualified to sign, and that every signature is to the best
of
the
circulator's knowledge and belief the signature of the
person
whose
signature it purports to be or of an attorney in fact acting
pursuant to section 3501.382 of the Revised Code. On the
circulator's statement for a declaration of candidacy or
nominating petition for a person seeking to become a statewide
candidate or for a statewide initiative or a statewide referendum
petition paper, the circulator shall identify the circulator's
name, the address of the circulator's permanent residence, and the
name and address of the person employing the circulator to
circulate the petition, if any.
(2) As used in division (E) of this section, "statewide
candidate" means the joint candidates for the offices of governor
and lieutenant governor or a candidate for the office of secretary
of state, auditor of state, treasurer of state, or attorney
general.
(F) Except as otherwise provided in section 3501.382 of the
Revised Code, if a circulator knowingly permits an unqualified
person
to sign a petition paper or permits a person to write a
name other
than
the person's own on a petition paper, that
petition paper
is
invalid; otherwise, the signature of a person
not qualified
to
sign shall be rejected but shall not invalidate
the other valid
signatures
on the paper.
(G) The circulator of a petition may, before filing it in
a
public office, strike from it any signature
the circulator
does
not wish to present as a part of
the petition.
(H) Any signer of a petition or an attorney in fact acting
pursuant to section 3501.382 of the Revised Code on behalf of a
signer may remove
the signer's
signature
from that petition at any
time before the
petition is
filed in a public
office by striking
the signer's
name
from the
petition; no signature
may be removed
after the petition is filed
in any public office.
(I)(1) No alterations, corrections, or additions may be made
to
a petition after it is filed in a public office.
(2)(a) No declaration of candidacy, nominating petition, or
other petition for the purpose of becoming a candidate may be
withdrawn after it is filed in a
public office. Nothing in this
division prohibits a person from
withdrawing as a candidate as
otherwise provided by law.
(b) No petition presented to or filed with the secretary of
state, a board of elections, or any other public office for the
purpose of the holding of an election on any question or issue may
be resubmitted after it is withdrawn from a public office. Nothing
in this division prevents a question or issue petition from being
withdrawn by the filing of a written notice of the withdrawal by a
majority of the members of the petitioning committee with the same
public office with which the petition was filed prior to the
sixtieth day before the election at which the question or issue is
scheduled to appear on the ballot.
(J) All declarations of candidacy, nominating petitions,
or
other petitions under this section shall be accompanied by the
following statement in boldface capital letters:
WHOEVER COMMITS
ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF THE FIFTH DEGREE.
(K) All separate petition papers shall be filed at the
same
time, as one instrument.
(L) If a board of elections distributes for use a petition
form for a declaration of candidacy, nominating petition, or any
type of question or issue petition that does not satisfy the
requirements of law as of the date of that distribution, the board
shall not invalidate the petition on the basis that the petition
form does not satisfy the requirements of law, if the petition
otherwise is valid. Division (L) of this section applies only if
the candidate received the petition from the board within ninety
days of when the petition is required to be filed.
Sec. 3503.01. (A) Every citizen of the United States who is
of
the age of eighteen years or over and, who has will have been a
resident
of
the state for thirty days immediately preceding the
by the day of an election at
which the citizen offers to vote,
who is a resident of the county
and
precinct in which
the
citizen offers to vote, and has who will have been
registered to
vote
for thirty
days by the day of an election, has the
qualifications of an
elector and may vote at all
elections in
the precinct in which the
citizen resides.
(B) When only a portion of a precinct is included within the
boundaries of an election district, the board of
elections may
assign the electors residing in such portion of a
precinct to the
nearest precinct or portion of a precinct within
the boundaries
of such election district for the purpose of
voting at any
special
election held in such
district. In any election in
which
only a part of the electors in
a precinct is qualified to
vote,
the board may assign voters in
such part to an adjoining
precinct. Such assignment may be made to
an adjoining precinct
in
another county with the consent and
approval of the board of
elections of such other county if the
number of voters assigned
to vote in a precinct in another county
is two hundred or less.
The board shall notify all such electors so assigned, at
least ten days prior to the holding of any such election, of the
location of the polling place where they are entitled to vote at
such election.
As used in division (B) of this section, "election district"
means a school district, municipal corporation, township, or other
political subdivision that includes territory in more than one
precinct or any other district or authority that includes
territory in more than one precinct and that is authorized by law
to place an issue on the ballot at a special election.
Sec. 3503.04. Persons who are inmates of a public or private
institution who
are citizens of the United States and have resided
in this state thirty days
immediately preceding the election, and
who are otherwise qualified as to age
and residence within the
county shall have their lawful residence in the
county, city,
village and township in which said be permitted to register to
vote at the address of that institution is located
provided, that
the lawful residence of a qualified elector who is an inmate in
such an
institution for temporary treatment only, shall be the
residence from which
he the elector
entered such institution.
Sec. 3503.06. (A) No person shall be entitled to vote at any
election, or to sign
or circulate any declaration of candidacy or
any nominating, or
recall petition, unless the person is
registered as an
elector and will have
resided in the county and
precinct where the person is registered for at least
thirty days
at the time of the next election.
(B)(1) No person shall be entitled to circulate any
initiative or referendum petition unless the person is a resident
of this state at least eighteen years of age.
(2) All election officials, in determining the residence of a
person circulating a petition under division (B)(1) of this
section, shall be governed by the following rules:
(a) That place shall be considered the residence of a person
in which the person's habitation is fixed and to which, whenever
the person is absent, the person has the intention of returning.
(b) A person shall not be considered to have lost the
person's residence who leaves the person's home and goes into
another state for temporary purposes only, with the intention of
returning.
(c) A person shall not be considered to have gained a
residence in any county of this state into which the person comes
for temporary purposes only, without the intention of making that
county the permanent place of abode.
(d) If a person removes to another state with the intention
of making that state the person's residence, the person shall be
considered to have lost the person's residence in this state.
(e) Except as otherwise provided in division (B)(2)(f) of
this section, if a person removes from this state and continuously
resides outside this state for a period of four years or more, the
person shall be considered to have lost the person's residence in
this state, notwithstanding the fact that the person may entertain
an intention to return at some future period.
(f) If a person removes from this state to engage in the
services of the United States government, the person shall not be
considered to have lost the person's residence in this state
during the period of that service, and likewise should the person
enter the employment of the state, the place where that person
resided at the time of the person's removal shall be considered to
be the person's place of residence.
(g) If a person goes into another state and, while there,
exercises the right of a citizen by voting, the person shall be
considered to have lost the person's residence in this state.
(C) No person shall be entitled to sign any initiative or
referendum petition unless the person is registered as an elector
and will have resided in the county and precinct where the person
is registered for at least thirty days at the time of the next
election.
Sec. 3503.10. (A) Each designated agency shall designate The
secretary of state shall be the chief elections official who
coordinates Ohio's
responsibilities under section 7 of the
National Voter
Registration Act of 1993. To fulfill that
responsibility, not
later than one hundred twenty days after the
effective date of
this section or not later than one hundred
twenty days after an
agency is determined to be a designated
agency in accordance with
division (X) of section 3501.01 of the
Revised Code, the secretary
of state shall enter into a
memorandum of understanding with the head
of the state agency
with supervisory authority over each
designated agency for the
purpose of prescribing a general program
for registering voters
or updating voter registration information,
such as name and
residence changes, consistent with the National
Voter
Registration Act of 1993. The secretary of state and the
head of
each applicable state agency shall enter into a new
memorandum of
understanding for the purpose of complying with
section 7 of the
National Voter Registration Act of 1993 every four years
thereafter beginning on December 1, 2011.
The designated agency shall agree to do all of the following,
at a minimum, in the memorandum of understanding that it enters
into with the secretary of state under this section:
(1) Affirm its agreement to comply with the requirements of
the National Voter Registration Act of 1993;
(2) Create and submit, within ninety days after the agency
and the secretary of state enter into the memorandum of
understanding, an agency plan for implementing the general program
for registering voters or updating voter registration information
prescribed by the secretary of state; transmit that plan and any
subsequent amendments to the secretary of state within five
business days after the plan is approved by the head of the
agency; post the plan on the agency's web site, if available,
and
at the agency's office; and update the plan within ninety days
after entering into any future memorandum of understanding or
whenever the agency deems such an update to be necessary;
(3) Implement the general program for
registering voters or
updating voter registration information
prescribed by the
secretary of state and agree that the secretary
of state may
administer oaths, issue subpoenas, summon witnesses,
compel the
production of books, papers, records, and other
evidence, and fix
the time and place for hearing any matters
relating to the
administration and enforcement of this chapter and
the memorandum
of understanding;
(4) Designate one person within that agency to
serve as
coordinator for the
voter registration program within the
agency
and its departments,
divisions, and programs. The
designated
person shall be trained
under a program designed by the
secretary
of state and shall be
responsible for administering all
aspects
of the voter
registration program for that agency as
prescribed
by the
secretary of state. The designated person shall
receive no
additional compensation for performing such duties.
(5) Prominently place signs, prescribed by the secretary of
state, in all designated agency offices alerting clients that they
must be offered the opportunity to register to vote or to update
their voter registration;
(6) Report quarterly to the secretary of state all of the
following:
(a) The combined number of new and updated registrations
received by the agency during the previous quarter;
(b) The number of new registrations received by the agency
during the previous quarter;
(c) The number of updated registrations received by the
agency during the previous quarter;
(d) The number of people who were offered the opportunity to
register or update their registrations but declined to do so at
the agency during the previous quarter; and
(e) The total number of clients served by the agency during
the previous quarter.
(7) Allow an individual to register a complaint to either the
designated agency or, if available, to a central complaint hotline
about an agency's failure to offer to clients the opportunity to
register to vote or update their voter registrations;
(8) Agree that any individual or the secretary of state has
the authority to initiate a mandamus action before the supreme
court if the agency does not correct any deficiency in compliance
with this chapter or
the memorandum of understanding within
forty-five days after receiving written notice of the
deficiency
from the individual or from the secretary of state;
(9) Provide electronic registration updates to the secretary
of state, if applicable, upon request.
Not later than sixty days after the effective date of this
section, the secretary of state shall provide to each designated
agency such information as may be necessary for the agency to
comply with the provisions required to be included in the
memorandum of understanding entered into under this section,
including, but not limited to, prescribed forms and signs,
guidance for submitting required reports, and guidance for
processing complaints.
(B) Every designated agency, public high school and
vocational
school, public library, and office of a county
treasurer shall provide in
each of its
offices or locations voter
registration applications and
assistance in the registration of
persons qualified to register
to vote, in accordance with this
chapter.
(C) Every designated agency shall distribute to its
applicants, prior to or in conjunction with distributing a voter
registration application, a form prescribed by the secretary of
state that includes all of the following:
(1) The question, "Do you want If you are not registered to
vote where you live now, would you like to apply to register to
vote or update your current
voter
registration here
today?"--followed by boxes for the applicant to indicate whether
the applicant would like to register or decline to register
to
vote, and the
statement, highlighted in bold print, "If you do not
check either
box, you will be considered to have decided not to
register to
vote at this time.";
(2) If the agency provides public assistance, the
statement,
"Applying to register or declining to register to vote
will not
affect the amount of assistance that you will be
provided by this
agency.";
(3) The statement, "If you would like help in filling out
the
voter registration application form, we will help you. The
decision whether to seek or accept help is yours. You may fill
out
the application form in private.";
(4) The statement, "If you believe that someone has
interfered with your right to register or to decline to register
to vote, your right to privacy in deciding whether to register or
in applying to register to vote, or your right to choose your own
political party or other political preference, you may file a
complaint with the prosecuting attorney of your county or with
the
secretary of state," with the address and telephone number
for
each such official's office.
(D) Each designated agency shall distribute a voter
registration form prescribed by the secretary of state to each
applicant with each application for service or assistance, and
with each written application or form for recertification,
renewal, or change of address.
(E) Each designated agency shall do all of the following:
(1) Have employees trained to administer the voter
registration program in order to provide to each applicant who
wishes to register to vote and who accepts assistance, the same
degree of assistance with regard to completion of the voter
registration application as is provided by the agency with regard
to the completion of its own form;
(2) Accept completed voter registration applications,
voter
registration change of residence forms, and voter
registration
change of name forms, regardless of whether the
application or
form was distributed by the designated agency, for
transmittal to
the office of the board of elections in the county
in which the
agency is located. Each designated agency and the
appropriate
board of elections shall establish a method by which
the voter
registration applications and other voter registration
forms are
transmitted to that board of elections within five business days
after being accepted by the agency.
(3) If the designated agency is one that is primarily
engaged
in providing services to persons with disabilities under
a
state-funded program, and that agency provides services to a
person with disabilities at a person's home, provide the services
described in divisions (E)(1) and (2) of this section at the
person's home;
(4) Keep as confidential, except as required by the
secretary
of state for record-keeping purposes, the identity of
an agency
through which a person registered to vote or updated
the person's
voter registration records, and information
relating to a
declination to register to vote made in connection with a voter
registration application issued by a designated agency.
(F) The secretary of state shall prepare and transmit
written
instructions on the implementation of the voter
registration
program within each designated agency, public high
school and
vocational school, public library, and office of a county
treasurer. The
instructions shall include directions as follows:
(1) That each person designated to assist with voter
registration maintain strict neutrality with respect to a
person's
political philosophies, a person's right to register or
decline to
register, and any other matter that may influence a
person's
decision to register or not register to vote;
(2) That each person designated to assist with voter
registration not seek to influence a person's decision to
register
or not register to vote, not display or demonstrate any
political
preference or party allegiance, and not make any
statement to a
person or take any action the
purpose or effect of which is to
lead a person to believe that a
decision to register or not
register has any bearing on the
availability of services or
benefits offered,
on the grade in a particular class in school, or
on credit for a particular
class in school;
(3) Regarding when and how to assist a person in
completing
the voter registration application, what to do with
the completed
voter registration application or voter
registration update form,
and when the application must be
transmitted to the appropriate
board of elections;
(4) Regarding what records must be kept by the agency and
where and when those records should be transmitted to satisfy
reporting requirements imposed on the secretary of state under
the
National Voter Registration Act of 1993;
(5) Regarding whom to contact to obtain answers to
questions
about voter registration forms and procedures.
(G) If the voter registration activity is part
of an in-class
voter registration program in a public high school
or vocational
school, whether prescribed by the secretary of state
or
independent of the secretary of state, the board of education
shall
do all of the following:
(1) Establish a schedule of school days and hours during
these days
when the person designated to assist with voter
registration shall provide
voter registration assistance;
(2) Designate a person to assist with voter
registration from
the public high
school's or vocational school's staff;
(3) Make voter registration applications and materials
available, as
outlined in the voter registration program
established by the secretary of
state pursuant to section 3501.05
of the Revised Code;
(4) Distribute the statement, "applying to register or
declining to
register to vote will not affect or be a condition of
your receiving a
particular grade in or credit for a school course
or class, participating in a
curricular or extracurricular
activity, receiving a benefit or privilege, or
participating in a
program or activity otherwise available to pupils enrolled
in this
school district's schools.";
(5) Establish a method by which the voter registration
application and
other voter registration forms are transmitted to
the board of elections
within five days after being accepted by
the public high school or vocational
school.
(H) Any person employed by the designated agency,
public high
school or vocational school, public library, or office of a county
treasurer may be designated to assist with voter
registration
pursuant to this section. The designated agency, public
high
school or vocational school, public library, or office of a county
treasurer shall provide the
designated person, and make available
such space as may be
necessary, without charge to the county or
state.
(I) The secretary of state shall prepare and cause to be
displayed designated agencies shall display in a prominent
location in each designated agency a
notice that identifies the
person designated to assist with voter
registration, the nature of
that person's duties, and where and
when that person is available
for assisting in the registration
of voters.
A designated agency may furnish additional supplies and
services to disseminate information to increase public awareness
of the existence of a person designated to assist with voter
registration in every designated agency.
(J) This section does not limit any authority a board of
education, superintendent, or principal has to allow, sponsor, or
promote voluntary election registration programs within a high
school or vocational school, including programs in which pupils
serve as persons designated to assist with voter registration,
provided that no pupil is required to participate.
(K) Each public library and office of the county treasurer
shall
establish a method by which voter registration forms are
transmitted to the
board of elections within five days after being
accepted by the public library
or office of the county treasurer.
(L) The department of job and family services and its
departments, divisions, and programs shall limit administration of
the aspects of the voter registration program for the department
to the requirements prescribed by the secretary of state and the
requirements of this section and the National Voter Registration
Act of 1993. (1) The secretary of state may do any of the
following to effect compliance with this chapter:
(a) Administer oaths, issue subpoenas, summon witnesses,
compel the production of books, papers, records, and other
evidence, and fix the time and place for hearing any matters
relating to the administration and enforcement of this chapter and
the memorandum of understanding required under this section;
(b) Initiate a mandamus action before the supreme court if a
designated agency fails, by the applicable deadline, to enter into
the memorandum of understanding required by this section;
(c) Initiate a mandamus action before the supreme court if
the state or county
office of a designated agency does not
correct any deficiency in compliance with this chapter or
the
memorandum of understanding within forty-five days after receiving
written notice of the
deficiency from the secretary of state.
(2) An individual may do any of the following to effect
compliance with this chapter:
(a) Initiate a mandamus action before the supreme court if a
designated agency fails, by the applicable deadline, to enter into
the memorandum of understanding required by this section;
(b) Initiate a mandamus action before the supreme court if
the state or county office of a
designated agency does not
correct any deficiency in compliance with this chapter or the
memorandum of understanding within forty-five days
after
receiving written notice of the deficiency from the individual;
(c) Initiate a mandamus action before the supreme court if
the secretary of state does not correct any deficiency in the
proper exercise of the duties of the secretary of state under this
chapter or the memorandum of understanding within
forty-five days
after receiving written notice of the deficiency from the
individual.
(3) The head of a state agency with supervisory authority
over a designated agency may do any of the following to effect
compliance with this chapter:
(a) Initiate a mandamus action before the supreme court if
the secretary of state fails, by the applicable deadline, to enter
into the memorandum of understanding required by this section;
(b) Initiate a mandamus action before the supreme court if
the secretary of state does not correct any deficiency in the
proper exercise of the duties of the secretary of state under this
chapter or the memorandum of understanding within
forty-five days
after receiving written notice of the deficiency from the state
office of the
designated agency;
(c) Initiate a mandamus action before the supreme court if
the county office of that
designated agency does not correct any
deficiency in compliance with this chapter or the
memorandum of
understanding
within forty-five days after receiving written
notice of the deficiency
from the state office of that designated
agency.
Sec. 3503.11. When any person applies for The secretary of
state, in consultation with the Ohio bureau of motor vehicles,
shall adopt rules that require any change of address form
submitted to change a person's address for a driver's
license,
commercial driver's license, a state of Ohio
identification card
issued under section 4507.50 of the Revised
Code, or motorcycle
operator's license or endorsement, or for the
renewal or duplicate
of any license or endorsement under Chapter
4506. or 4507. of the
Revised Code, the registrar of motor
vehicles or deputy registrar
shall offer the applicant the
opportunity to register to vote or
to update the
applicant's voter
registration to also serve as
notification of change of address for voter registration purposes
unless the person states on the form that the change of address is
not for voter registration purposes or the person is not a
registered voter. The registrar of motor vehicles or deputy
registrar also
shall make available to all other customers voter
registration
applications and
change of residence and change of
name, forms,
but is not required to
offer assistance to these
customers in
completing a voter registration
application or other
form.
The registrar or deputy registrar shall send any completed
registration application or any completed change of
residence or
change of
name form to the board of elections of the
county in
which the
office of the registrar or deputy registrar is
located,
within
five business days after accepting the application or other
form.
The registrar shall collect from each deputy registrar
through the reports filed under division (J) of section 4503.03
of
the Revised Code and transmit to the secretary of state
information on the number of voter registration applications and
change of residence or change of name forms completed or
declined,
and any additional information required by the
secretary of state
to comply with the National Voter Registration
Act of 1993. No
information relating to an applicant's decision
to decline to
register or update the applicant's
voter registration at the
office of the registrar or deputy registrar may be used for any
purpose other than voter registration record-keeping required by
the secretary of state, and all such information shall be kept
confidential.
The secretary of state shall prescribe voter registration
applications and change of residence and change of name forms
for
use by the bureau of motor vehicles. The bureau of motor
vehicles
shall supply all of its deputy
registrars with a
sufficient
number of voter registration
applications and change
of residence
and change of name forms.
Sec. 3503.14. (A) The secretary of state shall prescribe
the
form and content of the registration, change of residence, and
change of name forms used in this state. The forms shall
meet the
requirements of the National Voter Registration Act of
1993 and
shall include spaces for all of the following:
(4) The voter's date of birth;
(5) The voter to provide one or more of the following:
(a) The voter's Ohio driver's license number, if any;
(b) The last four digits of the voter's social security
number, if any;
(c) A
copy of a current and valid photo
identification, a
copy of a military identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an election mailed
by
a board of
elections under section 3501.19
of the Revised
Code or
a notice of
voter registration mailed by
a board of
elections
under section
3503.19 of the Revised Code,
that shows
the voter's
name and
address The voter's identification.
(6) The voter's signature.
The registration form shall include a space on which the
person registering an applicant shall sign the person's name and
provide the person's address and a space on which the person
registering an applicant shall name the employer who is employing
that person to register the applicant.
Except for forms prescribed by the secretary of state under
section 3503.11 of the Revised Code, the secretary of state shall
permit boards of elections to produce forms that have subdivided
spaces for each individual alphanumeric character of the
information provided by the voter so as to accommodate the
electronic reading and conversion of the voter's information to
data and the subsequent electronic transfer of that data to the
statewide voter registration database established under section
3503.15 of the Revised Code.
(B) None of the following persons who are registering an
applicant in the course of that official's or employee's normal
duties shall sign the person's name, provide the person's address,
or name the employer who is employing the person to register an
applicant on a form prepared under this section:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(C) Except as provided in section 3501.382 of the Revised
Code, any applicant who is unable to sign the applicant's own name
shall make an
"X," if possible, which shall be certified by the
signing of the
name of the applicant by the person filling out the
form, who shall add the person's own signature. If an
applicant is
unable
to make an "X," the applicant shall indicate in some manner
that the applicant desires
to register to vote or to change the
applicant's name or
residence. The
person registering the
applicant shall sign the form and
attest that the applicant
indicated that the applicant
desired to register
to vote or to
change the applicant's name or residence.
(D) No registration, change of residence, or change of name
form shall be rejected solely on the basis that a person
registering an applicant failed to sign the person's name or
failed to name the employer who is employing that person to
register the applicant as required under division (A) of this
section.
(E) As used in this section, "registering an applicant"
includes any effort, for compensation, to provide voter
registration forms or to assist persons in completing or returning
those forms.
Sec. 3503.141. (A) A board of elections that receives a voter
registration application by mail shall determine whether the
applicant has previously voted at a federal election in Ohio and
whether the application includes any of the following information:
(1) The applicant's Ohio driver's license number;
(2) The last four digits of the applicant's social security
number; or
(3) A copy of a first-time mail-in registrant identification.
(B) The board of elections shall cause the voter's name in
the county's voter registration records and in the poll list or
signature pollbook for the applicable precinct to be marked to
indicate that the voter shall be required to provide first-time
mail-in registrant identification when the voter appears to vote,
if both of the following apply:
(1) The application does not contain any of the forms of
identification specified in division (A) of this section.
(2) The applicant has not previously voted at a federal
election in Ohio.
(C) At the first election at which a voter whose name has
been marked under division (B) of this section appears to vote,
the voter shall be required to provide first-time mail-in
registrant identification.
(1) If the voter does not have or does not provide first-time
mail-in registrant identification at that election, the voter
shall be permitted to cast a provisional ballot under section
3505.181 of the Revised Code.
(2) If the voter provides first-time mail-in registrant
identification at that election, the board shall remove the
indication that first-time mail-in registrant identification is
required from the county's voter registration records and the poll
list or
signature pollbook, and the voter shall be permitted to
vote a
regular ballot.
Sec. 3503.142. The secretary of state shall coordinate with
boards of elections to identify, collect, and distribute best
practices for processing voter registrations, including, but not
limited to, best practices for data entry and quality assurance.
The secretary of state shall issue best practice instructions to
boards of elections at least once every two years.
Sec. 3503.15. (A) The secretary of state shall establish and
maintain a statewide voter registration database that shall be
continuously available to each board of elections and to other
agencies as authorized by law.
(B) The statewide voter registration database established
under this section shall be the official list of registered voters
for all elections conducted in this state.
(C) The statewide voter registration database established
under this section shall, at a minimum, include all of the
following:
(1) An electronic network that connects all board of
elections offices with the office of the secretary of state and
with the offices of all other boards of elections;
(2) A computer program that harmonizes the records contained
in the database with records maintained by each board of
elections;
(3) An interactive computer program that allows access to the
records contained in the database by each board of elections and
by any persons authorized by the secretary of state to add,
delete, modify, or print database records, and to conduct updates
of the database;
(4) A search program capable of verifying registered voters
and their registration information by name, driver's license
number, birth date, social security number, or current address;
(5) Safeguards and components to ensure that the integrity,
security, and confidentiality of the voter registration
information is maintained.
(D) The secretary of state shall adopt rules pursuant to
Chapter 119. of the Revised Code doing all of the following:
(1) Specifying the manner in which existing voter
registration records maintained by boards of elections shall be
converted to electronic files for inclusion in the statewide voter
registration database;
(2) Establishing a uniform method for entering voter
registration records into the statewide voter registration
database on an expedited basis, but not less than once per day, if
new registration information is received;
(3) Establishing a uniform method for purging canceled voter
registration records from the statewide voter registration
database in accordance with section 3503.21 of the Revised Code;
(4) Specifying the persons authorized to add, delete, modify,
or print records contained in the statewide voter registration
database and to make updates of that database;
(5) Establishing a process for annually auditing the
information contained in the statewide voter registration
database.
(E) A board of elections promptly shall purge a voter's name
and voter registration information from the statewide voter
registration database in accordance with the rules adopted by the
secretary of state under division (D)(3) of this section after the
cancellation of a voter's registration under section 3503.21 of
the Revised Code.
(F) The secretary of state shall provide training in the
operation of the statewide voter registration database to each
board of elections and to any persons authorized by the secretary
of state to add, delete, modify, or print database records, and to
conduct updates of the database.
(G)(1) The statewide voter registration database established
under this section shall be made available on a web site of the
office of the secretary of state as follows:
(a) Except as otherwise provided in division (G)(1)(b) of
this section, only the following information from the statewide
voter registration database regarding a registered voter shall be
made available on the web site:
(ii) The voter's address;
(iii) The voter's precinct number;
(iv) The voter's voting history.
(b) During the thirty days before the day of a primary or
general election, the web site interface of the statewide voter
registration database shall permit a voter to search for the
polling location at which that voter may cast a ballot.
(2) The secretary of state shall establish, by rule adopted
under Chapter 119. of the Revised Code, a process for boards of
elections to notify the secretary of state of changes in the
locations of precinct polling places for the purpose of updating
the information made available on the secretary of state's web
site under division (G)(1)(b) of this section. Those rules shall
require a board of elections, during the thirty days before the
day of a primary or general election, to notify the secretary of
state within one business day of any change to the location of a
precinct polling place within the county.
(3) During the thirty days before the day of a primary or
general election, not later than one business day after receiving
a notification from a county pursuant to division (G)(2) of this
section that the location of a precinct polling place has changed,
the secretary of state shall update that information on the
secretary of state's web site for the purpose of division
(G)(1)(b) of this section.
(H)(1) The secretary of state and the registrar of motor
vehicles shall enter into an agreement to match information in the
statewide voter registration database with information in the
database of the registrar of motor vehicles to the extent required
to enable each such official to verify the accuracy of the
information provided on applications for voter registration, as
required under 42
U.S.C. 15483.
(2) The secretary of state shall establish, by rule adopted
under Chapter 119. of the Revised Code, a process for notifying
boards
of elections of any relevant nonmatch that the secretary
of state
receives under division (H)(1) of this section.
(3) The secretary of state shall establish, by rule adopted
under Chapter 119. of the Revised Code, procedures for boards of
elections to process relevant nonmatches.
(4) Notwithstanding any provision of the Revised Code to the
contrary, a nonmatch shall not be the sole reason for any
of the
following:
(a) Failing to add a voter to the statewide voter
registration database;
(b) Challenging or upholding a challenge to a person's voter
registration, a person's right to cast a regular or absent voter's
ballot, or a person's completed regular, provisional, or absent
voter's ballot;
(c) Canceling a person's voter registration;
(d) Requiring a person to vote a provisional ballot; or
(e) Failing to provide a regular ballot or absent voter's
ballot to an otherwise
eligible voter.
(5) As used in division (H) of this section, "nonmatch"
means
an individual's voter registration record in which any of
the following data fields are not
substantially the same when the
secretary of state matches
information
in the statewide voter
registration database with
information in the database of the
registrar of motor
vehicles to the extent required
to enable
each such official to verify the accuracy of the
information
provided on applications for voter registration, as
required
under 42
U.S.C. 15483:
(a) Ohio driver's license number, if provided by the
individual;
(b) Last four digits of social security number if the
individual did not provide an Ohio driver's license number and did
provide the last four digits of the individual's social security
number;
(d) Name (first name or derivative, and last name).
Sec. 3503.16. (A) Whenever a registered elector changes
the
place of residence of that registered elector
from one precinct to
another within a
county or from one county to another, or has a
change
of name, that registered elector shall report the change
by
delivering a change of residence or
change of name form, whichever
is appropriate, as prescribed by
the secretary of state under
section 3503.14 of the Revised Code
to the state or local office
of a designated agency, a public high
school or vocational school,
a public library, the office of the county
treasurer, the office
of the secretary of state, any office of the registrar or deputy
registrar of motor vehicles, or any office of a board of
elections
in person or by
a third person. Any voter registration, change of
address, or change of
name application, returned by mail, may be
sent only to the secretary of state
or the office of a board of
elections.
A registered elector also may update the
registration of that
registered elector by filing a change of residence
or change of
name form on the day of
a special, primary, or general election at
the polling place in
the precinct in which that registered elector
resides or at
the board of elections or
at another site designated
by the board.
(B)(1)(a) Any registered elector who moves within a precinct
on
or prior to the day of a general, primary, or special election
and has not
filed a notice of change of residence with the board
of elections may vote in that election pursuant to division (G) of
this section or by going to
that registered
elector's assigned
polling place, completing and signing a
notice
of change of
residence, showing identification in the form of a
current and
valid photo identification, a military identification,
or a copy
of a
current utility bill, bank statement, government
check,
paycheck,
or other government document, other than a
notice of
an election
mailed by a board of elections under
section 3501.19
of the
Revised Code or a notice of voter
registration mailed by
a board
of elections under section 3503.19
of the Revised Code,
that shows
the name and current address of
the elector, and
casting a ballot.
If the elector provides either
a
driver's
license or a state
identification card issued under
section
4507.50 of the Revised
Code that does not contain the
elector's
current residence
address, the elector shall provide
the last
four digits of the
elector's driver's license number or
state
identification card
number, and the precinct election
official
shall mark the poll
list or signature pollbook to
indicate that
the elector has
provided a driver's license or
state
identification card number
with a former address and record
the
last four digits of the
elector's driver's license number or
state identification card
number.
(b) Any registered elector who changes the name of that
registered elector and remains within a precinct on or prior to
the day of a general, primary, or special election and has not
filed a notice of change of name with the board of elections may
vote in that election by going to that registered elector's
assigned polling place, completing and signing a notice of a
change of name, and casting a provisional ballot under section
3505.181 of the Revised Code.
(2) Any registered elector who moves
from one precinct to
another within a county or moves from one precinct to
another and
changes the name of that registered
elector on or prior to the day
of a general, primary, or special election
and has not filed a
notice of change of residence or change of
name, whichever is
appropriate, with the board of elections may
vote in that election
if that registered elector complies with
division (G) of this
section or does all of the following:
(a) Appears at anytime during
regular business hours
on or
after the twenty-eighth day
prior to the
election in which that
registered elector wishes to vote or,
if the election is held
on
the day of a presidential primary election, the twenty-fifth
day
prior to the election, through noon of the Saturday prior to
the
election at the office of the board of elections, appears at any
time during regular business hours on the Monday prior
to the
close of voter registration for that election at the office of the
board of elections or at another location if pursuant to division
(C) of section 3501.10 of the Revised Code the board has
designated one or more other locations in the county at which
registered electors may vote, or
appears on
the day of the
election at either of the following
locations:
(i) The polling place in the precinct in which
that
registered elector resides;
(ii) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location one or more other locations in the
county at which registered
electors may vote, at that such other
location instead of the office of
the board of elections.
(b) Completes and signs, under penalty of election
falsification, a notice of change of residence or change of name,
whichever is appropriate, and files it with election officials at
the polling place, at the office of the board of elections, or, if
pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location one or more other
locations in the county at which
registered electors may vote, at
that such other location instead of
the office of the board of
elections, whichever is appropriate;
(c) Votes Casts a provisional ballot under section 3505.181
of the
Revised Code at the polling place, at the office of the
board
of
elections, or, if pursuant to division (C) of section
3501.10 of
the Revised Code the board has designated another
location one or more other locations in the
county at which
registered electors may vote, at
that such other
location
instead of the office of the board of
elections,
whichever
is
appropriate, using the address to
which
that
registered elector
has moved or
the name of that registered
elector as changed,
whichever is
appropriate;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector
moved or had a change of name, whichever
is appropriate, on or
prior to the day of the
election, has voted a provisional ballot
at the polling place in the precinct in
which that registered
elector resides, at the office of the
board of elections, or, if
pursuant to division (C) of section 3501.10 of the Revised Code
the board has designated another location one or more other
locations in the county at which
registered electors may vote, at
that such other location instead of
the office of the board of
elections, whichever is appropriate,
and will not vote or attempt
to vote at any other
location for
that particular election. The
statement required
under division
(B)(2)(d) of this section shall
be included on
the
notice of
change of residence or change of
name, whichever is
appropriate,
required under division (B)(2)(b)
of this section.
(C) Any registered elector who moves from one county to
another county within the state on or prior to the day of a
general, primary, or special election and has not registered to
vote in the county to which that registered elector moved may
vote
in that election if that registered elector complies with
division
(G) of this section or does all of the following:
(1) Appears at any time during regular
business
hours on or
after the
twenty-eighth day prior to
the election in which that
registered elector wishes to vote
or, if the election is
held on
the day of a presidential primary election, the
twenty-fifth day
prior to the election, through noon of the
Saturday prior to the
election at the office of the board of elections or, if pursuant
to division (C) of section 3501.10 of the Revised Code the board
has designated another location in the county at which registered
electors may vote, at that other location instead of the office of
the board of elections, appears during regular business hours
on
the Monday prior to the close of voter registration for that
election at the office of the board of
elections or, if pursuant
to division (C) of section 3501.10 of
the Revised Code the board
has designated another location one or more other locations in the
county at which registered electors may vote, at that such other
location instead of the office of the board of elections, or
appears on the day of the
election at the
office of the board of
elections or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated another location one or
more other locations in the
county at which registered electors
may vote, at that such other
location instead of the office of
the board of elections;
(2) Completes and signs, under penalty of election
falsification, a notice of change of residence and files it with
election officials at the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated another location one or more other locations in the
county at which registered
electors may vote, at that such other
location instead of the office of
the board of elections;
(3) Votes Casts a provisional ballot under section 3505.181
of the
Revised Code at the office of the board of elections or,
if
pursuant to division (C) of section 3501.10 of the Revised
Code
the board has designated another location one or more other
locations in the county at
which
registered electors may vote,
at that such other location
instead of
the office of the board
of elections, using the
address to which
that registered elector
has moved;
(4) Completes and signs, under penalty of election
falsification, a statement attesting that that registered
elector
has moved from one
county to another county within the state on or
prior to the day
of the election, has voted at the office of the
board of
elections or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated another
location one or more other locations in the county at which
registered electors may vote, at
that such other location instead
of the office of the board of
elections, and will not vote or
attempt to vote at any
other
location for that particular
election. The statement
required
under division (C)(4) of this
section shall be included on
the
notice of change of residence
required under division (C)(2)
of
this section.
(D) A person who votes by absent voter's ballots pursuant
to
division (G) of this
section shall not make written
application
for the ballots pursuant to Chapter 3509. of the
Revised Code.
Ballots cast pursuant to division (G) of
this section shall be set
aside in a special envelope and counted
during the official
canvass of votes in the manner provided for
in sections 3505.32
and 3509.06 of the Revised Code insofar as
that manner is
applicable. The board shall examine the pollbooks
to verify that
no ballot was cast at the polls or by absent voter's ballots
under
Chapter 3509. or 3511. of the Revised Code by an elector who
has
voted by absent voter's ballots pursuant to division (G) of this
section. Any ballot determined to
be insufficient
for any of the
reasons stated above or stated in section 3509.07
of the Revised
Code shall not be counted.
Subject to division (C) of section 3501.10 of the Revised
Code, a board of elections may lease or otherwise acquire a site
different from the office of the board at which registered
electors may vote pursuant to division (B) or (C) of this
section.
(1) Any registered elector who changes the elector's name on or
prior to the day of a general, primary, or special election and
has not filed a notice of change of name with the board of
elections may vote in that election if that registered elector
complies with division (G) of this section or does all of the
following:
(a) Appears at anytime during regular business hours after
the close of voter registration for that election at the office of
the board of elections or at another location if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated one or more other locations in the county at which
registered electors may vote, or appears on the day of the
election at either of the following locations:
(i) The polling place in the precinct in which that
registered elector resides;
(ii) The office of the board of elections or, if pursuant to
division (C) of section 3501.10 of the Revised Code the board has
designated one or more other locations in the county at which
registered electors may vote, at such other location instead of
the office of the board of elections.
(b) Completes and signs, under penalty of election
falsification, a notice of change of name and files it with
election officials at the polling place, at the office of the
board of elections, or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated one or more
other locations in the county at which registered electors may
vote, at such other location instead of the office of the board of
elections, whichever is appropriate;
(c) Casts a ballot at the polling place, at the office of the
board of elections, or, if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated one or more
other locations in the county at which registered electors may
vote, at such other location instead of the office of the board of
elections, whichever is appropriate, using the name of that
registered elector as changed;
(d) Completes and signs, under penalty of election
falsification, a statement attesting that the registered elector
changed the elector's name prior to the day of the election, has
voted at the polling place in the precinct in which that
registered elector resides, at the office of the board of
elections, or, if pursuant to division (C) of section 3501.10 of
the Revised Code the board has designated one or more other
locations in the county at which registered electors may vote, at
such other location instead of the office of the board of
elections, whichever is appropriate, and will not vote or attempt
to vote at any other location for that particular election. The
statement required under division (D)(1)(d) of this section shall
be included on the notice of change of name required under
division (D)(1)(b) of this section.
(2) A registered elector who moves from one precinct to
another within a county and changes the elector's name, on or
prior to
the day of a general, primary, or special election and
has not
filed a notice of change of residence and a notice of
change of
name with the board of elections prior to the thirtieth
day before
the day of the election may vote in that election if
the
registered elector complies with division (G) of this section
or does both of the following:
(a) Complies with the procedures specified in division (B)(2)
of this section for electors who move from one precinct to another
within a county before an election; and
(b) Files the notice of change of name specified in division
(D)(1)(b) of this section in addition to any change of residence
required under division (B)(2) of this section.
(3) A registered elector who moves from one county to another
county and changes the elector's name on or prior to the day of a
general, primary, or special election and has not filed a notice
of change of residence and a notice of change of name with the
board of elections prior to the thirtieth day before the day of
the election may vote in that election if the registered elector
complies with division (G) of this section or does both of the
following:
(a) Complies with the procedures specified in division (C) of
this section for electors who move from one county to another
before an election; and
(b) Files the notice of change of name specified in division
(D)(1)(b) of this section in addition to any notice of change of
residence required under division (C) of this section.
(E) Upon receiving a change of residence or change
of name
form, the board of elections shall immediately promptly send the
registrant
an
acknowledgment
notice. If the change of residence
or change
of
name form is valid, the board shall update the
voter's
registration as
appropriate. If that form is incomplete,
the board
shall inform the
registrant in the acknowledgment
notice specified
in this division of the
information necessary to
complete or
update that
registrant's registration.
(F) Change of residence and change of name forms shall be
available at each polling place, and when these forms are
completed, noting changes of residence or name, as appropriate,
they shall be filed with election officials at the polling place.
Election officials shall return completed forms, together with
the
pollbooks and tally sheets, to the board of elections.
The board of elections shall provide change of residence
and
change of name forms to the probate court and court of common
pleas. The court shall provide the forms to any person eighteen
years of age or older who has a change of name by
order of the
court
or who applies for a marriage license. The court shall
forward
all completed forms to the board of elections within five
days
after receiving them.
(G) A registered elector who otherwise would qualify to vote
under division (B) or, (C), or (D) of this section but is unable
to
appear
at the office of the board of elections or, if pursuant
to
division (C) of section 3501.10 of the Revised Code the board
has
designated another location one or more other locations in
the county at which registered
electors may vote, at that such
other location, on account of personal
illness, physical
disability, or
infirmity, may vote on the day of
the in that
election if that registered elector does
all of the following:
(1) Makes a written application that includes all of the
information required under section 3509.03 of the Revised Code to
the appropriate board for an absent
voter's ballot on or after the
twenty-seventh twenty-eighth day prior to
the election in which
the
registered
elector wishes to vote through noon of
the
Saturday
prior to that
election and requests that the absent
voter's
ballot be sent to
the address to which the registered
elector has
moved if the
registered elector has moved or moved
and changed
the elector's name,
or to the address of that a
registered
elector who has not moved
but has had a change of
name;
(2) Declares that the registered elector has moved or, had a
change of
name, or both, whichever is
appropriate, and otherwise
is
qualified to vote under the circumstances
described in
division
(B) or (C) of this section, whichever
is appropriate,
but that the
registered elector is unable to appear at the
board
of elections
because of personal illness, physical
disability, or
infirmity;
(3) Completes and returns along with the completed absent
voter's ballot
a notice of change of residence indicating the
address to which the registered
elector has moved, or a notice of
change of name, or both, whichever is appropriate;
(4) Completes and signs, under penalty of election
falsification, a
statement attesting that the registered elector
has moved or, had a change of
name, or both, on or prior to the
day before
the election, has voted by absent voter's
ballot
because
of
personal illness, physical disability, or infirmity
that prevented
the registered elector from appearing at the board
of elections,
and will not vote or attempt to vote at any other
location or by
absent voter's ballot mailed to any other location
or address
for
that particular election.
Sec. 3503.19. (A) Persons qualified to register or to
change
their registration because of a change of address or
change of
name may register or change their registration in
person at any
state or local office of a designated agency, at
the office of the
registrar or any deputy registrar of motor
vehicles, at a public
high school or vocational
school, at a public library, at the
office of a county treasurer,
or at a branch office established by
the board of elections, or in person, through another person, or
by mail at the office of the secretary of state or at the office
of a board
of elections. A registered elector may also change the
elector's registration on election day at any polling place where
the
elector is eligible to vote,
in the manner provided under
section 3503.16 of the Revised Code.
Any state or local office of a designated agency, the office
of the registrar or any deputy registrar of motor vehicles, a
public
high school or vocational school, a public library, or the
office of a county
treasurer shall transmit
any voter registration
application or change of
registration form that it receives to the
board of elections of
the county in which the state or local
office
is located, within five business days after receiving the
voter
registration application or change of registration form.
An otherwise valid voter registration application that is
returned to the appropriate office other than by mail must be
received by a state or local office of a designated agency, the
office of the registrar or any deputy registrar of motor
vehicles,
a public high school or vocational school, a public
library, the
office of a county treasurer, the office of the secretary of
state, or the office of
a board of elections no later than the
thirtieth day preceding a
primary, special, or general election
for the person to qualify
as an elector eligible to vote at that
election. An otherwise
valid registration application received
after that day entitles
the elector to vote at all subsequent
elections.
Any state or local office of a designated agency, the
office
of the registrar or any deputy registrar of motor vehicles, a
public high school or vocational school, a public library, or the
office of a
county treasurer shall date stamp a registration
application or change of
name or
change of address form it
receives using a date stamp that does
not disclose the identity of
the state or local office that receives the
registration.
Voter registration applications, if otherwise valid, that
are
returned by mail to the office of the secretary of state or to the
office of
a board of elections must be postmarked no later than
the
thirtieth day preceding a primary, special, or general
election
in order for the person to qualify as an elector eligible
to vote
at that election. If an otherwise valid voter registration
application that is returned by mail does not bear a postmark or
a
legible postmark, the registration shall be valid for that
election if received by the office of the secretary of state or
the
office of a
board of elections no later than twenty-five days
preceding any
special, primary, or general election.
(B)(1) Any person may apply in person,
by telephone, by mail,
or through another person for voter
registration forms to the
office of the secretary of state or the
office of a board of
elections.
(2)(a) An applicant may return the applicant's completed
registration form in person or by mail to any state or
local
office of a designated agency, to a public high school or
vocational school, to a public library, or to the office of a
county
treasurer, or in person or by mail to the office of the
secretary of
state, or to the
office of a board of elections.
(b) Subject to division (B)(2)(c) of this section, an
applicant may return the applicant's completed registration form
through another person to any board of elections or the office of
the secretary of state.
(c) A person who receives compensation for registering a
voter shall return any registration form entrusted to that person
by an applicant to any board of elections or to the office of the
secretary of state.
(d) If a board of elections or the office of the secretary of
state receives a registration form under division (B)(2)(b) or (c)
of this section before the thirtieth day before an election, the
board or the office of the secretary of state, as applicable,
shall forward the registration to the board of elections of the
county in which the applicant is seeking to register to vote
within ten days after receiving the application. If a board of
elections or the office of the secretary of state receives a
registration form under division (B)(2)(b) or (c) of this section
on or after the thirtieth day before an election, the board or the
office of the secretary of state, as applicable, shall forward the
registration to the board of elections of the county in which the
applicant is seeking to register to vote within thirty days after
that election.
(C)(1) A board of elections that receives a voter
registration application and is satisfied as to the truth of the
statements made in the registration form shall register the
applicant not later than twenty ten business days after receiving
the
application, unless that application is received during the
thirty
twenty-eight days immediately preceding the day of an
election. The board shall
promptly notify the applicant in
writing of each of
the following:
(a) The applicant's registration;
(b) The precinct in which the
applicant is to vote;
(c) In bold type as follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include either a current and
valid
photo identification or any two current and valid items
that list the voter's name in a manner that substantially
conforms to the voter's name on the statewide voter registration
database and are from a nonprofit organization, an institution, a
business, or a government entity. Identification for a first-time
voter who registered to
vote by mail, did not include proper
identification with the registration application, and has not
previously voted in a federal election in Ohio may include a
current and valid
photo
identification, a military
identification, or a copy of a
current
utility
bill, bank
statement, government check, paycheck,
or
other
government
document, other than this notification or a
notification of an
election mailed by a board of elections, that
shows the voter's
name and current address. Voters who do not
have or who do not
provide one of these documents will still be
able to vote by
providing the last four digits of the voter's
social security
number and by casting a provisional ballot.
Voters who do not
have
any of the above forms of identification,
including a
social
security number, will still be able to vote by
signing an
affirmation swearing to the voter's identity under
penalty of
election falsification and by casting a provisional
ballot."
The notification shall be by
nonforwardable mail. If the mail
is returned to the board, it
shall investigate and cause the
notification to be delivered to
the correct address.
(2) If the board does not accept the application for
registration, it shall notify the applicant, by whatever means of
contact the applicant has provided on the registration
application, of the reasons for rejecting the application and
request that the applicant provide whatever information or
verification is necessary to complete the application.
The applicant may provide the required information by mail,
electronic mail, telephone, or facsimile transmission, through the
internet, or in person at the office of the board of elections. If
the application is missing a signature, the applicant may provide
a signed statement that the applicant submitted the application. A
signature provided on a signed statement under this division shall
be considered the applicant's signature on the application for the
purposes of processing an otherwise valid application for voter
registration.
The secretary of state shall prescribe uniform
standards for
processing additional information by mail,
electronic mail,
telephone, facsimile transmission, through the
internet, or in
person at the office of the board of elections
under this
division.
If the applicant provides the required information, the board
shall promptly register the applicant. If the information is
provided after the close of voter registration for the next
election, the voter shall not be eligible to vote in that
election.
(3) If, after investigating as required under division (C)(1)
of this section, the board is unable to verify the voter's correct
address, it shall cause the voter's name in the official
registration list and in the poll list or signature pollbook to be
marked to indicate that the voter's notification was returned to
the board.
At the first election at which a voter whose name has been so
marked appears to vote, the voter shall be required to provide
identification to the election officials and to vote by
provisional ballot under section 3505.181 of the Revised Code. If
the provisional ballot is counted pursuant to division (B)(3) of
section 3505.183 of the Revised Code Based on the provided
identification, the board shall correct that
voter's
registration, if needed, and shall remove the indication
that the
voter's notification was returned from that voter's name
on the
official registration list and on the poll list or
signature
pollbook. If the provisional ballot is not counted
pursuant to
division (B)(4)(a)(i), (v), or (vi) of section
3505.183 of the
Revised Code, the voter's registration shall be
canceled. The
board shall notify the voter by United States mail
of the
cancellation.
(3)(4) If a notice of the disposition of an otherwise valid
registration application is sent by nonforwardable mail and is
returned undelivered, the person shall be registered as provided
in division (C)(2)(3) of this section and sent a
confirmation
notice
by forwardable mail. If the person fails to
respond to the
confirmation notice, update the person's
registration, or vote by
provisional ballot as provided in division (C)(2) of this section
in any election during the period of two federal
elections
subsequent to the mailing of the confirmation notice, the person's
registration shall be canceled.
Sec. 3503.21. (A) The registration of a registered
elector
shall be canceled upon the occurrence of any of the
following:
(1) The filing by a registered elector of a written
request
with a board of elections, on a form prescribed by the
secretary
of state and signed by the elector, that the
registration be
canceled. The filing of such a request does not
prohibit an
otherwise qualified elector from reregistering to
vote at any
time.
(2) The filing of a notice of the death of the registered
elector as provided in division (F) of this section 3503.18 of the
Revised Code or the filing of an official notice of death of the
registered elector with the board of elections by the chief health
officer of a jurisdiction outside of Ohio;
(3) The conviction of the registered elector of a felony
under the laws of this state, any other state, or the United
States as provided in section 2961.01 of the Revised Code;
(4) The adjudication of incompetency of the registered
elector for the purpose of voting as provided in section 5122.301
of the Revised Code;
(5) The change of residence of the registered elector to a
location outside the county of registration in accordance with
division (B) of this section;
(6) The failure of the registered elector, after having
been
mailed a confirmation notice, to do either of the following:
(a) Respond to such a notice and vote at least once during
a
period of four consecutive years, which period shall include
two
general federal elections;
(b) Update the elector's registration and vote at least
once
during
a period of four consecutive years, which period shall
include
two general federal elections.
(B)(1) The secretary of state shall prescribe procedures to
identify and cancel the registration in a prior county of
residence of any registrant who changes the registrant's
voting
residence to a
location outside the registrant's current county of
registration. Any
procedures prescribed in this division shall be
uniform and
nondiscriminatory, and shall comply with the Voting
Rights Act of
1965. The secretary of state may prescribe
procedures under this
division that include the use of the
national change of address
service provided by the United States
postal system through its
licensees. Any program so prescribed
shall be completed not
later than ninety days prior to the date of
any primary or
general election for federal office.
(2) The registration of any elector identified as having
changed the elector's voting residence to a location outside
the
elector's current
county of registration shall not be canceled
unless the
registrant is sent a confirmation notice on a form
prescribed by
the secretary of state and the registrant fails to
respond to the
confirmation notice or otherwise update the
registration and
fails to vote in any election during the period
of two federal
elections subsequent to the mailing of the
confirmation notice.
(C) The registration of a registered elector shall not be
canceled except as provided in this section, division (Q) of
section 3501.05 of the Revised Code, division (C)(2) of section
3503.19 of the Revised Code, or division (C)(E) of section 3503.24
of the Revised Code.
(D) Boards of elections shall send their voter
registration
information to the secretary of state as required under section
3503.15 of the Revised Code. In
the first quarter of each
odd-numbered year, the secretary of
state shall send the
information to the
national change of address service described in
division (B) of
this section and request that service to provide
the secretary of
state with a list of any voters sent by the
secretary of state who have moved within the last thirty-six
months. The secretary of state shall transmit to each
appropriate
board of elections whatever lists the secretary of
state receives
from
that service. The board shall send a notice to each person on
the list transmitted by the secretary of state requesting
confirmation of the person's change of address, together with a
postage prepaid, preaddressed return envelope containing a form
on
which the voter may verify or correct the change of address
information.
(E) The registration of a registered elector described in
division (A)(6) or (B)(2) of this section shall be canceled not
later than one hundred twenty days after the date of the second
general federal election in which the elector fails to vote or not
later than one hundred twenty days after the expiration of the
four-year period in which the elector fails to vote or respond to
a confirmation notice, whichever is later.
(F)(1) The chief health officer of each political
subdivision
and the state director of health shall file with the board
of
elections, at least once
each month, the names, dates of birth,
dates of death, and
residence addresses of all Ohio residents,
over
eighteen years
of age, who have
died within such
subdivision or
within this state
or another state,
respectively,
within such
month.
(2) At least once
each month the
probate judge shall file
with the board of elections the names
and residence addresses of
all persons
over eighteen years of age
who have been adjudicated
incompetent
for the purpose of voting,
as provided in section
5122.301 of the
Revised Code.
(3) At least once
each month the clerk of the court of
common pleas shall file with
the board of elections the names and
residence
addresses of all persons who
have been convicted and
incarcerated during the
previous month of crimes that would
disfranchise such
persons
under existing laws of the state.
Reports of conviction and incarceration of crimes under the
laws
of the United
States that would disfranchise
an elector and that
are provided to
the secretary of state by any United
States
attorney shall be
forwarded by the secretary of state to the
appropriate board of
elections.
(4) Upon receipt of any report described in division (F)(1),
(2), or (3) of this section, the
board of elections
shall
promptly cancel the registration of the
elector. If the report
contains a
residence address of an elector
in a county other than
the county in which
the board of elections
is located, the
director shall promptly send a copy of
the report
to the
appropriate board of elections, which shall cancel the
registration.
Sec. 3503.24. (A) Application for the correction of any
precinct registration list or a challenge of the right to vote of
any registered elector may be made by any qualified elector of
the
county at the office of the board of elections not later than
twenty days prior to the election. The
applications application or
challenges challenge,
with the reasons for the application or
challenge,
shall be
filed
with the board on a
form prescribed by
the secretary of
state and
shall be signed
under penalty of
election
falsification.
(B) A challenge to an elector's right to vote shall be
considered by the board of elections only if the elector is being
challenged on any of the following grounds:
(1) That the person is not a resident of the precinct in
which the person is registered to vote;
(2) That the person is not a citizen of the United States;
(3) That the person is not eighteen years of age or older;
(4) That the person is not a qualified elector for that
election.
Challenges shall be made
only if the challenger knows or
reasonably believes
that the challenged elector is not qualified
and entitled to vote.
(C) On receiving an application or challenge filed under this
section, the board of elections promptly shall review the board's
records. If the board is able to determine that an application or
a challenge should be granted or denied solely on the basis of the
records maintained by the board, the board immediately shall vote
to grant or deny that application or challenge.
If the board is not able to determine whether an application
or challenge should be granted or denied solely on the basis of
the records maintained by the board If the board is able to
determine that an application for the correction of any precinct
registration list should be granted solely on the basis of the
records maintained by the board, the board immediately shall vote
to grant that application.
Otherwise, the director shall promptly set a time and date
for a
hearing before the board. Except as otherwise provided in
division (D) of this section, the The hearing shall be held, and
the application or challenge shall be decided, no later
than ten
days after the board receives the application or challenge. The
director shall send
written notice to any elector whose right to
vote is challenged
and to any person whose name is alleged to have
been omitted from
a registration list. The notice shall inform the
person of the
time and date of the hearing, and of the person's
right to
appear and
testify, call witnesses, and be represented by
counsel. The
all of the following:
(1) That an application for the correction of a precinct
registration list or a challenge of the right to vote of the
registered elector has been made;
(2) The name of the person submitting the application or
challenge, as applicable, which shall be accompanied by a copy of
the application or challenge form submitted to the board;
(3) The time, date, and place of the hearing;
(4) That the elector has a right to appear and testify at the
public hearing and present evidence relevant to the
challenge or
application;
(5) That the elector has a right to call and subpoena
witnesses to appear at the hearing;
(6) That the elector has a right to be represented by counsel
at the hearing and may cross-examine witnesses;
(7) That, at the conclusion of the hearing, the cancellation
of the voter's registration or correction of the precinct
registration list requires a majority vote of the members of the
board of elections.
The notice shall be sent by first class mail no later than
three seven days
before the day of any scheduled hearing. The
director shall also
provide the person who filed the application
or challenge with
such the same written notice of the date and
time of the hearing.
At the request of either party or any member of the board,
the board shall issue subpoenas to witnesses to appear and
testify
before the board at a hearing held under this section.
All
witnesses shall testify under oath. The
(D) The board shall reach a
decision on all applications and
challenges immediately after
hearing. A public vote of three
members of
the board shall be necessary to uphold a challenge on
a person's
right to vote or to correct a precinct registration
list under
this section. In the case of a tie vote or
disagreement in the
board, the board shall submit the matter and
all related materials
to the secretary of state in accordance
with division (X) of
section 3501.11 of the Revised Code.
(C)(E) If the board decides that any such person is not
entitled
to have the person's name on the registration list,
the
person's name shall be
removed from the list and the
person's
registration forms canceled. If the
board decides that the name of
any such person should appear on
the registration list, it shall
be added to the list, and the
person's registration forms placed
in the proper registration files. All
such corrections and
additions shall be made on a copy of the
precinct lists, which
shall constitute the poll lists, to be
furnished to the respective
precincts with other election
supplies on the day preceding the
election, to be used by the
election officials in receiving the
signatures of voters and in checking
against the registration
forms.
(D)(1) If an application or challenge for which a hearing is
required to be conducted under division (B) of this section is
filed after the thirtieth day before the day of an election, the
board of elections, in its discretion, may postpone that hearing
and any notifications of that hearing until after the day of the
election. Any hearing postponed under this division shall be
conducted not later than ten days after the day of the election.
(2) The board of elections shall cause the name of any
registered elector whose registration is challenged and whose
challenge hearing is postponed under division (D)(1) of this
section to be marked in the official registration list and in the
poll list or signature pollbook for that elector's precinct to
indicate that the elector's registration is subject to challenge.
(3) Any elector who is the subject of an application or
challenge hearing that is postponed under division (D)(1) of this
section shall be permitted to vote a provisional ballot under
section 3505.181 of the Revised Code. The validity of a
provisional ballot cast pursuant to this section shall be
determined in accordance with section 3505.183 of the Revised
Code, except that no such provisional ballot shall be counted
unless the hearing conducted under division (B) of this section
after the day of the election results in the elector's inclusion
in the official registration list.
Sec. 3503.28. (A) The secretary of state shall develop an
information brochure regarding voter registration. The brochure
shall include, but is not limited to, all of the following
information:
(1) The applicable deadlines for registering to vote or for
returning an applicant's completed registration form;
(2) The applicable deadline for returning an applicant's
completed registration form if the person returning the form is
being compensated for registering voters;
(3) The locations to which a person may return an applicant's
completed registration form;
(4) The location to which a person who is compensated for
registering voters may return an applicant's completed
registration form;
(5) The registration and affirmation requirements applicable
to persons who are compensated for registering voters under
section 3503.29 of the Revised Code;
(6) A notice, which shall be written in bold type, stating as
follows:
"Voters must bring identification to the polls in order to
verify identity. Identification may include a current and valid
photo identification or any two current and valid items that list
the voter's name in a manner that substantially
conforms to the
voter's name on the statewide voter registration
database and are
from a nonprofit organization, an institution, a business, or a
government entity. Identification for a first-time voter who
registered to
vote by mail, did not include proper identification
with the registration application, and has not previously voted in
a federal election in Ohio may include a current and valid
photo
identification, a military identification, or a copy of a
current
utility
bill, bank statement, government check, paycheck,
or
other
government document, other than a notice of an election
or
a voter
registration notification sent by a board of
elections,
that shows
the voter's name and current address.
Voters who do
not have or who do not provide
one of these documents will still
be
able to vote by providing the
last four digits of the voter's
social security number and by
casting a provisional ballot.
Voters who do not have any of the
above forms of identification,
including a social security number,
will still be able to vote by
signing an affirmation swearing to
the voter's identity under
penalty of election falsification and
by casting a provisional
ballot."
(B) Except as otherwise provided in division (D) of this
section, a board of elections, designated agency, public high
school, public vocational school, public library, office of a
county treasurer, or deputy registrar of motor vehicles shall
distribute a copy of the brochure developed under division (A) of
this section to any person who requests more than two voter
registration forms at one time.
(C)(1) The secretary of state shall provide the information
required to be included in the brochure developed under division
(A) of this section to any person who prints a voter registration
form that is made available on a web site of the office of the
secretary of state.
(2) If a board of elections operates and maintains a web
site, the board shall provide the information required to be
included in the brochure developed under division (A) of this
section to any person who prints a voter registration form that is
made available on that web site.
(D) A board of elections shall not be required to distribute
a copy of a brochure under division (B) of this section to any of
the following officials or employees who are requesting more than
two voter registration forms at one time in the course of the
official's or employee's normal duties:
(1) An election official;
(3) A deputy registrar of motor vehicles;
(4) An employee of a designated agency;
(5) An employee of a public high school;
(6) An employee of a public vocational school;
(7) An employee of a public library;
(8) An employee of the office of a county treasurer;
(9) An employee of the bureau of motor vehicles;
(10) An employee of a deputy registrar of motor vehicles;
(11) An employee of an election official.
(E) As used in this section, "registering voters" includes
any effort, for compensation, to provide voter registration forms
or to assist persons in completing or returning those forms.
Sec. 3505.03. On the office type ballot shall be printed
the
names of all candidates for election to offices, except
judicial
offices, who were nominated at the most recent
primary
election as
candidates of a political party or who were
nominated
in
accordance with section 3513.02 of the Revised Code,
and the
names
of all candidates for election to offices who were
nominated
by
nominating petitions, except candidates for judicial
offices,
for
member of the state board of education, for member
of a board
of
education, for municipal offices, and for township
offices.
The face of
the ballot below the stub shall be
substantially
in the following form:
"OFFICIAL OFFICE TYPE BALLOT Official Office Type Ballot
(A) To vote for a candidate record, mark your vote in the
manner
provided choice next to the candidate's name of such
candidate.
(B) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you
cannot
return it, notify the precinct election officers, and
obtain another ballot make a mistake or want to change your vote,
ask an election official for a new ballot. You may ask for a new
ballot up to two times."
The order in which the offices shall be listed on the
ballot
shall be prescribed by, and certified to each board of
elections
by, the secretary of state; provided that for state,
district, and
county offices the order from top to bottom shall
be as follows:
governor and lieutenant governor, attorney
general, auditor of
state, secretary of state, treasurer of
state, United States
senator, representative to congress, state
senator, state
representative, county commissioner, county
auditor, prosecuting
attorney, clerk of the court of common
pleas, sheriff, county
recorder, county treasurer, county
engineer, and coroner. The
offices of governor and lieutenant
governor shall be printed on
the ballot in a manner that requires
a voter to cast one vote
jointly for the candidates who have been
nominated by the same
political party or petition.
The names of all candidates for an office shall be arranged
in a group under the title of that office, and, except for
absentee absent voter's ballots or when the number of candidates
for a
particular
office is the same as the number of candidates to
be
elected for
that office, shall be rotated from one precinct to
another. On
absentee absent voter's ballots, the names of all
candidates for
an
office shall
be arranged in a group under the
title of that
office and shall be
so alternated that each name
shall appear,
insofar as may be
reasonably possible, substantially
an equal
number of times at the
beginning, at the end, and in each
intermediate place, if any, of
the group in which such name
belongs, unless the number of
candidates for a particular office
is the same as the number of
candidates to be elected for that
office.
The method of printing the ballots to meet the rotation
requirement of this section shall be as follows:
the least
common
multiple of the number of names in each of the several
groups of
candidates shall be used, and the number of changes made
in the
printer's forms in printing
the ballots shall
correspond
with
that
multiple. The board of elections shall
number all
precincts in
regular serial sequence. In the first
precinct, the
names of the
candidates in each group shall be
listed in
alphabetical order. In
each succeeding precinct, the
name in
each group
that is listed
first in the preceding
precinct shall
be listed last, and the name
of each candidate
shall be moved up
one place. In each precinct
using paper
ballots, the printed
ballots shall then be assembled
in tablets. Under
The title of each office and the name of each candidate shall
be printed flush left and shall not be centered on the ballot or
in any column appearing on the ballot. The name of each candidate
shall be printed using standard capitalization in accordance with
instructions provided by the secretary of state and shall not be
printed using all capital letters.
Except as otherwise provided in any section of the Revised
Code, the names of candidates for nomination or election to the
same office shall not appear on different pages of a printed
ballot. To the extent practical, the names of candidates for
nomination or election to the same office shall not appear in
different columns on the same page.
Except as otherwise provided in any section of the Revised
Code, the names of candidates for nomination or election to the
same office shall not appear on different ballot screens on direct
recording electronic voting machines. To the extent practical, the
names of candidates for the same office shall not appear in
different columns on the same screen.
Under the name of each
candidate nominated at a primary
election and each candidate nominated pursuant to section 3513.02
of the Revised Code, or
certified by a party committee to
fill
a
vacancy under section
3513.31 of the Revised Code shall be
printed, in less prominent
type face than that in which the
candidate's name is printed, the
name of the political party by
which the candidate was nominated
or certified.
Under the name of
each candidate appearing on the
ballot who filed a
nominating
petition and requested a ballot
designation as a nonparty
candidate under
section 3513.257
of the
Revised Code shall be
printed, in less
prominent type face
than
that
in which the
candidate's name is
printed, the
designation of
"nonparty
candidate." Under the name of each candidate appearing
on the
ballot who filed a nominating petition and requested a
ballot
designation as an other-party candidate under section
3513.257 of
the Revised Code shall be printed, in less prominent
type face
than that in which the candidate's name is printed, the
designation of "other-party candidate." No designation shall
appear under the name of a candidate appearing on the ballot who
filed a nominating petition and requested that no ballot
designation appear under the candidate's name under section
3513.257 of the Revised Code, or who filed a nominating petition
and failed to request a ballot designation either as a nonparty
candidate or as an other-party candidate under that section.
Except as provided in this section, no words, designations,
or emblems descriptive of a candidate or
the candidate's
political
affiliation, or indicative of the method by which the
candidate
was nominated or certified, shall be printed under or
after a
candidate's name
that is printed on the ballot.
Sec. 3505.04. On the nonpartisan ballot shall be printed
the
names of all nonpartisan candidates for election to judicial
office, office of member of the state board of education, office
of member of a board of education, municipal or township offices
for municipal corporations and townships in which primary
elections are not held for nomination of candidates by political
parties, and municipal offices of municipal corporations having
charters which provide for separate ballots for elections for
such
municipal offices.
Such ballots shall have printed across the top, and below
the
stubs, "Official Nonpartisan Ballot."
The order in which the offices are listed on the ballot
shall
be prescribed by, and certified to each board of elections
by, the
secretary of state; provided that the office of member of
the
state board of education shall be listed first on the ballot,
then
state, district, and county judicial offices shall be listed
on
the ballot in such order, followed by municipal and township
offices, and by offices of member of a board of education, in the
order stated.
Within the rectangular space within which the title of each
judicial office is printed on the ballot and immediately below
such title shall be printed the date of the commencement of the
term of the office, if a full term, as follows: "Full term
commencing .......(Date).......," or the date of the end of the
term of the office, if an unexpired term, as follows: "Unexpired
term ending .......(Date)........"
The secretary of state shall prescribe the information and
directions to the voter to be printed on the ballot within the
rectangular space in which the title of office of member of the
state board of education appears.
Within the rectangular space within which the title of each
office for member of a board of education is printed on the
ballot
shall be printed "For Member of Board of Education," and
the
number to be elected, directions to the voter as to voting
for
one, two, or more, and, if the office to be voted for is
member of
a board of education of a city school district, words
shall be
printed in said space on the ballot to indicate whether
candidates
are to be elected from subdistricts or at large.
The names of all nonpartisan candidates for an office shall
be arranged in a group under the title of that office, and shall
be rotated and printed on the ballot as provided in section
3505.03 of the Revised Code.
The title of each office and the name of each candidate shall
be printed flush left and shall not be centered on the ballot or
in any column appearing on the ballot. The name of each candidate
shall be printed using standard capitalization in accordance with
instructions provided by the secretary of state and shall not be
printed using all capital letters. No name or designation of any
political party nor any
words, designations, or emblems
descriptive of a candidate or his
the candidate's
political
affiliation, or indicative of the method by which such
candidate
was nominated or certified, shall be printed under or
after any
nonpartisan candidate's name which is printed on the
ballot.
Sec. 3505.06. (A) On the questions and issues ballot shall
be
printed all questions and issues to be submitted at any one
election together with the percentage of affirmative votes
necessary for passage as required by law. Such ballot shall have
printed across the top thereof, and below the stubs, "Official
Questions and Issues Ballot."
(B)(1) Questions and issues shall be grouped together on the
ballot from top to bottom as provided in division (B)(1) of this
section, except as otherwise provided in division (B)(2) of this
section. State questions and issues shall always appear as the top
group of
questions and issues. In calendar year 1997, the
following questions and
issues shall be grouped together on the
ballot, in the following order from
top to bottom, after the state
questions and issues:
(a) County questions and issues;
(b) Municipal questions and issues;
(c) Township questions and issues;
(d) School or other district questions and issues.
In each succeeding calendar year after 1997, each group of
questions and
issues described in division (B)(1)(a) to (d)
of
this section shall be moved down one place on the ballot except
that the
group that was last on the ballot during the immediately
preceding calendar
year shall appear at the top of the ballot
after the state questions and
issues. The rotation shall be
performed only once each calendar year,
beginning with the first
election held during the calendar year. The rotation
of groups of
questions and issues shall be performed during each calendar year
as required by division (B)(1) of this section, even if no
questions
and issues from any one or more such groups appear on
the ballot at any
particular election held during that calendar
year.
(2) Questions and issues shall be grouped together on the
ballot, from top to bottom, in the following order when it is not
practicable to group them together as required by division (B)(1)
of
this section because of the type of voting machines used by the
board of
elections: state questions and issues, county questions
and issues, municipal
questions and issues, township questions and
issues, and school or other
district questions and issues. The
particular order in
which each of a group of state questions or
issues is placed on
the ballot shall be determined by, and
certified to each board of
elections by, the secretary of state.
(3) Failure of the board of elections to rotate questions and
issues as required by division (B)(1) of this section does not
affect
the validity of the election at which the failure occurred,
and is not grounds
for contesting an election under section
3515.08 of the Revised Code.
(C) The particular order in which each of a group of county,
municipal,
township, or school district questions or issues is
placed on the ballot shall
be determined by the board providing
the ballots.
(D) The printed matter pertaining to each question or issue
on the ballot
shall be enclosed at the top and bottom thereof by a
heavy horizontal line
across the width of the ballot. Immediately
below such top line shall be
printed a brief title descriptive of
the question or issue below it, such as
"Proposed Constitutional
Amendment," "Proposed Bond Issue," "Proposed
Annexation of
Territory," "Proposed Increase in Tax Rate," or
such other brief
title as will be descriptive of the question or
issue to which it
pertains, together with a brief statement of
the percentage of
affirmative votes necessary for passage, such
as "A sixty-five per
cent affirmative vote is necessary for
passage," "A majority vote
is necessary for passage," or such
other brief statement as will
be descriptive of the percentage of
affirmative votes required.
(E)(1) The questions and issues ballot need not contain the
full
text of the proposal to be voted upon. A condensed text that
will properly describe the question, issue, or an amendment
proposed by other than the general assembly shall be used as
prepared and certified by the secretary of state for state-wide
questions or issues or by the board for local questions or
issues.
If other than a full text is used, the full text of the
proposed
question, issue, or amendment together with the
percentage of
affirmative votes necessary for passage as required
by law shall
be posted in each polling place in some spot that is
easily
accessible to the voters.
(2)(a) Except as otherwise provided in division (E)(2)(b) of
this section, ballot language for any state or local question,
issue, or amendment shall not exceed three hundred words.
(b) Division (E)(2)(a) of this section shall not apply to any
question, issue, or amendment if the Revised Code or a municipal
or county charter specifies a
ballot form or ballot language for
that question, issue, or
amendment, and the ballot form or ballot
language specified in the
Revised Code or a municipal or county
charter exceeds three hundred words.
(F) Each question and issue appearing on the questions and
issues ballot may be consecutively numbered. The question or
issue
determined to appear at the top of the ballot may be
designated on
the face thereof by the Arabic numeral "1" and all
questions and
issues placed below on the ballot shall be
consecutively numbered.
Such numeral shall be placed below the
heavy top horizontal line
enclosing such question or issue and to
the left of the brief
title thereof.
Sec. 3505.062. The Ohio ballot board shall
do all of the
following:
(A) Examine, within ten days after its receipt, each written
initiative petition received from the attorney general under
section 3519.01 of the Revised Code to determine whether it
contains only one proposed law or constitutional amendment so as
to enable the voters to vote on a proposal separately. If the
board so determines, it shall certify its approval to the attorney
general, who then shall file with the secretary of state in
accordance with division (A) of section 3519.01 of the Revised
Code a verified copy of the proposed law or constitutional
amendment together with its summary and the attorney general's
certification of it.
If the board determines that the initiative petition contains
more than one proposed law or constitutional amendment, the board
shall divide the initiative petition into individual petitions
containing only one proposed law or constitutional amendment so as
to enable the voters to vote on each proposal separately and
certify its approval to the attorney general. If the board so
divides an initiative petition and so certifies its approval to
the attorney general, the petitioners shall resubmit to the
attorney general appropriate summaries for each of the individual
petitions arising from the board's division of the initiative
petition, and the attorney general then shall review the
resubmissions as provided in division (A) of section 3519.01 of
the Revised Code.
(B) Prescribe the ballot language for constitutional
amendments proposed by
the general assembly to be printed on the
questions and issues ballot, which
language shall properly
identify the substance of the proposal to be voted
upon but shall
not exceed three hundred words;
(C) Prepare an explanation of each
constitutional amendment
proposed by the general assembly,
which
explanation may include
the purpose and effects of the proposed amendment;
(D) Certify the ballot language and explanation, if any, to
the secretary of
state no later than
seventy-five days
before the
election at which the
proposed question or issue is to
be
submitted
to the voters;
(E)
Prepare, or designate a group of persons to prepare,
arguments in support of or in opposition to a constitutional
amendment proposed by a resolution of the general assembly, a
constitutional amendment or state law proposed by initiative
petition,
or a state law, or section or item of state law, subject
to a referendum
petition, if the persons otherwise responsible for
the preparation
of those arguments fail to timely prepare and file
them;
(F) Direct the means by which the secretary of state shall
disseminate
information concerning proposed
constitutional
amendments, proposed laws, and referenda to the voters;
(G) Direct the
secretary of state to contract for the
publication in a newspaper of general circulation in each county
in the state of the ballot language, explanations, and arguments
regarding each of the following:
(1) A constitutional amendment or law proposed by initiative
petition under Section 1g of Article II of the Ohio Constitution;
(2) A law, section, or item of law submitted to the electors
by referendum petition under Section 1g of Article II of the Ohio
Constitution;
(3) A constitutional amendment submitted to the electors by
the general assembly under Section 1 of Article XVI of the Ohio
Constitution.
Sec. 3505.08. (A) Ballots shall be provided by the board of
elections for all general and special elections. The ballots
shall
be printed with black ink on No. 2 white book paper fifty
pounds
in weight per ream assuming such ream to consist of five
hundred
sheets of such paper twenty-five by thirty-eight inches
in size.
Each ballot shall have attached at the top two stubs,
each of the
width of the ballot and not less than one-half inch in length,
except that, if the board of elections has an alternate method to
account for
the ballots that the secretary of state has
authorized, each
ballot may have only one stub that shall be the
width of the
ballot and not less than one-half inch in length. In
the
case of ballots with two stubs, the stubs shall be separated
from the
ballot and from each other by perforated lines. The top
stub shall be known
as Stub B and shall have printed on its face
"Stub B." The other stub shall
be known as Stub A and shall have
printed on its face
"Stub A." Each stub shall also have printed on
its face
"Consecutive Number .........."
Each ballot of each kind of
ballot provided for use in each
precinct shall be numbered
consecutively beginning with number 1
by printing such number
upon both of the stubs attached to the
ballot. On ballots bearing the
names of candidates, each
candidate's name shall be printed in
twelve point boldface upper
case type in an enclosed rectangular
space, and an enclosed blank
rectangular space shall be provided
at the left of the candidate's
name. The name of the political party of a
candidate nominated at
a primary election or certified by a party
committee shall be
printed in ten point lightface upper and lower
case type and shall
be separated by a two point blank space. The
name of each
candidate shall be indented one space within
the enclosed
rectangular space, and the name of the political party shall be
indented two spaces within the enclosed rectangular space.
The title of
each office on the ballots shall be printed in
twelve point
boldface upper and lower case type in a separate
enclosed
rectangular space. A four point rule shall separate the
name of
a candidate or a group of candidates for the same office
from the
title of the office next appearing below on the ballot; a
two
point rule shall separate the title of the office from the
names
of candidates; and a one point rule shall separate names of
candidates. Headings shall be printed in display Roman type.
When
the names of several candidates are grouped together as
candidates
for the same office, there shall be printed on
the ballots
immediately below the title of the office and within the
separate
rectangular space in which the title is printed "Vote
for not more
than ........," in six point boldface upper and
lower case filling
the blank space with that number which will
indicate the number of
persons who may be lawfully elected to
the office.
Columns on ballots shall be separated from each other by a
heavy vertical border or solid line at least one-eighth of an
inch
wide, and a similar vertical border or line shall enclose
the left
and right side of ballots. Ballots shall be trimmed
along the
sides close to such lines.
The ballots provided for by this section shall be comprised
of four kinds of ballots designated as follows: office type
ballot; nonpartisan ballot; questions and issues
ballot; and
presidential ballot.
On the back of each office type ballot shall be printed
"Official Office Type Ballot;" on the back of each nonpartisan
ballot shall be printed "Official Nonpartisan Ballot;" on the
back
of each questions and issues ballot shall be printed
"Official
Questions and Issues Ballot;" and on the back of each
presidential
ballot shall be printed "Official Presidential
Ballot." On the
back of every ballot also shall be printed the
date of the
election at which the ballot is used and the
facsimile signatures
of the members of the board of the county in
which the ballot is
used. For the purpose of identifying the
kind of ballot, the back
of every ballot may be numbered in
the order the board shall
determine. The numbers shall be
printed in not less than
thirty-six point type above the words
"Official Office Type
Ballot," "Official Nonpartisan Ballot,"
"Official Questions and
Issues Ballot," or "Official Presidential
Ballot," as the case may
be. Ballot boxes bearing corresponding
numbers shall be furnished
for each precinct in which the above-described numbered ballots
are used.
On the back of every ballot used, there shall be a solid
black line printed opposite the blank rectangular space that is
used to mark the choice of the voter. This line shall be printed
wide enough so that the mark in the blank rectangular space will
not be visible from the back side of the ballot.
Sample ballots may be printed by the board of elections for
all general elections. The ballots shall be printed on colored
paper, and "Sample Ballot" shall be plainly printed in boldface
type on the face of each ballot. In counties of less than one
hundred thousand population, the board may print not more than
five hundred sample ballots; in all other counties, it may print
not more than one thousand sample ballots. The sample ballots
shall not be distributed by a political party or a candidate, nor
shall a political party or candidate cause their title or name to
be imprinted on sample ballots.
(B) Notwithstanding division (A) of this section, in
approving the form of an official ballot, the secretary of state
may authorize the use of fonts, type face settings, and ballot
formats other than those prescribed in that division.
Sec. 3505.10. (A) On the presidential ballot below the stubs
at the top of the face of the ballot shall be printed "Official
Presidential Ballot." centered between the side edges of the
ballot. Below "Official Presidential Ballot" shall be printed a
heavy line centered between the side edges of the ballot. Below
the line shall be printed "Instruction instructions to Voters"
centered
between the side edges of the ballot, and below
those
words shall
be printed the following instructions voters, which
shall be substantially as follows:
"(1) To vote for the candidates for president and
vice-president whose names are printed below, record your
vote in
the manner provided next to the
names of such candidates. That
recording of the vote will be counted as a
vote for each of the
candidates for presidential elector whose names have been
certified to the secretary of state and who are members of the
same political party as the nominees for president and
vice-president. A recording of the vote for
independent
candidates
for
president and vice-president shall be counted as a vote for
the
presidential electors filed by such candidates with the
secretary
of state.
(2) To vote for candidates for president and
vice-president
in the blank space below, record your
vote in
the manner provided
and write the names of your
choice for
president and
vice-president under the respective headings
provided for those
offices. Such write-in will be counted as a
vote for the
candidates' presidential electors whose names have
been properly
certified to the secretary of state.
(3) If you tear, soil, deface, or erroneously mark this
ballot, return it to the precinct election officers or, if you
cannot
return
it, notify the precinct election officers, and
obtain
another ballot."
"To vote for President and Vice-president, mark your
choice
next to the joint candidates' names."
(B) Below those instructions to the voter shall be printed a
single vertical column of enclosed rectangular spaces equal in
number to the number of presidential candidates plus one
additional space for write-in candidates. Each of those
rectangular spaces shall be enclosed by a heavy line along each
of
its four sides, and such spaces shall be separated from each
other
by one-half inch of open space.
In each of those enclosed rectangular spaces, except the
space provided for write-in candidates, shall be printed the
names
of the candidates for president and vice-president certified to
the secretary of state or
nominated in one of the following
manners:
(1) Nominated by the national convention of a political party
to which delegates and alternates were elected in this state at
the next preceding primary election. A political party certifying
candidates so nominated shall certify the names of those
candidates to the secretary of state on or before the sixtieth day
before the day of the general election.
(2) Nominated by nominating petition in accordance with
section 3513.257 of the Revised Code. Such a petition shall be
filed on or before the seventy-fifth day before the day of the
general election to provide sufficient time to verify the
sufficiency and accuracy of signatures on it.
(3) Certified to the secretary of state for placement on the
presidential ballot by authorized officials of an intermediate or
a minor political party that has held a state or national
convention
for the purpose of choosing those candidates or that
may, without
a convention, certify those candidates in accordance
with the
procedure authorized by its party rules. The officials
shall
certify the names of those candidates to the secretary of
state on
or before the sixtieth day before the day of the general
election.
The certification shall be accompanied by a designation
of a
sufficient number of presidential electors to satisfy the
requirements of law.
The names of candidates
for electors of president and
vice-president shall not be placed
on the ballot, but shall be
certified to the secretary of state
as required by sections
3513.11 and 3513.257 of the Revised Code.
A vote for any
candidates for president and
vice-president shall be a vote for
the electors of those
candidates whose names have been certified
to the secretary of
state.
(C) The arrangement of the printing in each of the enclosed
rectangular spaces shall be substantially as follows: Near the
top
and centered within the rectangular space shall be printed
"For
President" in ten-point boldface upper and lower case type.
Below
"For President" shall be printed the name of the candidate
for
president in twelve-point boldface upper and lower case type.
Below
the name of the candidate for president shall be printed the
name
of the political party by which that candidate for president
was
nominated in eight-point lightface upper and lower case type.
Below the name of such political party shall be printed "For
Vice-President" in ten-point boldface upper and lower case type.
Below "For Vice-President" shall be printed the name of the
candidate for vice-president in twelve-point boldface upper and
lower case
type. Below the name of the candidate for
vice-president shall
be printed the name of the political party by
which that
candidate for vice-president was nominated in
eight-point
lightface upper and lower case type. No political
identification
or name of any political party shall be printed
below the names
of presidential and vice-presidential candidates
nominated by
petition. The title of each office and the name of
each candidate shall be printed flush left and shall not be
centered on the ballot or in any column appearing on the ballot.
The rectangular spaces on the ballot described in this
section shall be rotated and printed as provided in section
3505.03 of the Revised Code.
Sec. 3505.12. The board of elections shall cause to be
printed in English in
twelve-point type on paper or cardboard
instructions as issued by the
secretary of state for the
guidance
of electors in marking their ballots.
Such instructions
shall
inform the voters as to how to prepare the ballots for
voting, how
to obtain a new ballot in case of accidentally
spoiling one, and,
in a smaller type, a summary of the important
sections of the
penal law
relating
to crimes against the elective
franchise. The,
which shall be substantially as follows:
"To vote, mark your choice next to the candidate's name or
answer of your choice.
If you make a mistake or want to change your vote, ask an
election official for a new ballot. You may ask for a new ballot
up to two times."
The precinct election officials
shall cause to be posted
immediately in front of or on the polling place and
in each voting
shelf one or
more of such cards of instructions.
Sec. 3505.13. A contract for the printing of ballots
involving a cost in excess of ten twenty-five thousand dollars
shall not be
let until after five days' notice published once in a
leading
newspaper published in the county or upon notice given by
mail by
the board of elections, addressed to the responsible
printing
offices within the state. Except as otherwise provided in
this
section, each bid for such printing must be accompanied by a
bond
with at least two sureties, or a surety company, satisfactory
to
the board, in a sum double the amount of the bid, conditioned
upon the faithful performance of the contract for such printing
as
is awarded and for the payment as damages by such bidder to
the
board of any excess of cost over the bid which it may be
obliged
to pay for such work by reason of the failure of the
bidder to
complete the contract. No bid unaccompanied by such
bond shall be
considered by the board. The board may, however,
waive the
requirement that each bid be accompanied by a bond if
the cost of
the contract is ten twenty-five thousand dollars or less. The
contract shall be let to the lowest responsible bidder in the
state. All ballots shall be printed within the state.
Sec. 3505.18. (A)(1) When an elector appears in a polling
place
to vote, the elector shall announce to the precinct election
officials the
elector's full name and current address and provide
proof of the elector's identity in the form of
a current and
valid
photo identification. If the elector's voter registration
record is marked pursuant to section 3503.141 of the Revised Code,
the elector shall provide first-time mail-in registrant
identification, a
military identification, or a copy of a
current utility
bill,
bank statement, government check,
paycheck,
or other
government
document, other than a notice of
an election
mailed by
a board
of elections under section
3501.19 of the
Revised Code or
a
notice of voter registration
mailed by a board
of elections
under section 3503.19 of the
Revised Code, that
shows the name
and
current address of the
elector. If the elector
provides
either a
driver's license or a
state identification card
issued
under
section 4507.50 of the
Revised Code that does not
contain
the
elector's current
residence address, the elector
shall
provide the
last four
digits of the elector's driver's
license
number or state
identification card number, and the
precinct
election official
shall mark the poll list or signature
pollbook
to indicate that
the elector has provided a driver's
license or
state
identification card number with a former address
and
record the
last four digits of the elector's driver's license
number or
state
identification card number.
(2) If an elector has but is unable to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of this section, but has a social
security number, the elector may provide the last four digits of
the elector's social security number. Upon providing the social
security number information, the elector may cast a provisional
ballot under section 3505.181 of the Revised Code, the envelope of
which ballot shall include that social security number
information.
(3) If an elector has but is unable to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of this section and if the elector
has a social security number but is unable to provide the last
four digits of the elector's social security number, the elector
may cast a provisional ballot under section 3505.181 of the
Revised Code.
(4) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, the elector may execute an affirmation under
penalty of election falsification that the elector cannot provide
the identification required under that division or the last four
digits of the elector's social security number for those reasons.
Upon signing the affirmation, the elector may cast a provisional
ballot under section 3505.181 of the Revised Code. The secretary
of state shall prescribe the form of the affirmation, which shall
include spaces for all of the following:
(b) The elector's address;
(d) The elector's date of birth;
(e) The elector's signature.
(5) If an elector does not have any of the forms of
identification required under division (A)(1) of this section and
cannot provide the last four digits of the elector's social
security number because the elector does not have a social
security number, and if the elector declines to execute an
affirmation under division (A)(4) of this section, the elector may
cast a provisional ballot under section 3505.181 of the Revised
Code, the envelope of which ballot shall include the elector's
name.
(6) If an elector has but does not have or declines to
provide to the precinct
election officials any of the forms of
identification required
under division (A)(1) of this section or
the elector has a social
security number but declines to provide
to the precinct election
officials the last four digits of the
elector's social security
number, the elector may cast a
provisional ballot under section
3505.181 of the Revised Code.
(B) After the elector has announced the elector's full name
and current address and provided any of the forms of
identification required under division (A)(1) of this section, the
elector shall write
confirm the elector's name and
address by
signing the elector's name at the proper
place in the poll list
or signature
pollbook provided for the
purpose, except that if,
for any reason, an
elector is unable to
write sign the elector's
name and current
address in the poll
list or
signature pollbook,
the elector may make the
elector's mark at the
place intended for
the elector's name, and a precinct election
official shall write
the name of the elector at the proper place
on the poll list or
signature pollbook following the elector's
mark. The making of
such a mark
shall be attested by the precinct
election official,
who shall evidence the
same by signing the
precinct election
official's name on the poll
list or signature
pollbook
as a
witness to the mark. Alternatively, if applicable,
an attorney in
fact acting pursuant to section 3501.382 of the
Revised Code may
sign the elector's signature in the poll list or
signature
pollbook in accordance with that section.
The elector's signature in the poll list or signature
pollbook then shall be compared with the elector's
signature on
the elector's
registration form or a digitized signature list as
provided for
in section 3503.13 of the Revised Code, and if, in
the opinion of
a majority of the precinct election officials, the
signatures are
the signatures of the same person, the election
officials shall enter the
date of the election on the registration
form or shall record the
date by other means prescribed by the
secretary of
state. The validity of an attorney in fact's
signature on behalf of an elector shall be determined in
accordance with section 3501.382 of the Revised Code.
If the right of the elector to vote is not then
challenged,
or, if being challenged, the elector establishes
the elector's
right to
vote, the elector shall be allowed to proceed to use the
voting
machine. If
voting machines are not being used in that
precinct, the judge in
charge of ballots shall then detach the
next ballots to be issued
to the elector from Stub B attached to
each ballot, leaving Stub
A attached to each ballot, hand the
ballots to the elector, and
call the elector's name and the stub
number on each of the
ballots. The
judge shall enter the stub
numbers opposite the signature of the
elector in the pollbook. The
elector shall then retire to one of
the voting compartments to
mark the elector's ballots. No
mark shall be
made on any ballot
which would in any way enable any person to
identify the person
who voted the ballot.
Sec. 3505.181. (A) All of the following individuals shall be
permitted to cast a provisional ballot at an election:
(1) An individual who declares that the individual is a
registered voter in the jurisdiction in which the individual
desires to vote and that the individual is eligible to vote in an
election, but the name of the individual does not appear on the
official list of eligible voters for the polling place or an
election official asserts that the individual is not eligible to
vote;
(2) An individual who has a social security number and
provides to the election officials the last four digits of the
individual's social security number as permitted by division
(A)(2) of section 3505.18 of the Revised Code;
(3) An individual who has but is unable to does not have or
declines to
provide to the
election officials any of the forms of
identification required
under division (A)(1) of section 3505.18
of the Revised Code and
who has a social security number but is
unable to provide the last
four digits of the individual's social
security number as
permitted under division (A)(2) of that
section;
(4) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the individual does not have a social
security number, and who has executed an affirmation as permitted
under division (A)(4) of that section;
(5)(3) An individual whose name in the poll list or signature
pollbook has been marked under section 3509.09 or 3511.13 of the
Revised Code as having requested an absent voter's ballot or an
armed service absent voter's ballot for that election and who
appears to vote at the polling place;
(6) An individual whose notification of registration has been
returned undelivered to the board of elections and whose name in
the official registration list and in the poll list or signature
pollbook has been marked under division (C)(2) of section 3503.19
of the Revised Code;
(7) An individual who is challenged under section 3505.20 of
the Revised Code and the election officials determine that the
person is ineligible to vote or are unable to determine the
person's eligibility to vote;
(8) An individual whose application or challenge hearing has
been postponed until after the day of the election under division
(D)(1) of section 3503.24 of the Revised Code;
(9) An individual who changes the individual's name and
remains within the precinct, moves from one precinct to another
within a county, moves from one precinct to another and changes
the individual's name, or moves from one county to another within
the state, and completes and signs the required forms and
statements under division (B) or (C) of section 3503.16 of the
Revised Code;
(10) An individual whose signature, in the opinion of the
precinct officers under section 3505.22 of the Revised Code, is
not that of the person who signed that name in the registration
forms;
(11) An individual who is challenged under section 3513.20 of
the Revised Code who refuses to make the statement required under
that section, who a majority of the precinct officials find lacks
any of the qualifications to make the individual a qualified
elector, or who a majority of the precinct officials find is not
affiliated with or a member of the political party whose ballot
the individual desires to vote;
(12) An individual who does not have any of the forms of
identification required under division (A)(1) of section 3505.18
of the Revised Code, who cannot provide the last four digits of
the individual's social security number under division (A)(2) of
that section because the person does not have a social security
number, and who declines to execute an affirmation as permitted
under division (A)(4) of that section;
(13) An individual who has but declines to provide to the
precinct election officials any of the forms of identification
required under division (A)(1) of section 3501.18 of the Revised
Code or who has a social security number but declines to provide
to the precinct election officials the last four digits of the
individual's social security number
(4) Any person who is not, at the time the person appears to
vote, eligible to cast a regular or absent voter's
ballot.
(B) Notwithstanding any provision of the Revised Code to the
contrary, no person who is deemed ineligible to cast a regular
ballot shall be denied, for any reason, the opportunity to cast a
provisional ballot under this section at any polling location.
(C) An individual who is eligible to cast a provisional
ballot under division divisions (A) and (B) of this section shall
be permitted to
cast a provisional ballot as follows:
(1) An election official at the polling place shall notify
the individual that the individual may cast a provisional ballot
in that election.
(2) The individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of a written
affirmation by the individual before an election official at the
polling place stating that the individual is both of the
following:
(a) A registered voter in the jurisdiction in which the
individual desires to vote;
(b) Eligible to vote in that election.
(3) An election official shall provide the individual with a
provisional ballot envelope containing the affirmation required
under section 3505.182 of the Revised Code.
(3) The individual shall complete the voter's portion of the
affirmation. If the individual is unable to physically complete
the voter's portion of the affirmation, an election official shall
complete the voter's portion of the affirmation for the individual
at the direction of the individual.
(4) The election official shall review the affirmation to
determine if the voter's portion of the affirmation has been
completed. If the election official finds that the voter's portion
of the affirmation has been completed, the election official shall
provide the individual with a provisional ballot. If the election
official finds that the voter's portion of the affirmation has not
been completed, the official shall direct the individual to
properly
complete the affirmation. If the individual refuses to
complete the
affirmation, the election official shall do all of
the following:
(a) Write the individual's name on the affirmation in the
space
for the individual's name;
(b) Indicate on the affirmation form that the individual
refused
to complete the affirmation;
(c) Notify the individual that the provisional ballot will
only be
counted if the individual signs the affirmation;
(d) Provide the individual with a provisional ballot.
(5) The voter shall place the voted provisional ballot in the
completed envelope, seal the envelope, and return the envelope to
the election official.
(6) An election official at the polling place shall transmit
the voter's sealed provisional ballot cast by the individual, the
voter information
contained
in the written affirmation executed
by the individual
under
division (B)(2) of this section, or the
individual's name
if the
individual declines to execute such an
affirmation envelope to an
appropriate local election official
for verification under
division (B)(4) of this section section
3505.183 of the Revised Code.
(4) If the appropriate local election official to whom the
ballot or voter or address information is transmitted under
division (B)(3) of this section determines that the individual is
eligible to vote, the individual's provisional ballot shall be
counted as a vote in that election.
(5)(7)(a) At the time that an individual casts a provisional
ballot, the appropriate local election official shall give the
individual written information that states that any individual who
casts a provisional ballot will be able to ascertain under the
system established under division (B)(5)(C)(7)(b) of this section
whether the vote was counted, and, if the vote was not counted,
the reason that the vote was not counted.
(b) The appropriate state or local election official shall
establish a free access system, in the form of a toll-free
telephone number, that any individual who casts a provisional
ballot may access to discover whether the vote of that individual
was counted, and, if the vote was not counted, the reason that the
vote was not counted. The free access system established under
this division also shall provide to an individual whose
provisional ballot was not counted information explaining how that
individual may contact the board of elections to register to vote
or to resolve problems with the individual's voter registration.
The appropriate state or local election official shall
establish and maintain reasonable procedures necessary to protect
the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free
access system established under this division. Access to
information about an individual ballot shall be restricted to the
individual who cast the ballot.
(6) If, at the time that an individual casts a provisional
ballot, the individual provides identification in the form of a
current and valid photo identification, a military identification,
or a copy of a
current utility bill, bank statement, government
check, paycheck,
or other government document, other than a
notice of an election
mailed by a board of elections under
section 3501.19 of the
Revised Code or a notice of voter
registration mailed by a board
of elections under section 3503.19
of the Revised Code, that shows
the individual's name and current
address, or provides the last
four digits of the individual's
social security number, or
executes an affirmation that the
elector does not have any of
those forms of identification or the
last four digits of the
individual's social security number
because the individual does
not have a social security number, or
declines to execute such an
affirmation, the appropriate local
election official shall record
the type of identification
provided, the social security number
information, the fact that
the affirmation was executed, or the
fact that the individual
declined to execute such an affirmation
and include that
information with the transmission of the ballot
or voter or
address information under division (B)(3) of this
section. If the
individual declines to execute such an
affirmation, the
appropriate local election official shall record
the individual's
name and include that information with the
transmission of the
ballot under division (B)(3) of this section.
(7) If an individual casts a provisional ballot pursuant to
division (A)(3), (7), (8), (12), or (13) of this section, the
election official shall indicate, on the provisional ballot
verification statement required under section 3505.182 of the
Revised Code, that the individual is required to provide
additional information to the board of elections or that an
application or challenge hearing has been postponed with respect
to the individual, such that additional information is required
for the board of elections to determine the eligibility of the
individual who cast the provisional ballot.
(8) During the ten days after the day of an election, an
individual who casts a provisional ballot pursuant to division
(A)(3), (7), (12), or (13) of this section shall appear at the
office of the board of elections and provide to the board any
additional information necessary to determine the eligibility of
the individual who cast the provisional ballot.
(a) For a provisional ballot cast pursuant to division
(A)(3), (12), or (13) of this section to be eligible to be
counted, the individual who cast that ballot, within ten days
after the day of the election, shall do any of the following:
(i) Provide to the board of elections proof of the
individual's identity in the form of a current and valid photo
identification, a military identification, or a copy of a current
utility bill,
bank statement, government check, paycheck, or
other government
document, other than a notice of an election
mailed by a board of
elections under section 3501.19 of the
Revised Code or a notice of
voter registration mailed by a board
of elections under section
3503.19 of the Revised Code, that
shows the individual's name and
current address;
(ii) Provide to the board of elections the last four digits
of the individual's social security number;
(iii) In the case of a provisional ballot executed pursuant
to division (A)(12) of this section, execute an affirmation as
permitted under division (A)(4) of section 3505.18 of the Revised
Code.
(b) For a provisional ballot cast pursuant to division (A)(7)
of this section to be eligible to be counted, the individual who
cast that ballot, within ten days after the day of that election,
shall provide to the board of elections any identification or
other documentation required to be provided by the applicable
challenge questions asked of that individual under section 3505.20
of the Revised Code.
(C)(D)(1) If an individual declares that the individual is
eligible to vote in a jurisdiction other than the jurisdiction in
which the individual desires to vote, or if, upon review of the
precinct voting location guide using the residential street
address provided by the individual, an election official at the
polling place at which the individual desires to vote determines
that the individual is not eligible registered to vote in that
jurisdiction precinct,
the election official shall direct the
individual to the polling
place for the jurisdiction precinct in
which the individual appears to be
eligible registered to vote,
explain that the individual may cast a
provisional ballot at the
current location but the ballot will not
be counted if it is cast
in the wrong precinct county, and provide
the
telephone number
of the board of elections in case the
individual
has additional
questions.
(2) If the individual refuses to travel to the polling place
for the correct jurisdiction or to the office of the board of
elections to cast a ballot, the individual shall be permitted to
vote a provisional ballot at that jurisdiction in accordance with
division (B)(C) of this section. If any of the following apply,
the
provisional ballot cast by that individual shall not be
opened or
counted:
(a) The individual is not properly registered in that
jurisdiction.
(b) The individual is not eligible to vote in that election
in that jurisdiction.
(c) The individual's eligibility to vote in that jurisdiction
in that election cannot be established upon examination of the
records on file with the board of elections.
(D)(E) The appropriate local election official shall cause
voting information to be publicly posted at each polling place on
the day of each election.
(E)(F) The secretary of state shall prescribe the form and
content of provisional ballot envelopes.
The provisional ballot
envelopes prescribed under this division
shall include the
affirmation required by section 3505.182 of the
Revised Code.
The provisional ballot envelopes used
by each board of
elections in conducting provisional voting within
a county shall
conform to the form and content prescribed by the
secretary of
state under this division.
(G) As used in this section and sections 3505.182 and
3505.183 of the Revised Code:
(1) "Jurisdiction" means the precinct county in which a
person is a
legally qualified elector.
(2) "Precinct voting location guide" means either of the
following:
(a) An electronic or paper record that lists the correct
jurisdiction precinct and polling place for either each specific
residential street address in the county or the range of
residential street addresses located in each neighborhood block in
the county;
(b) Any other method that a board of elections creates that
allows a precinct election official or any elector who is at a
polling place in that county to determine the correct jurisdiction
precinct
and polling place of any qualified elector who resides in
the
county.
(3) "Voting information" means all of the following:
(a) A sample version of the ballot that will be used for that
election;
(b) Information regarding the date of the election and the
hours during which polling places will be open;
(c) Instructions on how to vote, including how to cast a vote
and how to cast a provisional ballot;
(d) Instructions for mail-in registrants and first-time
voters under applicable federal and state laws;
(e) General information on voting rights under applicable
federal and state laws, including information on the right of an
individual to cast a provisional ballot and instructions on how to
contact the appropriate officials if these rights are alleged to
have been violated;
(f) General information on federal and state laws regarding
prohibitions against acts of fraud and misrepresentation.
(4) The "signature" of an individual on a provisional voter's
affirmation includes all of the following:
(a) An individual's mark attested by an election official who
shall write the individual's name on the affirmation and sign the
election official's name as a witness to the mark, if the
individual is unable to physically sign the affirmation;
(b) The attestation of two election officials who shall write
the individual's name on the affirmation and sign the election
officials' names, if the individual is unable to physically make
any mark; and
(c) The signature of an attorney in fact made pursuant to
section 3501.382 of the Revised Code.
Sec. 3505.182. Each individual who casts a provisional
ballot under section 3505.181 of the Revised Code shall execute a
written affirmation. The form of the written affirmation shall be
printed upon the face of the provisional ballot envelope and The
secretary of state shall prescribe the form and content of a
provisional voter's affirmation, which shall
be substantially as
follows:
"Provisional Ballot Voter's Affirmation
TO BE COMPLETED BY PROVISIONAL BALLOT VOTER
Voter's Provisional Ballot Affirmation
Please review the following statement and sign.
Your provisional ballot will be counted only if you sign this
affirmation.
"I, .................... (Name of provisional voter),
solemnly
swear or affirm that I am a registered voter in the
jurisdiction
in which county where I am voting offering to vote
this
provisional ballot and that I am
eligible to vote in the
election
in which I am voting this
provisional ballot.
I understand that, if the above-provided information is not
fully completed and correct, if the board of elections determines
that I am not registered to vote, a resident of this precinct, or
eligible to vote in this election, or if the board of
elections
determines that I have already voted in this election,
my
provisional ballot will not be counted. I further understand
that
knowingly providing false information is a violation of law
and
subjects me to possible criminal prosecution.
I hereby declare, under penalty of election falsification,
that the above statements are true and correct to the best of my
knowledge and belief."
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(Signature of Voter) |
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(Voter's date of birth) |
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The last four digits of the voter's social security number |
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(To be provided if the voter is unable to provide a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address but is able to provide these last four digits) |
SIGNATURE OF VOTER (required):.............................
PRINT FIRST AND LAST NAME:.................................
ADDRESS: ..................................................
WHOEVER COMMITS ELECTION FALSIFICATION IS GUILTY OF A FELONY
OF THE FIFTH DEGREE.
Additional Information For Determining Ballot Validity
(May be completed at voter's discretion)
Voter's current address: |
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Voter's former address if photo identification does not contain voter's current address |
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Voter's driver's license number or, if not provided above, the last four digits of voter's social security number |
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(Please circle number type) |
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(Voter may attach a copy of any of the following for identification purposes: a current and valid photo identification, a military identification, or a current utility bill, bank statement, government check, paycheck, or other government document, other than a notice of an election mailed by a board of elections under section 3501.19 of the Revised Code or a notice of voter registration mailed by a board of elections under section 3503.19 of the Revised Code, that shows the voter's name and current address.) |
Reason for voting provisional ballot (Check one): |
..... Requested, but did not receive, absent voter's ballot |
..... Other |
Verification Statement
(To be completed by election official)
OPTIONAL VOTER REGISTRATION OR UPDATE
The following optional information may be helpful for the
board of elections in processing your provisional ballot. However,
none of the following information may be the only reason for
invalidating your provisional ballot.
Name: ................................................
Address: .............................................
Date of birth: .......................................
Ohio driver's license number: ........................
Last four digits of your Social Security Number ......
Are you a United States citizen? YES/NO (circle one)
Will you be at least eighteen years of age on or before the
next general election? YES/NO (circle one)
For identification purposes, you may attach a copy of either
a current and valid photo identification or a copy of any two
current and valid items that list your name in a manner that
substantially conforms to your name on the voter registration list
and that are from a nonprofit organization, an institution, a
business, or a government entity.
TO BE COMPLETED BY ELECTION OFFICIAL AFTER VOTER RETURNS BALLOT
The following must be completed by the election official
assisting the voter with the provisional ballot.
REASON THE VOTER RECEIVED A PROVISIONAL BALLOT (check one):
..... Previously requested an absent voter's ballot or a
regular ballot
..... Name does not appear in the pollbook or poll list
..... Did not present valid identification
The Provisional Ballot Voter's Affirmation printed above was
subscribed and affirmed before me this .......... day of
.......... (Month), .......... (Year).
(If applicable, the election official must check the
following true statement concerning additional information needed
to determine the eligibility of the provisional voter.)
...... The provisional voter is required to provide
additional information to the board of elections.
...... An application or challenge hearing regarding this
voter has been postponed until after the election.
(The election official must check the following true
statement concerning identification provided by the provisional
voter, if any.)
...... The provisional voter provided a current and valid
photo identification.
...... The provisional voter provided a current valid photo
identification, other than a driver's license or a state
identification card, with the voter's former address instead of
current address and has provided the election official both the
current and former addresses.
...... The provisional voter provided a military
identification or
a copy of a current utility bill, bank
statement, government
check, paycheck, or other government
document, other than a notice
of an election mailed by a board of
elections under section
3501.19 of the Revised Code or a notice
of voter registration
mailed by a board of elections under
section 3503.19 of the
Revised Code, with the voter's name and
current address.
...... The provisional voter provided the last four digits of
the voter's social security number.
...... The provisional voter is not able to provide a current
and valid photo identification, a military identification, or a
copy of a current
utility bill, bank statement, government check,
paycheck, or other
government document, other than a notice of an
election mailed by
a board of elections under section 3501.19 of
the Revised Code or
a notice of voter registration mailed by a
board of elections
under section 3503.19 of the Revised Code,
with the voter's name
and current address but does have one of
these forms of
identification. The provisional voter must provide
one of the
foregoing items of identification to the board of
elections within
ten days after the election.
..... The provisional voter is not able to provide a current
and valid photo identification, a military identification, or a
copy of a current
utility bill, bank statement, government check,
paycheck, or other
government document, other than a notice of an
election mailed by
a board of elections under section 3501.19 of
the Revised Code or
a notice of voter registration mailed by a
board of elections
under section 3503.19 of the Revised Code,
with the voter's name
and current address but does have one of
these forms of
identification. Additionally, the provisional
voter does have a
social security number but is not able to
provide the last four
digits of the voter's social security
number before voting. The
provisional voter must provide one of
the foregoing items of
identification or the last four digits of
the voter's social
security number to the board of elections
within ten days after
the election.
..... The provisional voter does not have a current and valid
photo identification, a military identification, a copy of a
current utility
bill, bank statement, government check, paycheck,
or other
government document with the voter's name and current
address, or
a social security number, but has executed an
affirmation.
..... The provisional voter does not have a current and valid
photo identification, a military identification, a copy of a
current utility
bill, bank statement, government check, paycheck,
or other
government document with the voter's name and current
address, or
a social security number, and has declined to execute
an
affirmation.
..... The provisional voter declined to provide a current and
valid photo identification, a military identification, a copy of a
current utility
bill, bank statement, government check, paycheck,
or other
government document with the voter's name and current
address, or
the last four digits of the voter's social security
number but
does have one of these forms of identification or a
social
security number. The provisional voter must provide one of
the
foregoing items of identification or the last four digits of
the
voter's social security number to the board of elections
within
ten days after the election.
I have notified the voter that the voter MUST/MUST NOT
(circle one) provide additional information to the board of
elections within 10 days after Election Day for this provisional
ballot to be counted.
(LIST INFORMATION TO BE PROVIDED, if applicable: .....)
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(Signature of Election Official)" |
In addition to any information required to be included on the
written affirmation, an An individual casting a provisional ballot
may provide additional information to the election official to
assist the board of elections in determining the individual's
eligibility to vote in that election, including the date and
location at which the individual registered to vote, if known. Any
information so provided shall not be the sole basis for
invalidating the individual's provisional ballot.
If the individual declines to execute the affirmation, an
appropriate local election official shall comply with division
(B)(6) of section 3505.181 of the Revised Code.
Sec. 3505.183. (A) When the ballot boxes are delivered to
the board of elections from the precincts, the board shall
separate the provisional ballot envelopes from the rest of the
ballots. Teams of employees of the board consisting of one member
of each major political party shall place the sealed provisional
ballot envelopes in a secure location within the office of the
board. The sealed provisional ballot envelopes shall remain in
that secure location until the validity of those ballots is
determined under division (B) of this section. While the
provisional ballot is stored in that secure location, and prior to
the counting of the provisional ballots, if the board receives
information regarding the validity of a specific provisional
ballot under division (B) of this section, the board may shall
note, on
the sealed provisional ballot envelope for that ballot,
whether
the ballot is valid and entitled to be counted.
(B)(1) To determine In determining whether a provisional
ballot is valid
and
entitled to be counted, the board shall
examine its registration records
and
determine whether the
individual who cast the provisional
ballot
is registered and
eligible to vote in the applicable
election. The
board shall
examine the information contained in
the written
affirmation
executed by the individual who cast the
provisional
ballot under
division (B)(2) of section 3505.181 of
the Revised
Code. If the
individual declines to execute such an
affirmation,
the
individual's name, written by either the
individual or the
election official at the direction of the
individual, shall be
included in a written affirmation in order
for the provisional
ballot to be eligible to be counted;
otherwise, the following
information shall be included in the
written affirmation in order
for the provisional ballot to be
eligible to be counted:
(a) The individual's name and signature;
(b) A statement that the individual is a registered voter in
the jurisdiction in which the provisional ballot is being voted;
(c) A statement that the individual is eligible to vote in
the election in which the provisional ballot is being voted.
(2)
In addition to the information required to be included in
an affirmation under division (B)(1) of this section, in
determining whether a provisional ballot is valid and entitled to
be counted, the board also shall examine any additional
information for determining ballot validity provided by the
provisional voter on the affirmation, provided by the provisional
voter to an election official under section 3505.182 of the
Revised Code, or provided to the board of elections during the ten
days after the day of the election under division (B)(8) of
section 3505.181 of the Revised Code, to assist the board in
determining the individual's eligibility to vote.
(3)(2) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of
this
section, the board determines that all of the following
apply,
the
provisional ballot envelope shall be opened, and the
ballot
shall
be placed in a ballot box to be counted:
(a) The individual's signature appears on the affirmation.
(b) The individual named on the affirmation is properly
registered to vote.
(b)(c) The individual named on the affirmation is eligible to
cast a ballot in the precinct and for the election in which the
individual cast the provisional ballot.
(c) The individual provided all of the information required
under division (B)(1) of this section in the affirmation that the
individual executed at the time the individual cast the
provisional ballot.
(d) If applicable, the individual provided any additional
information required under division (B)(8) of section 3505.181 of
the Revised Code within ten days after the day of the election.
(e) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election resulted in the individual's inclusion in the official
registration list.
(4)(a)(3) If, in examining a provisional ballot affirmation
and
additional information under divisions (B)(1) and (2) of this
section, the board determines that any of the following applies,
the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i)(a) The individual's signature does not appear on the
affirmation.
(b) The individual named on the affirmation is not qualified
to vote or is not properly registered to vote.
(ii) The individual named on the affirmation is not eligible
to cast a ballot in the precinct or for the election in which the
individual cast the provisional ballot.
(iii) The individual did not provide all of the information
required under division (B)(1) of this section in the affirmation
that the individual executed at the time the individual cast the
provisional ballot.
(iv)(c) The individual has already cast a ballot for the
election in which the individual cast the provisional ballot.
(v) If applicable, the individual did not provide any
additional information required under division (B)(8) of section
3505.181 of the Revised Code within ten days after the day of the
election.
(vi) If applicable, the hearing conducted under division (B)
of section 3503.24 of the Revised Code after the day of the
election did not result in the individual's inclusion in the
official registration list.
(vii) The individual failed to provide a current and
valid
photo identification, a military identification, a copy
of a
current utility
bill, bank statement, government check,
paycheck,
or other
government document, other than a notice of
an election
mailed by
a board of elections under section 3501.19
of the
Revised Code or
a notice of voter registration mailed by
a board
of elections
under section 3503.19 of the Revised Code,
with the
voter's name
and current address, or the last four
digits of the
individual's
social security number or to execute
an affirmation
under division
(A) of section 3505.18 or division
(B) of section
3505.181 of the
Revised Code.
(b) If, in examining a provisional ballot affirmation and
additional information under divisions (B)(1) and (2) of this
section, the board is unable to determine either of the following,
the provisional ballot envelope shall not be opened, and the
ballot shall not be counted:
(i) Whether the individual named on the affirmation is
qualified or properly registered to vote;
(ii) Whether the individual named on the affirmation is
eligible to cast a ballot in the precinct or for the
election in
which the individual cast the provisional ballot.
(C) If, in examining a provisional ballot affirmation and
additional information that may have been provided by the
provisional voter, the
board determines that the individual named
on the affirmation is
a qualified elector but that the individual
is registered
to vote in a different precinct than the precinct
in which the
individual cast the provisional ballot, the board
shall remake the
provisional ballot on a ballot for the
appropriate precinct to
reflect the offices, questions, and
issues for which the
provisional voter was eligible to cast a
ballot and for which the
provisional voter attempted to cast a
provisional ballot. The
remade ballot shall be counted for each
office, question, and
issue for which the provisional voter was
eligible to vote.
(D)(1) For each provisional ballot rejected under division
(B)(4)(3) of this section, the board shall record the name of the
provisional voter who cast the ballot, the identification number
of the provisional ballot envelope, the names of the election
officials who determined the validity of that ballot, the date and
time that the determination was made, and the reason that the
ballot was not counted.
(2) Provisional ballots that are rejected under division
(B)(4)(3) of this section shall not be counted but shall be
preserved
in their provisional ballot envelopes unopened until
the time
provided by section 3505.31 of the Revised Code for the
destruction of all other ballots used at the election for which
ballots were provided, at which time they shall be destroyed.
(D)(E) Provisional ballots that the board determines are
eligible to be counted under division (B)(3)(2) of this
section
shall
be counted in the same manner as provided for other
ballots under
section 3505.27 of the Revised Code. No provisional
ballots shall
be counted in a particular county until the board
determines the
eligibility to be counted of all provisional
ballots cast in that
county under division (B) of this section
for that election.
Observers, as provided in section 3505.21 of
the Revised Code, may
be present at all times that the board is
determining the
eligibility of provisional ballots to be counted
and counting
those provisional ballots determined to be eligible.
No person
shall recklessly disclose the count or any portion of
the count of
provisional ballots in such a manner as to
jeopardize the secrecy
of any individual ballot.
(E)(F)(1) Except as otherwise provided in division (E)(F)(2)
of
this section, nothing in this section shall prevent a board of
elections from examining provisional ballot affirmations and
additional information under divisions division (B)(1) and (2) of
this
section to determine the eligibility of provisional ballots
to be
counted during the ten days after the day of an election.
(2) A board of elections shall not examine the provisional
ballot affirmation and additional information under divisions
(B)(1) and (2) of this section of any provisional ballot for which
an election official has indicated under division (B)(7) of
section 3505.181 of the Revised Code that additional information
is required for the board of elections to determine the
eligibility of the individual who cast that provisional ballot
until the individual provides any information required under
division (B)(8) of section 3505.181 of the Revised Code, until any
hearing required to be conducted under section 3503.24 of the
Revised Code with regard to the provisional voter is held, or
until vote not earlier than the eleventh day after the day of the
election, whichever is
earlier to certify the validity of any
provisional ballot.
Sec. 3505.20. (A) Any person offering to vote may be
challenged at the polling place by any judge of
elections on any
of the following grounds:
(1) That the person is not a citizen of the United States;
(2) That the person is not a resident of the precinct in
which the person offers to vote;
(3) That the person is not eighteen years of age or older;
(4) That the person is not a qualified elector for that
election.
Challenges shall be made
only if the challenger knows or
reasonably believes
that the challenged elector is not qualified
and entitled to vote.
If the board of elections has ruled on the
question
presented by a
challenge prior to election day, its
finding and
decision shall be
final, and the presiding judge
shall be notified
in writing, and
the judges of elections shall
not challenge the elector on that
ground. If the board has not
ruled, the question shall be
determined as set forth in this
section. If any person is so
challenged as unqualified to vote,
the presiding judge shall
tender the person the following oath:
"You do swear or
affirm
under penalty of election falsification
that you
will fully and
truly answer all of the following
questions put to
you concerning
your qualifications as
an elector
at this election."
(A)(B) If the person is challenged as unqualified on the
ground that the person is not a citizen, the judges shall put
the
following questions:
(1) question, "Are you a citizen of the United States?
(2) Are you a native or naturalized citizen?
(4) What official documentation do you possess to prove your
citizenship? Please provide that documentation."
If the person offering to vote claims to be a naturalized
citizen of the United States, the person shall, before the
vote is
received, produce for inspection of the judges a
certificate of
naturalization and declare under oath that the
person is the
identical person named in the certificate. If the person
states
under
oath that, by
reason of the naturalization of the person's
parents or one
of them, the person has become a citizen of the
United
States, and when or where the person's parents were
naturalized, the certificate of naturalization need
not be
produced. If the person is unable to provide a certificate of
naturalization on the day of answers in the affirmative, the
challenge shall be denied. If the judges are unable to verify the
person's eligibility to cast a ballot in the election, the judges
shall
provide to the person, and the person may vote, a
provisional
ballot under section 3505.181 of the Revised Code.
The provisional
ballot shall not be counted unless it is properly
completed and
the board of elections determines that the voter is
properly
registered and eligible to vote in the election.
(B) If the person is challenged as unqualified on the
ground
that the person has not resided in this state for
thirty
days
immediately preceding the election, the judges shall put the
following questions:
(1) Have you resided in this state for thirty days
immediately preceding this election? If so, where have
you
resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing
your current mailing address in this precinct? Please provide that
identification.
(4) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any
state for this election?
If the judges are unable to verify the person's eligibility
to cast a ballot in the election, the judges shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
(C) If the person is challenged as unqualified on the
ground
that the person is not a resident of the
precinct where
the
person offers to vote, the judges shall put the following
questions:
(1) Do you reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a
temporary purpose merely or for the purpose of making it your
home?
(4) What is your current mailing address?
(5) Do you have some official identification containing your
current address in this precinct? Please provide that
identification.
(6) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(7) Have you applied for any absent voter's ballot in any
state for this election?
The judges shall direct an individual who is not in the
appropriate polling place to the appropriate polling place. If the
individual refuses to go to the appropriate polling place, or if
the judges are unable to verify the person's eligibility to cast a
ballot in the election, the judges shall provide to the person,
and the person may vote, a provisional ballot under section
3505.181 of the Revised Code. The provisional ballot shall not be
counted unless it is properly completed and the board of elections
determines that the voter is properly registered and eligible to
vote in the election.
(D) If the person is challenged as unqualified on the
ground
that the person is not of legal voting age, the judges
shall put
the following questions:
(1) Are you eighteen years of age or more?
(2) What is your date of birth?
(3) Do you have some official identification verifying your
age? Please provide that identification.
If the judges are unable to verify the person's age and
eligibility to cast a ballot in the election, the judges shall
provide to the person, and the person may vote, a provisional
ballot under section 3505.181 of the Revised Code. The provisional
ballot shall not be counted unless it is properly completed and
the board of elections determines that the voter is properly
registered and eligible to vote in the election.
The presiding judge shall put such other questions to the
person challenged as are necessary to determine the person's
qualifications as an
elector at the election. If a person
challenged refuses to
answer fully any question put to the person,
is unable to
answer the
questions as they were answered on the
registration form by the
person under whose name the person offers
to vote, or refuses to
sign the person's name or make the
person's
mark, or if for any other reason a majority of
the judges believes
the person is not entitled to vote, the
judges shall
provide to
the person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code. The provisional ballot shall
not be counted unless it is properly completed and the board of
elections determines that the voter is properly registered and
eligible to vote in the election.
(E) If the person is challenged as unqualified on the ground
that the person is not a qualified elector for the applicable
election, the judges shall put the following questions:
(1) Have you resided in this state for thirty days
immediately preceding the day of this election? If so, where have
you resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing
your current mailing address in this precinct? Please provide that
identification.
(4) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any
state for this election?
If the judges are unable to verify the person's eligibility
to cast a ballot in the election, the judges shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code.
(F) A qualified citizen who has certified the citizen's
intention to
vote
for president and vice-president as provided by
Chapter 3504. of
the Revised Code shall be eligible to receive
only the ballot
containing for presidential and vice-presidential
candidates.
However, prior to the nineteenth day before the day of an
election and in accordance
with section 3503.24 of the Revised
Code, any person qualified to
vote may challenge the right of any
other person to be registered
as a voter, or the right to cast an
absent voter's ballot, or to
make application for such ballot.
Such challenge shall be made
in accordance with section 3503.24 of
the Revised Code, and the
board of elections of the county in
which the voting residence of
the challenged voter is situated
shall make a final determination
relative to the legality of such
registration or application.
Sec. 3505.21. (A) As used in this section, "during the
casting of the ballots" includes any time during which a board of
elections permits an elector to receive, complete, and return an
absent voter's ballot in
person at the office of the board or at
another site designated by
the board under division (C) of
section 3501.10 of the Revised
Code and any time ballots may be
cast in a precinct polling place
on the day of an election.
(B) At any primary, special, or general
election, any
political party supporting candidates to be voted
upon at such
election and any group of five or more candidates
may appoint to
the board of elections or to any of the precincts in the county or
city
one person, a qualified elector, who shall serve as observer
for such party or such candidates during the casting of the
ballots and during the counting of the ballots; provided that
separate observers may be appointed to serve during the casting
and during the counting of the ballots. No candidate, no uniformed
peace officer as defined by
section 2935.01 of the Revised Code,
no uniformed state highway
patrol trooper, no uniformed member of
any fire department, no
uniformed member of the armed services, no
uniformed member of
the organized militia, no person wearing any
other uniform, and no
person carrying a firearm or other deadly
weapon shall serve as an observer, nor shall any candidate be
represented by
more than one observer at any one precinct or other
voting location
except that a candidate who is a member of a party
controlling
committee, as defined in section 3517.03 of the
Revised Code, may
serve as an observer. Any
(C) Any political party or group
of candidates appointing
observers shall notify
the board of elections of the names and
addresses of its
appointees and the precincts each precinct or
other location at which they shall serve.
Notification of
observers appointed to serve on the day of an election shall take
place not less than eleven days before
the day of the election on
forms prescribed by the secretary of state and
may be amended by
filing an amendment with the board of elections
at any time until
four p.m. of the day before the election. Notification of
observers appointed to serve at the office of the board or at
another location during the time absent voter's ballots may be
cast in person shall take place not less than eleven days before
absent voter's ballots are required to be ready for use pursuant
to section 3509.01 of the Revised Code on forms prescribed by the
secretary of state and may be amended by filing an amendment with
the board of elections at any time until four p.m. of the day
before the observer is appointed to serve. The
observer serving on
behalf of a political party
shall be appointed in writing by the
chairperson and
secretary of
the respective controlling party
committee. Observers serving for any five or more candidates shall
have
their certificates signed by those candidates. Observers
appointed to a precinct may file their certificates of appointment
with the presiding judge of the precinct at the meeting on the
evening prior to the election, or with the presiding judge of the
precinct on the day of the election. Upon Observers appointed to
the office of the board or another designated location to observe
the
casting of absent voter's ballots in person prior to the day
of
the election may file their certificates with the director of
the
board of elections, or, if pursuant to division (C) of
section 3501.10 of the Revised Code the board has designated one
or more other locations in the county at which registered electors
may vote, with the election officials at such other location,
whichever is appropriate, on the day that the observers
are
scheduled to serve at the office of the board or other
designated
location.
Upon the filing of a
certificate, the person named as
observer in the certificate shall be
permitted to be in and about
the applicable polling place for the precinct during the casting
of the ballots and shall be permitted to watch every proceeding
of
the judges of elections from the time of the
opening until the
closing of the polls. The observer also may inspect the counting
of all ballots in the polling place or board of elections
from the
time of the closing of the polls until the counting is
completed
and the final returns are certified and signed. Observers
appointed to serve at the board of elections on the day of an
election under this section may observe at the board of elections
and may observe at any precinct in the county. The
judges of
elections shall protect such observers
in all of the rights and
privileges granted to them by Title XXXV
of the Revised Code.
(D) No persons other than the judges of elections,
the
observers, a police officer, other persons who are detailed
to any
precinct on request of the board of elections, or the
secretary of
state or the secretary of state's legal
representative shall be
admitted
to the polling place, or any room in which a board of
elections is counting ballots, after the closing of the polls
until the
counting, certifying, and signing of the final returns
of each
election have been completed.
(E) Not later than four p.m. of the twentieth day prior to an
election at which
questions are to be submitted to a vote of the
people, any
committee that in good faith advocates or opposes a
measure may
file a petition an application with the board of any
county asking
that the
petitioners applicants be recognized as
the committee entitled to
appoint
observers to the count at the
election. If more than one
committee alleging themselves to
advocate or oppose the same
measure file such a petition an
application, the board shall decide and announce
by registered
mail to notify each committee not less than twelve days
immediately preceding the election which committee is recognized
as being entitled to
appoint observers. The decision shall not be
final, but
any aggrieved party may institute mandamus proceedings
in the
court of common pleas of the county in which the board has
jurisdiction to compel the judges of elections to accept the
appointees of such aggrieved party. Any such recognized
committee
may appoint an observer to the count in
each precinct. Committees
appointing observers
shall notify the board of elections of the
names and addresses of
its appointees and the precincts at which
they shall serve.
Notification shall take place not less than
eleven days before
the election on forms prescribed by the
secretary of state and
may be amended by filing an amendment with
the board of elections
at any time until four p.m. on the day
before the election. A
person so appointed shall file the person's
certificate of
appointment
with the presiding judge in the
precinct in which the person
has been
appointed to serve.
Observers shall file their certificates
before the polls are
closed. In no case shall more than six four observers for such
recognized committees be appointed for
any one election
in any
one precinct. If more than three two questions
are to be
voted
on, the committees which have appointed observers
may agree upon
not to exceed six four observers, and the judges of
elections
shall appoint such
observers. If such committees fail to
agree,
the
judges of elections shall appoint six four observers from
the
appointees so certified, in such manner that
each side of the
several questions shall be represented.
(F) No person shall serve as an observer at any
precinct or
other voting location unless the board of elections of the county
in
which such observer is to serve has first been
notified of the
name, address, and precinct or other location at which such
observer is to serve. Notification to the board of
elections shall
be given by the political party, group of
candidates, or committee
appointing such observer as
prescribed in this section. No such
observers
shall receive any compensation from the county,
municipal
corporation, or township, and they shall take the
following oath,
to be administered by one of the judges of
elections:
"You do solemnly swear that you will faithfully and
impartially discharge the duties as an official observer, assigned
by law; that you will not cause any delay to
persons offering to
vote; and
that you will not disclose or communicate to any person
how any
elector has voted at such election."
(G)(1) An observer who serves during the casting of the
ballots shall only be permitted to do the following:
(a) Watch and listen to the activities conducted by the
precinct election officials and the interactions between precinct
election officials and voters, as long as the precinct election
officials are not delayed in performing the officials' prescribed
duties and voters are not delayed in casting their ballots;
(b) Document the observer's observations.
(2)(a) No observer who serves during the casting of the
ballots
shall interact
with any
voter while the observer is
inside the polling place,
within the
area between the polling
place and the small flags of
the United
States placed on the
thoroughfares and walkways
leading to the
polling place, or
within ten feet of any elector
in line waiting
to vote, if the
line of electors waiting to vote
extends beyond
those small
flags.
(b) An observer does not violate division (G)(2)(a) of this
section as a result of an incidental interaction with a voter,
such as an exchange of greetings or directing a voter to an
election official.
Sec. 3505.23. No voter shall be allowed to occupy a voting
compartment or use a voting machine more than five minutes when
all the voting compartments or machines are in use and voters are
waiting to occupy them. Except as otherwise provided by section
3505.24 of the Revised Code, no voter shall occupy a voting
compartment or machine with another person or speak to anyone,
nor
shall anyone speak to the voter, while the
voter is in a voting
compartment or machine.
In precincts that do not use voting machines the following
procedure shall be followed:
If a voter tears, soils, defaces, or erroneously marks a
ballot the voter may return it to the precinct election
officials
and
a second ballot shall be issued to the voter. Before
returning
a torn,
soiled, defaced, or erroneously marked ballot, the voter
shall
fold it so as to conceal any marks the voter made upon it,
but the voter shall
not remove Stub A therefrom. If the voter
tears, soils, defaces,
or erroneously marks such second ballot,
the voter may
return it to the
precinct election officials, and a
third ballot shall be issued to
the voter. In no case shall more
than three ballots be
issued to a
voter. Upon receiving a returned
torn, soiled, defaced, or
erroneously marked ballot the precinct
election officials shall
detach Stub A therefrom, write "Defaced"
on the back of such
ballot, and place the stub and the ballot in
the separate
containers provided therefor.
No elector shall leave the polling place until the elector
returns
to the precinct election officials every ballot issued to
the
elector with Stub A on each ballot attached thereto,
regardless of
whether the elector has or has not placed any marks
upon the
ballot.
Before leaving the voting compartment, the voter shall fold
each ballot marked by the voter so that no part of the face
of the
ballot is visible, and so that the printing thereon indicating
the
kind of ballot it is and the facsimile signatures of the
members
of the board of elections are visible. The voter
shall then
leave
the voting compartment, deliver the voter's ballots,
and state the
voter's name to the judge having charge of the
ballot boxes, who
shall
announce the name, detach Stub A from each ballot, and
announce
the number on the stubs. The judges in charge of
the
poll lists
or poll books shall check to ascertain whether the
number so
announced is the number on Stub B of the ballots issued
to such
voter, and if no discrepancy appears to exist, the judge
in
charge of the ballot boxes shall, in the presence of the voter,
deposit each such ballot in the proper ballot box and shall place
Stub A from each ballot in the container provided therefor. The
voter shall then immediately leave the polling place.
No ballot delivered by a voter to the judge in charge of
the
ballot boxes with Stub A detached therefrom, and only ballots
provided in accordance with Title XXXV of the Revised Code, shall
be voted or deposited in the ballot boxes.
In marking a presidential ballot, the voter shall
record the
vote in the
manner provided on the ballot next to the names of
the
candidates for the offices of president and vice-president. Such
ballot shall be considered and counted as a vote for each of the
candidates for election as presidential elector whose names were
certified to the secretary of state by the political party of
such
nominees for president and vice-president.
In marking an office type ballot or nonpartisan ballot, the
voter shall record the vote in the manner provided on the ballot
next
to the name
of each candidate for whom the
voter desires to
vote.
In marking a primary election ballot, the voter shall record
the
vote in the manner provided on the ballot next to the
name of
each
candidate for whom the voter desires to vote. If the voter
desires to
vote for the nomination of a person whose name is not
printed on
the primary election ballot, the voter may do so by
writing such person's
name on the ballot in the proper place
provided for such purpose.
In marking a questions and issues ballot, the voter shall
record the vote in the
manner provided
on the ballot at the
left
or at the right of "YES" or "NO" or other words of
similar
import
which are printed on the ballot to enable the voter to
indicate
how the voter votes in connection with each question
or issue upon
which the voter desires to vote.
In marking any ballot on which a blank space has been
provided wherein an elector may write in the name of a person for
whom the elector desires to vote, the elector shall write
such
person's
name in such blank space and on no other place on the
ballot.
Unless specific provision is made by statute, no blank
space
shall be provided on a ballot for write-in votes, and any
names
written on a ballot other than in a blank space provided
therefor
shall not be counted or recorded.
Sec. 3505.28. No ballot shall be counted which is marked
contrary to law,
except that no ballot shall be rejected for any
technical error unless it is
impossible to determine the voter's
choice. If two or more ballots are found
folded together among the
ballots removed from a ballot box, they shall be
deemed to be
fraudulent. Such ballots shall not be counted. They shall be
marked "Fraudulent" and shall be placed in an envelope indorsed
"Not Counted"
with the reasons therefor, and such envelope shall
be delivered to the board of elections together with other
uncounted ballots.
No ballot shall be rejected because of being marked with ink
or by any writing
instrument other than one of the pencils
provided by the board of elections.
Sec. 3505.30. When the results of the ballots have been
ascertained, such results shall be embodied in a summary
statement
to be prepared by the judges in
duplicate, on forms provided by
the board of elections. One copy
shall be certified by the judges
and posted on the
front of the polling place, and one copy,
similarly certified,
shall be transmitted without delay to the
board in a sealed
envelope along with the other returns of the
election. The board
shall, immediately upon receipt of such
summary statements,
compile and prepare an unofficial count and
upon its completion
shall transmit prepaid, immediately by
telephone, facsimile machine, or other telecommunications device,
the results of such unofficial count to the secretary
of state, or
to the board of the most populous county of the
district which is
authorized to canvass the returns. Such count,
in no event, shall
be made later than twelve noon on the day
following the election.
The board shall also, at the same time,
certify the results
thereof to the secretary of state by
certified mail. The board
shall remain in session from the
time
of the opening of the polls,
continuously, until the results of
the election are received from
every precinct in the county and
such results are communicated to
the secretary of state.
Sec. 3506.11. The names of all candidates for an office
shall be arranged in a
group under the title of the office and
printed on labels so that they may be
rotated on the voting
machine as provided in section 3505.03 of the Revised
Code. The
title of each office and the name of each candidate shall be
printed flush left and shall not be centered on the ballot, in any
column appearing on the ballot, or in any column appearing on the
voting machine. The name of each candidate shall be printed using
standard capitalization in accordance with instructions provided
by the secretary of state and shall not be printed using all
capital
letters. Under the name of each candidate nominated at a
primary
election or
certified by a party committee to fill a
vacancy under
section 3513.31 of the
Revised Code, the name of
the political
party that nominated or certified the
candidate
shall be printed
in less prominent typeface than that in which
the
candidate's name
is printed.
Sec. 3506.12. In counties where marking devices, automatic
tabulating equipment, voting machines, or any combination of
these
are in use or are to be used, the board of elections both of the
following apply:
(A) May A board of elections may combine, rearrange, and
enlarge precincts; but the
board shall arrange for a sufficient
number of these devices to
accommodate the number of electors in
each precinct as determined
by the number of votes cast in that
precinct at the most recent
election
for the office of governor,
taking into
consideration the
size and location of each selected
polling
place, available
parking, handicap accessibility and other
accessibility to the
polling place, and the number of candidates
and issues to be voted
on by calculating the minimum number of
devices required for all precincts, and by allocating additional
devices based on the following criteria:
(1) The historic voter turnout in a precinct;
(2) Any increase or decrease in the number of registered
voters in the precinct since the last previous election;
(3) Whether voters in the precinct have historically had
longer-than-average wait times to use voting equipment;
(4) The historic level of requests for absent voter's ballots
in the precinct;
(5) The length of the ballot in a particular precinct for the
applicable election; and
(6) Any other factors prescribed by the secretary of state.
The board shall post the draft voting equipment distribution
plan for public comment at the office of the board of elections
and, if the board of elections maintains a web site, on that web
site, not later than fifteen days before the date of the election
for not less than five business days. After the conclusion of the
public comment period, the board of elections shall conduct a full
vote of the board during a public session of the board on the
allocation of voting machines, marking devices, and automatic
tabulating equipment for each precinct in the county.
Notwithstanding section 3501.22 of the
Revised Code, the
board may
appoint more than four precinct
officers to each
precinct if this
is made necessary by the number
of voting
machines to be used in
that precinct.
(B)
Except as otherwise provided in this division,
a board of
elections shall
establish one or more counting stations to
receive
voted
ballots
and other precinct election supplies after
the
precinct polling
precincts
locations are closed.
Those stations
shall be under
the
supervision and
direction of the board of
elections.
Processing
and counting of
voted ballots, and the
preparation of
summary
sheets, shall be
done in the presence of
observers
approved by the
board. A
certified copy of the summary
sheet for
the precinct
shall be
posted at each
counting station
immediately after
completion of
the summary sheet.
In counties where punch card ballots are used, one
or more
counting stations, located at the board of elections, shall be
established, at which location all punch card ballots shall be
counted.
As used in this division, "punch card ballot" has the same
meaning as in section 3506.16 of the Revised Code.
Sec. 3506.21. (A) As used in this section, "optical scan
ballot" means a ballot that is marked by using a specified writing
instrument to fill in a designated position to record a voter's
candidate, question, or issue choice and that can be scanned and
electronically read in order to tabulate the vote.
(B)(1) In addition to marks that can be scanned and
electronically read by automatic tabulating equipment, any of the
following marks, if a majority of those marks are made in a
consistent manner throughout an optical scan ballot,
shall be
counted as a valid vote:
(a) A candidate, question, or issue choice that has been
circled by the voter;
(b) An oval beside the candidate, question, or
issue choice
that has been circled by the voter;
(c) An oval beside the candidate, question, or
issue choice
that has been marked by the voter with an "x," a
check mark, or
other recognizable mark;
(d) A candidate, question, or issue choice that has been
marked
with a writing instrument that cannot be recognized by
automatic
tabulating equipment.
(2) Marks made on an optical scan ballot in accordance with
division (B)(1) of this section shall be counted as valid votes
only if that optical scan ballot contains no marks that can be
scanned and electronically read by automatic tabulating equipment.
(3) If Subject to division (E) of this section, if automatic
tabulating equipment detects that more marks
were made on an
optical scan ballot for a particular office,
question, or issue
than the number of selections that a voter
is
allowed by law to
make for that office, question, or issue, the
voter's
ballot
shall be invalidated for that office, question, or
issue.
The
ballot shall not be invalidated for any other office,
question,
or issue for which the automatic tabulating equipment
detects a
vote to have been cast, in accordance with the law.
(C) The secretary of state may adopt rules under Chapter
119.
of the Revised Code to authorize additional types of optical
scan
ballots and to specify the types of marks on those ballots
that
shall be counted as a valid vote to ensure consistency in the
counting of ballots throughout the state.
(D)(1) A board of elections of a county that uses optical
scan ballots and automatic tabulating equipment as the primary
voting system for the county shall not tabulate the unofficial
results of optical scan ballots voted on election day at a central
location.
(2) A board of elections that provides for the tabulation
at
each precinct of voted ballots, and then, at a central location,
combines
those precinct ballot totals with ballot totals from
other
precincts, including optical scan ballots voted by absent
voters, shall not be considered to be tabulating the unofficial
results of optical scan ballots at a central location for the
purpose of division (D)(1) of this section.
(E) If a voter has marked a ballot for a particular
candidate and also has written in the same candidate's name as a
write-in candidate for the same office, the ballot shall not be
invalidated with respect to that office. The ballot shall be
separated from the remainder of the ballots and preserved so that
the ballot can be remade and tabulated for the official canvass of
the election returns and for any subsequent recount or
post-election audit.
The election officials shall remake any such ballot by
properly marking a replacement ballot with a vote for the named
candidate. Ballots remade under this division shall be tabulated
in the same manner as other ballots for the official canvass of
the election returns and for any subsequent recount or
post-election audit. The original ballot shall be marked as having
been remade and shall be retained separately by the board of
elections.
Sec. 3507.01. (A) Notwithstanding any provision of the
Revised Code to the contrary, a board of elections of a county may
conduct the following elections held within the county
as an
election by mail:
(1) A special election held on a day other than the day of a
primary or general election as authorized by a municipal or county
charter;
(2) An election to fill a vacancy in a nomination pursuant to
section 3513.312 of the Revised Code or a vacancy in an elective
office pursuant to section 3521.03 of the Revised Code.
(B) A board of elections holding an election to fill a
vacancy for an elective office with a district larger than a
county shall conduct that election as an election by mail only if
the board of elections of each other county in the district also
is conducting the election to fill that vacancy as an election by
mail.
Sec. 3507.02. If a board of elections conducts an
election
by mail, the board shall mail an
absent voter's ballot on or
before the thirty-fifth day
before the day of the election, to
each qualified elector in the
county who is entitled to vote on
the office, question, or issue
certified
for placement on the
ballot.
Sec. 3507.03. If a board of elections conducts an
election
by mail, the board shall open its office from 6:30 a.m. until 7:30
p.m. on the day of
the
election to allow qualified voters to
vote in person and to receive completed absent voter's ballots.
The board
shall place a notice at all polling places in the
county used at
the last regular state election stating the
location of the office
of the board of elections, that absent
voter's ballots may be delivered to the office of the board of
elections, and that absent voter's ballots may be cast in person
at the office of the board of elections from 6:30 a.m. until 7:30
p.m. No other
polling places shall be open on the day of the
election
conducted as an election by mail.
Sec. 3509.01. (A) The board of elections of each county shall
provide absent voter's ballots for use at every primary and
general election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state.
Those
ballots shall be the same size, shall be printed on the same
kind
of paper, and
shall be in the same form as has been approved
for
use
at the election for which
those ballots are to be
voted;
except
that, in counties using marking devices, ballot
cards may
be used
for absent voter's ballots, and
those
absent voters shall
be
instructed to record the vote in the manner
provided on the
ballot cards.
In counties where punch card
ballots are used,
those
absent
voters shall be instructed to
examine their
marked
ballot
cards
and to remove any chads that
remain partially
attached to
them
before returning them to
election officials. The secretary
of state shall prescribe uniform
standards for absent voter's
ballot materials, forms, and content.
The boards of elections
shall adhere to the standards prescribed
by the secretary of
state in preparing absent voter's ballots
under this chapter.
(B) The rotation of names of candidates and questions and
issues
shall be substantially complied with
on absent voter's
ballots,
within the limitation of time
allotted.
Those ballots
shall
be
designated as "Absent Voter's
Ballots." and Except as
otherwise provided in division (D) of this section, those ballots
shall be printed and
ready for use as follows:
(1) For overseas voters and absent uniformed services voters
eligible to vote under the "Uniformed and Overseas Citizens
Absentee Voting Act," Pub. L. No. 99-410, 100 Stat. 924, 42 U.S.C.
1973ff, et seq., as amended, and for all other voters who are
applying to vote absent voter's ballots other than in person,
ballots shall be printed and ready
for use on the
thirty-fifth
day before the day of the any election
other than a presidential
primary
election, except that
those;
(2) For all voters, other than overseas voters and absent
uniformed services voters, who are applying to vote absent voter's
ballots in person, ballots shall be printed and ready for use
beginning on the twenty-first day before the day of the election
and
shall continue to be available for use through five p.m. on
the
last Saturday before the day of the election;
(3) For all voters who are applying to vote absent voter's
ballots other than in person, ballots shall be printed and
ready
for use on the twenty-fifth
day before the day of a
presidential
primary election.
(C) Absent voter's ballots provided for use at a general or
primary election, or special election to be held on the day
specified by division (E) of section 3501.01 of the Revised Code
for the holding of a primary election, designated by the general
assembly for the purpose of submitting constitutional amendments
proposed by the general assembly to the voters of the state,
shall
include only
those questions, issues, and candidacies
that
have
been lawfully ordered submitted to the electors voting at
that
election.
Absent (D) If a municipal or county charter authorizes the
holding of a special
election on a day other than the day on
which a primary or general
election is held, and if the charter
provision makes it impossible for absent voter's ballots to
be
printed and ready for use by the deadlines established in
division (B) of this section, absent voter's ballots for those
special elections held on days
other than the day on which general
or primary elections are
held
shall be ready for use as many days
before the day of the
election
as reasonably possible under the
laws charter provision governing the
holding of
that special
election.
(E) A copy of the absent voter's ballots shall be forwarded
by
the director of the board in each county to the secretary of
state
at least twenty-five days before the election.
As used in this section, "chad" and "punch card ballot"
have
the same meanings as in section 3506.16 of the Revised Code.
Sec. 3509.02. (A) Any qualified elector
may vote by absent
voter's
ballots at
an election.
(B) Any qualified elector who is unable to appear at the
office of the board of elections or, if pursuant to division (C)
of section 3501.10 of the Revised Code the board has designated
another location one or more other locations in the county at
which registered electors may vote, at that such other location on
account of personal illness, physical disability, or infirmity,
and who moves from one precinct to
another within a county,
changes
the elector's name
and moves from one precinct to another
within a county, or moves from one county to another county within
the state,
changes the elector's name, changes the elector's name
and moves from one precinct to another within a county, or changes
the elector's name and moves from one county to another county
within the state, on or
prior to the day of a general, primary, or
special election and
has not
filed a notice of change of residence
or, change of name, or both, as applicable
may vote by absent
voter's ballots in that election as specified
in division (G)
of
section 3503.16 of the Revised Code.
Sec. 3509.03. (A) Except as provided in
section 3509.031 or
division (B) of section
3509.08 of the Revised Code, any qualified
elector desiring to vote absent
voter's ballots at an election
shall make written application for
those ballots to the director
of elections of the county in which
the elector's voting residence
is located. The written application may be submitted in person, by
mail, by facsimile transmission, by electronic mail, or by other
electronic means via the internet. The application need
not be in
any particular form but
shall contain all of the following:
(A)(1) The elector's name;
(B)(2) The elector's signature or, if the application is
transmitted electronically, an image of the elector's signature;
(C)(3) The address at which the elector is registered to
vote;
(D)(4) The elector's date of birth;
(E)(5) One of the following, unless the elector is a
first-time mail-in registrant:
(1)(a) The elector's Ohio driver's license number;
(2)(b) The last four digits of the elector's social security
number;
(3)(c) A copy of the elector's current and valid photo
identification, a copy of a military
identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an
election mailed by
a board
of elections under section
3501.19 of
the Revised Code or
a
notice of voter registration
mailed by a
board of elections
under section 3503.19 of the
Revised Code,
that shows the name
and
address of the elector
identification.
(F)(6) A statement identifying the election for which absent
voter's ballots are requested;
(G)(7) A statement that the person requesting the ballots is
a
qualified elector;
(H)(8) If the request is for primary election ballots, the
elector's party affiliation;
(I)(9) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(10) If the elector is a first-time mail-in registrant, a
copy of the elector's first-time mail-in registrant
identification.
(B) A voter who will be outside the United States on the day
of
any election during a calendar year may use a single federal
post
card application to apply for absent voter's ballots. Those
ballots shall be sent to the voter for use at the primary and
general elections in that year and any special election to be
held
on the day in that year specified by division (E) of section
3501.01 of the Revised Code for the holding of a primary
election,
designated by the general assembly for the purpose of
submitting
constitutional amendments proposed by the general
assembly to the
voters of the state unless the voter reports a
change in the
voter's voting status to the board of
elections or the voter's
intent to vote in any such election
in the precinct in this state
where the voter is registered to vote. A single federal postcard
application
shall be
processed by the board of elections pursuant
to section 3509.04
of the Revised Code the same as if the voter
had applied
separately for absent voter's ballots for each
election. When
mailing sending absent voter's ballots to a voter
who
applied for them by
single federal post card application, the
board shall enclose
notification to the voter that the voter must
report to the
board subsequent changes in the voter's voting
status or
the voter's subsequent intent
to vote in any such
election in the precinct in this state where
the voter is
registered to vote. Such notification shall be
in a form
prescribed by the secretary of state. As used in this section
division,
"voting status" means the voter's name at the time the
voter
applied for
absent voter's ballots by single federal post
card
application
and the voter's address outside the United
States to
which the
voter requested that those ballots be sent.
Each (C)(1) An elector may make a single request for absent
voter's ballots for all elections at which the elector is eligible
to vote during a calendar year. The application shall contain the
information specified in division (A) of this section and also
shall specify that the elector is requesting absent voter's
ballots for each election during that year. If the elector wishes
to vote primary election ballots, the elector shall state the
elector's party affiliation in the application.
If an elector applies for annual absent voter's ballots under
this division, the application shall be processed by the board of
elections pursuant to section 3509.04 of the Revised Code the same
as if the elector had applied separately for absent voter's
ballots for each election during the applicable calendar year.
Absent voter's ballots shall be sent to the elector for use at
each election during the applicable calendar year for which the
elector is eligible to cast a ballot. When sending absent voter's
ballots to an elector who applied for them under this division,
the board shall enclose notification to the elector that the
elector must report to the board subsequent changes in the
elector's voting status, changes in the elector's address, or the
elector's intent to vote at a polling location in the jurisdiction
in this state where the elector is registered to vote. Such
notification shall be in a form prescribed by the secretary of
state.
If an absent voter's ballot or any official response to an
application for an annual absent voter's ballot is returned
undeliverable to the board of elections, the board shall attempt
to contact the elector to verify the elector's mailing address
using any available contact information in the elector's voter
registration record including the elector's telephone number,
facsimile transmission number, or electronic mail address. If
the
board is unable to contact the elector, the board shall not
send
absent voter's ballots for any subsequent election to that
elector until the elector submits another application and the
information in that application is verified. The board shall
remove from the poll list or signature pollbook any notation that
the elector requested an absent voter's ballot. The elector may
cast a regular ballot if the elector appears to vote in person on
the day of the election or the elector may cast an absent voter's
ballot in person before the day of the election at the board of
elections or if pursuant to division (C) of section 3501.10 of the
Revised Code the board has designated one or more other locations
in the county at which registered electors may cast an absent
voter's ballot in person, at such other location.
(2) Not later than the fifteenth day of December of each
year, the board of elections shall send an application for annual
absent voter's ballots for the following calendar year to each
person who requested annual absent voter's ballots under division
(C)(1) of this section for the current year. An elector who
completes and returns such an application shall be eligible to
receive annual absent voter's ballots under division (C)(1) of
this section for the applicable year.
(D) Except for annual applications for absent voter's ballots
submitted under division (C)(2) of this section, each application
for absent voter's ballots shall be
delivered to the director not
earlier than the first day of
January of the year of the elections
for which the absent voter's
ballots are requested or not earlier
than ninety days before the
day of the election at which the
ballots are to be voted,
whichever is earlier, and not later than
twelve noon of the third
day before the day of the election at
which the ballots are to
be
voted, or not later than the close of
regular business hours on
the day before the day of the election
at which the ballots are
to
be voted if
the application is
delivered in person to the office
of the board.
Sec. 3509.031. (A) Any qualified elector who is a member of
the organized militia called to active duty within the state and
who will be unable to vote on election day on account of
that
active duty may make written application for absent voter's
ballots to the director of elections for the county in which the
elector's voting residence is located. The elector may personally
deliver the application to the director or may mail it, send it by
facsimile
machine, send it by electronic mail, send it by other
electronic means via the internet, or otherwise send it to
the
director. The
application need not be in any particular
form but
shall contain
all of the following:
(2) The elector's signature or, if the application is
transmitted electronically, an image of the elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following, unless the elector is a first-time
mail-in registrant:
(a) The elector's Ohio driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military
identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an
election mailed by
a board
of elections under section
3501.19 of
the Revised Code or
a
notice of voter registration
mailed by a
board of elections
under section 3503.19 of the
Revised Code,
that shows the name
and
address of the elector
identification.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector;
(8) A statement that the elector is a member of the organized
militia serving on active duty within the state;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(11) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone
number to which they shall be
so sent;
(12) If the elector is a first-time mail-in registrant, a
copy of the elector's first-time mail-in registrant
identification.
(B) Application to have absent voter's ballots mailed or,
sent
by facsimile machine, or otherwise sent to
a qualified
elector who is a member of the
organized militia called to active
duty within the state and who
will be unable to vote on election
day on account of that active
duty may be made by the spouse of
the militia member or the
father,
mother,
father-in-law,
mother-in-law, grandfather,
grandmother, brother
or sister of the
whole blood or half blood,
son, daughter,
adopting parent,
adopted child, stepparent,
stepchild, uncle,
aunt, nephew, or
niece of the militia member.
The application
shall be
in writing
upon a blank form furnished
only by the director. The
form of the
application shall be
prescribed by the
secretary of
state. The
director shall furnish
that blank form to any of the
relatives
specified in this division
desiring to make the
application, only
upon the request of such a
relative in person at
the office of
the board or upon the written
request of such a
relative mailed,
sent by facsimile transmission, sent by electronic mail, or sent
by other electronic means via the internet to the office of the
board. The
application,
subscribed and sworn to by the applicant,
shall
contain all of the following:
(1) The full name of the elector for whom ballots are
requested;
(2) A statement that such person is a qualified
elector
in
the county;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following, unless the elector is a first-time
mail-in registrant:
(a) The elector's Ohio driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military
identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an
election mailed by
a board
of elections under section
3501.19 of
the Revised Code or
a
notice of voter registration
mailed by a
board of elections
under section 3503.19 of the
Revised Code,
that shows the name
and
address of the elector
identification.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the elector is a member of the
organized
militia serving on active duty within the state;
(8) If the request is for primary election ballots, the
elector's party affiliation;
(9) A statement that the applicant bears a relationship to
the elector as specified in division (B) of this section;
(10) The address to which ballots shall be mailed or
telephone number to which ballots shall be sent by facsimile
machine;
(11) The signature or, if the application is transmitted
electronically, an image of the signature and the address of the
person making the
application;
(12) If the elector is a first-time mail-in registrant, a
copy of the elector's first-time mail-in registrant
identification.
(C) Applications (1) An elector who is a member of the
organized militia may make a single request for absent voter's
ballots for all elections at which the elector is eligible to vote
during a calendar year. The application shall contain the
information specified in division (A) of this section and also
shall specify that the elector is requesting absent voter's
ballots for each election during that year. If the elector wishes
to vote primary election ballots, the elector shall state the
elector's party affiliation in the application.
If an elector applies for annual absent voter's ballots under
this division, the application shall be processed by the board of
elections pursuant to section 3509.04 of the Revised Code the same
as if the elector had applied separately for absent voter's
ballots for each election during the applicable calendar year.
Absent voter's ballots shall be sent to the elector for use at
each election during the applicable calendar year for which the
elector is eligible to cast a ballot. When sending absent voter's
ballots to an elector who applied for them under this division,
the board shall enclose notification to the elector that the
elector must report to the board subsequent changes in the
elector's voting status, changes in the elector's address, or the
elector's intent to vote at a polling location in the jurisdiction
in this state where the elector is registered to vote. Such
notification shall be in a form prescribed by the secretary of
state.
If an absent voter's ballot or any official response to an
application for an annual absent voter's ballot is returned
undeliverable to the board of elections, the board shall attempt
to contact the elector to verify the elector's mailing address
using any available contact information in the elector's voter
registration record including the elector's telephone number,
facsimile transmission number, or electronic mail address. If
the
board is unable to contact the elector, the board shall not
send
absent voter's ballots for any subsequent election to that
elector until the elector submits another application and the
information in that application is verified. The board shall
remove from the poll list or signature pollbook any notation that
the elector requested an absent voter's ballot. The elector may
cast a regular ballot if the elector appears to vote in person on
the day of the election or the elector may cast an absent voter's
ballot in person before the day of the election at the board of
elections or if pursuant to division (C) of section 3501.10 of the
Revised Code the board has designated one or more other locations
in the county at which registered electors may cast an absent
voter's ballot in person, at such other location.
(2) Not later than the fifteenth day of December of each
year, the board of elections shall send an application for annual
absent voter's ballots for the following calendar year to each
person who requested annual absent voter's ballots under division
(C)(1) of this section for the current year. An elector who
completes and returns such an application shall be eligible to
receive annual absent voter's ballots under division (C)(1) of
this section for the applicable year.
(D) Except for annual applications for absent voter's ballots
submitted under division (C)(2) of this section, applications to
have absent voter's ballots mailed or
sent by facsimile
machine
shall
not be valid if dated, postmarked,
or received by the
director
prior to the ninetieth day before the
day of the
election for
which ballots are requested or if
delivered to the
director
later than twelve noon of the third day
preceding the
day of such
election. If, after the ninetieth day
and before four
p.m. of
the day before the day of an election, a
valid
application for
absent voter's ballots is delivered to the
director of elections
at the office of the board by a militia
member making
application in the militia member's own behalf, the
director
shall forthwith
deliver to the militia member all absent
voter's ballots then
ready for use, together with an
identification envelope. The
militia member shall then vote the
absent voter's ballots in the manner
provided in section 3509.05
of the Revised Code.
Sec. 3509.04. (A) If a director of a board of elections
receives an application for absent voter's ballots that does not
contain all of the required information, the director promptly
shall notify the applicant, by whatever means of contact the
applicant has provided on the application, of the additional
information required
to be provided by the applicant to complete
that application. The applicant may provide the required
information by mail, electronic mail, telephone, or facsimile
transmission, through the internet, or in person at the office of
the board of elections. If the application is missing a signature,
the applicant may provide a signed statement that the applicant
submitted the application. A signature provided on a signed
statement under this division shall be considered the applicant's
signature on the application for the purposes of processing an
otherwise valid application for absent voter's ballots. The
secretary of state shall prescribe uniform standards for
processing additional information by mail, electronic mail,
telephone, facsimile transmission, through the internet, or in
person at the office of the board of elections under this
division.
If the applicant provides the required information prior to
the end of the period for voting by absent voter's ballots at that
election, the board shall promptly process the application and
deliver absent voter's ballots to the applicant.
(B) Upon Subject to section 3509.07 of the Revised Code, upon
receipt by the director of elections of
an
application for absent
voter's ballots that contain all of the
required information, as
provided by
sections
3509.03 and 3509.031
and division (G) of
section 3503.16 of the
Revised Code, the
director,
if the
director finds that the
applicant is a qualified
elector, shall
deliver
to the applicant in person or mail
directly
to the
applicant by
special delivery mail, air
mail, or regular
mail,
postage prepaid,
proper absent voter's ballots. If the address to
which the ballots are to be sent is located outside of the United
States, the board may deliver the absent voter's ballots to the
applicant using a method other than United States mail. The
director
shall
deliver or mail send with the ballots an
unsealed
identification
envelope upon the face of which shall be printed a
form
substantially as follows:
"Identification Envelope
Statement of Voter
I, ........................(Name of voter), declare under
penalty of election
falsification that the within ballot or
ballots contained no
voting marks of any kind when I received
them, and I caused the
ballot or ballots to be marked, enclosed in
the identification
envelope, and sealed in
that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which
is in Ward ............... Precinct ................
in
that city, village, or
township.
The primary election ballots, if any, within this envelope
are If the election is a primary election, by requesting ballots
of the ............. Party, I hereby declare that I desire to be
affiliated with and support the above-named party.
Ballots contained within this envelope are to be voted at the
..........
(general, special, or primary) election to be held on
the
.......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My Ohio driver's license number is ............... (Driver's
Ohio driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a an Ohio driver's license number
or the
last four digits of my Social Security Number, I am
enclosing a
copy of one of the following in the return envelope
in which this
identification envelope will be mailed: a current
and valid photo
identification or two current and valid items
that list my name in a
manner that substantially conforms to my
name on the statewide
voter registration database and are from a
nonprofit organization, an institution, a business, or a
government entity. If I am a first-time voter who
registered to
vote by mail, did not provide identification when I registered to
vote, and have not previously voted at a federal election in Ohio,
I am enclosing a copy of a current and valid photo
identification, a military identification, or a current utility
bill, bank statement,
government check, paycheck, or other
government document, other
than a notice of an election mailed by
a board of elections under
section 3501.19 of the Revised Code or
a notice of voter
registration mailed by a board of elections,
that shows my name
and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
|
|
|
(Signature of Voter (required) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF
THE FIFTH
DEGREE."
Before delivering or sending the ballots, the director shall
record the unique identification number located on the stub of the
voter's
ballot, the voter's name, and the voter's address, and
shall cause the unique identification number to be copied on the
outside of the voter's identification envelope. The director shall
mail send with the ballots and the
unsealed
identification
envelope an unsealed
return
envelope
upon
the face
of which
shall be printed the official
title and
post-office
address of
the director. In the upper left
corner
on
the face of
the return
envelope, several blank lines shall be
printed
upon
which the
voter may write the voter's name and
return
address, and
beneath
these lines there shall be printed a
box
beside the words
"check
if out-of-country." The voter shall
check
this box if the
voter
will be outside the United States on
the day
of the
election.
The
return envelope shall be of such
size that
the
identification
envelope can be conveniently placed
within it
for
returning
the identification envelope to the
director.
Sec. 3509.05. (A) When an elector receives an absent
voter's
ballot pursuant
to the elector's application or request,
the
elector shall, before placing any marks on the ballot,
note
whether there are any voting marks on it. If there are
any voting
marks, the ballot shall be returned immediately to the
board of
elections; otherwise, the elector shall cause the
ballot to be
marked, folded in a manner that the stub on it and the
indorsements and facsimile signatures of the members of the board
of elections on the back of it are is visible, and placed and
sealed
within the identification envelope received from the
director of
elections for that purpose. Then, the elector shall
cause the
statement of voter on the outside of the identification
envelope
to be completed and signed, under penalty of election
falsification.
If Unless the elector is a first-time mail-in registrant, the
elector does not shall provide the elector's Ohio driver's
license number or the last four digits of the elector's social
security number on the statement of voter on the identification
envelope. If the elector does not provide the elector's Ohio
driver's license number or the last four digits of the elector's
social security number on the statement of voter, the elector also
shall include in the return envelope
with the identification
envelope a copy of the elector's current
valid photo
identification,
a copy of a military identification,
or a copy
of a
current
utility bill, bank statement, government
check,
paycheck,
or
other government document, other than a
notice of
an election
mailed by a board of elections under
section 3501.19
of the
Revised Code or a notice of voter
registration mailed by
a board
of elections under section 3503.19
of the Revised Code,
that
shows
the name and address of the
elector identification.
If the elector is a first-time mail-in
registrant, the elector
shall include a copy of the elector's
first-time mail-in
registrant identification.
The elector shall mail the identification envelope to
the
director from whom it was received in the return envelope,
postage
prepaid, or the elector may personally deliver it to
the director,
or the spouse of the elector, the father, mother, father-in-law,
mother-in-law, grandfather, grandmother, brother, or sister of
the
whole or half blood, or the son, daughter, adopting parent,
adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director. If the
elector is returning the absent voter's ballots from outside the
United States, the elector may return those ballots to the
director by mail, commercial delivery service, personal
delivery,
or delivery by a family member. The
return
envelope
shall be
transmitted to the director in no other
manner,
except
as
provided in section 3509.08 of the Revised
Code.
Each elector who will be outside the United States on the
day
of the election shall check the box on the return envelope
indicating this fact.
When absent voter's ballots are delivered to an elector at
the office of the board, the elector may retire to a voting
compartment provided by the board and there mark the ballots.
Thereupon, the elector shall fold them, place them in the
identification
envelope provided, seal the envelope, fill in and
sign the statement on the envelope under penalty of election
falsification, and deliver the envelope to the director of the
board.
Except as otherwise provided in divisions (B) and (C) of
this
section, all other envelopes containing marked absent
voter's
ballots shall be delivered to the director not later
than the
close of the polls on the day of an election. Absent
voter's
ballots delivered to the director later than the times
specified
shall not be counted, but shall be kept by the board in
the sealed
identification envelopes in which they are delivered
to the
director, until the time provided by section 3505.31 of
the
Revised Code for the destruction of all other ballots used at
the
election for which ballots were provided, at which time they
shall
be destroyed.
(B)(1) Except as otherwise provided in division (B)(2) of
this
section, any return envelope that indicates that the voter
will
be outside the United States on the day of the election shall
be
delivered to the director prior to the eleventh day after the
election. Ballots delivered in such envelopes that are received
after the close of the polls on election day through the tenth
day
thereafter shall be processed and counted on or after the eleventh
day at
the board
of
elections in the manner provided in
divisions
division (C) and (D) of
section 3509.06 of the Revised
Code. Any
such ballots that are
signed or postmarked after the
close of the
polls on the day of
the election or that are
received by the
director later than the
tenth day following the
election shall not
be counted, but shall
be kept by the board in
the sealed
identification envelopes as
provided in division (A)
of this
section.
(2) In any year in which a presidential primary election
is
held, any return envelope that indicates that the voter will
be
outside the United States on the day of the presidential
primary
election shall be delivered to the director prior to the
twenty-first day after that election. Ballots delivered in such
envelopes that are received after the close of the polls on
election day through the twentieth day thereafter shall be
processed and counted
on or after the twenty-first day at the
board of elections in the
manner
provided in divisions division
(C) and (D) of section 3509.06 of
the
Revised Code. Any such
ballots that are signed or postmarked
after
the close of the
polls on the day of that election or that
are
received by the
director later than the twentieth day
following
that election
shall not be counted, but shall be kept
by the board
in the
sealed identification envelopes as provided
in division (A)
of
this section.
(C)(1) Except as otherwise provided in division (C)(2) of
this section, any return envelope that is postmarked within the
United
States prior to the day of the election shall be delivered
to the
director prior to the eleventh day after the election.
Ballots
delivered in envelopes postmarked prior to the day of the
election that are received after the close of the polls on
election day through the tenth day thereafter shall be processed
and counted on or after
the eleventh day at the board of
elections in the manner provided
in divisions division (C) and
(D) of section 3509.06 of the
Revised Code.
Any such ballots
that are received by the director
later than the
tenth day
following the election shall not be
counted, but shall
be kept
by the board in the sealed
identification envelopes as
provided
in division (A) of this
section.
(2) Division (C)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
Sec. 3509.06. (A) Upon receipt of a return envelope
purporting to contain voted absent voter's ballots prior to the
eleventh day after the day of an election, a bipartisan team
consisting of employees of the board of elections shall inspect
the postmark and verify the date the board received the absent
voter's ballot. If either the postmark or the date of receipt do
not meet the applicable deadlines for that election established in
section 3509.05 of the Revised Code, the ballot shall not be
counted. The identification envelope shall not be opened, and it
shall be endorsed "not counted" with the reasons the ballot was
not counted.
If the postmark and date of receipt for a return envelope
purporting to contain voted absent voter's ballots meets the
applicable deadlines for that election established in section
3509.05 of the Revised Code, the bipartisan team shall open that
return envelope but shall not
open the identification envelope
contained in it. If, upon opening
the return envelope, the
bipartisan team finds ballots
in it that are not enclosed in and
properly sealed in the
identification envelope, the bipartisan
team shall
not look at the markings upon the ballots and shall
promptly place
them in the identification envelope and promptly
seal it. If, upon
opening the return envelope, the bipartisan
team finds
that the ballots are enclosed in the identification
envelope but
that it is not properly sealed, the bipartisan team
shall not look at the markings upon the ballots and shall promptly
seal the identification envelope.
The bipartisan team shall cause the
identification
envelopes, any associated identification, and the
ballots in the
identification envelopes to be properly secured
until such time
as they are processed and counted.
The board of elections shall determine
whether absent voter's
ballots shall be processed and counted in each precinct,
at the
office of the board, or at some other location designated
by the
board, and shall proceed accordingly under division (B) or
(C) of
this section.
(B) When the board of elections determines that absent
voter's ballots shall be counted in each precinct,
the director
shall deliver to the presiding judge of each precinct
on election
day identification envelopes purporting to contain
absent voter's
ballots of electors whose voting residence appears
from the
statement of voter on the outside of each of those
envelopes, to
be located in such presiding judge's precinct, and
which were
received by the director not later than the close of
the polls on
election day. The director shall deliver to such
presiding judge
a list containing the name and voting residence of
each person
whose voting residence is in such precinct to whom
absent voter's
ballots were mailed.
(C) When the board of elections determines that absent
voter's ballots shall be counted at the office of
the The board
of
elections or at another location designated by the
board,
shall appoint special
election judges shall be appointed by the
board for
that the purpose
having the same authority as is
exercised by precinct
judges of processing and counting absent
voter's ballots.
The votes so cast shall be added to the vote
totals by the
board,
and the absent voter's ballots shall be
preserved
separately by the
board, in the same manner and for the
same
length of time as
provided by section 3505.31 of the Revised
Code.
(D)(C)(1) Each of the identification envelopes purporting to
contain absent
voter's ballots shall be delivered to the presiding
judge of
the precinct
or the special judge appointed by the board
of
elections and shall be
handled processed and counted as
follows: The
election
officials shall compare the signature of
the
elector on
the
outside of the identification envelope with
the signature of
that
elector on the elector's registration
form
and verify that
the
absent voter's ballot is eligible to be
counted under section
3509.07 of the Revised Code. Any of the
precinct officials may
challenge the right of the elector named on
the identification
envelope to vote the absent voter's ballots
upon the ground that
the signature on the envelope is not the same
as the signature
on
the registration form, or upon any other of
the grounds upon
which
the right of persons to vote may be
lawfully challenged.
If no
such challenge is made, or if such a
challenge is made and
not
sustained, the presiding judge shall
open the envelope
without
defacing the statement of voter and
without mutilating
the ballots
in it, and shall remove the
ballots contained
in it and proceed to
count them.
The name of each person voting who is entitled to vote only
an absent voter's presidential ballot shall be entered in a
pollbook or poll list or signature pollbook followed by the words
"Absentee Presidential Ballot." The name of each person voting
an
absent voter's ballot, other than such persons entitled to
vote
only a presidential ballot, shall be entered in the pollbook
or
poll list or signature pollbook and the person's
(a) The election officials shall inspect the statement
accompanying an absent voter's ballot to determine if the voter's
signature has been provided.
(b) The election officials shall compare the signature of the
voter as provided on the statement accompanying
the absent
voter's ballot with the signature
contained in the voter
registration records.
(c) If the election officials find that the voter's
signature
has been provided and that the voter is registered and eligible to
cast a ballot in the election, the election officials shall open
the envelope and
determine if the stub is attached to or enclosed
with the ballot.
If the stub is
attached to or enclosed with the
ballot, the
election officials shall count that ballot not
earlier than the
day of the election. If the stub is not attached
to or enclosed
with the ballot,
the absent voter's ballot shall
not be counted.
The ballot shall
be placed in its accompanying
identification
envelope, which shall
be endorsed "not counted"
with the reasons
the ballot was not
counted.
(d) If the election officials find that the voter did not
sign the statement of voter on the identification envelope or if
the election officials are unable to determine the identity of the
voter who returned the ballot, the election officials shall use
any information provided on the identification envelope or, if
necessary, cross-reference the unique stub number placed on the
identification envelope with the registration records to identify
the voter for notification under division (G) of this section.
(e) If the voter did not sign the statement of voter on the
identification envelope and if the voter fails to correct that
defect within ten days after the day of the election in accordance
with division (G) of this section, or if the election officials
find that the voter is not registered or not eligible to cast a
ballot in the election, the voter's absent
voter's ballot shall
not be counted. The identification envelope
shall not be opened,
and it shall be endorsed "not counted" with
the reasons the
ballot was not counted.
(2) The board of elections may process absent voter's ballots
under division (C)(1) of this section during the ten days prior to
the day of an election but shall not reveal or cause to be
revealed the marks on any ballots. The board shall not count any
absent voter's ballot prior to the day of the election.
(3) Any ballots that are not eligible to be counted under
division (C)(1)(c) or (e) of this section shall be the preserved
in their identification envelopes until the time provided by
section 3505.31 of the Revised Code for the destruction of all
other ballots used at the election for which ballots were
provided, at which time they shall be destroyed.
(D) The registration card record of each person voting an
absent
voter's ballot shall be marked to indicate that the person
has
voted.
The date of such election shall also be entered on the
elector's registration form record. If any such challenge is made
and
sustained, the identification envelope of such elector shall
not
be opened, shall be endorsed "Not Counted" with the reasons
the
ballots were not counted, and shall be delivered to the
board.
(E) Special election judges, employees or members of the
board of elections, or observers shall not disclose the count or
any portion of
the count of absent voter's ballots prior to the
time of the
closing of the polling places. No person shall
recklessly disclose the count or any portion of the count of
absent voter's ballots in such a manner as to jeopardize the
secrecy of any individual ballot.
(F) Observers may be appointed under section 3505.21 of
the
Revised Code to witness the examination and opening processing
of
identification envelopes and the counting of absent voters'
ballots under this section.
(G)(1) If the voter did not sign the statement of voter on
the identification envelope or if the election officials are
unable to determine the identity of the voter who returned the
ballot, the board of elections shall notify the voter, by whatever
means of contact the voter has provided on the identification
envelope or using any available contact information in the voter's
registration record, of the defect and request the voter to verify
the voter's identity for the purpose of processing that absent
voter's ballot.
(2) The voter may verify that the voter was the person who
returned the absent voter's ballot in any of the following ways:
(a) By confirming by mail, electronic mail, telephone, or
facsimile transmission, or through the internet the voter's date
of birth and residence address in a manner that substantially
conforms with the records of the board of elections;
(b) By providing a statement by mail, electronic mail, or
facsimile transmission, or through the internet that the voter
submitted the ballot and by attaching the voter's signature to
that statement. A signature attached to a statement made under
this division shall be considered the voter's signature on the
identification envelope for the purposes of verifying the validity
of that ballot.
(c) By appearing in person at the office of the board of
elections and signing the identification envelope.
(3) The secretary of state shall prescribe uniform standards
for processing additional information by mail, electronic mail,
telephone, facsimile transmission, through the internet, or in
person at the office of the board of elections under division (H)
of this section.
(4) If the voter provides the required information within ten
days after the day of the election, the election officials shall
complete the processing of the absent voter's ballot under
division (C) of this section in the same manner as if that
information had been included on the statement of voter at the
time the ballot was returned.
(H) As used in this section:
(1) "Bipartisan team" means a team consisting of two
employees of a board of elections who are from different political
parties.
(2) "Processing" an absent voter's ballot means any of the
following:
(a) Examining the sufficiency of an absent voter's ballot
identification envelope by reviewing the postmark, the date of
receipt by the board of elections, and the presence of the voter's
valid signature on the identification envelope and, if the voter's
name is signed on the
envelope, opening the identification
envelope;
(b) Determining the validity of an absent voter's ballot,
including determining whether the proper ballot was delivered to
the voter and whether the stub is attached to or enclosed with the
ballot;
(c) Preparing an absent voter's ballot for scanning by
automatic tabulating equipment;
(d) Scanning an absent voter's ballot by automatic tabulating
equipment but only if the equipment used by the board of elections
permits an absent voter's ballot to be scanned without tabulating
or counting the votes on the ballots scanned; and
(e) Identifying absent voter's ballots that cannot be read by
or that are rejected by automatic tabulating equipment and
determining if those ballots need to be remade so that they can be
read by that equipment.
Sec. 3509.07. (A) An elections official of the county in
which an elector applies to vote by absent voter's ballots may
challenge the right of the elector named on the application to
receive absent voter's ballots only on the following grounds:
(1) That the person is not a resident of the precinct for
which the person is applying to vote absent voter's ballots;
(2) That the person is not a citizen of the United States;
(3) That the person is not eighteen years of age or older;
(4) That the person is not a qualified elector for that
election.
Challenges shall be made
only if the election official knows
or reasonably
believes that the challenged elector is not
qualified and entitled
to vote.
(B) If an elector's absent voter's ballot application is
challenged, the application shall be kept with other challenged
absent voter's ballot applications.
(C) Upon receipt of a challenged absent voter's ballot
application, the board of elections promptly shall review the
board's records. If the board is able to determine that a
challenge should be denied solely on the basis of the records
maintained by the board, the board immediately shall vote to
deny
the challenge. If the board is unable to determine the outcome of
the challenge solely on the basis of the records maintained by the
board, the board shall notify the elector of the challenge to the
elector's absent voter's ballot application and shall provide an
opportunity for the elector to respond to the challenge. The board
of elections shall use the challenge and notification process
established in section 3503.24 of the Revised Code, except that
the board shall decide the challenge prior to the day of the
election.
(D) If the challenge is denied, an absent voter's ballot
shall promptly be sent to
the elector requesting that ballot. If
the board of elections
upholds the challenge, the absent voter's
ballot application shall
not be processed, no absent voter's
ballot shall be sent to the
elector, and the elector shall be
notified of the reason the
elector will not receive an absent
voter's ballot.
(E) No election official or other person may challenge the
validity of an absent voter's ballot that has been completed
and
returned by the voter under this section. The validity of such
a
ballot shall be determined under section 3509.06 of the Revised
Code.
Sec. 3509.08. (A) Any qualified elector, who, on account
of
the elector's own personal illness, physical disability,
or
infirmity, or on account of the elector's confinement in a jail or
workhouse under
sentence for a misdemeanor or awaiting trial on a
felony or misdemeanor, will
be unable to travel from the elector's
home or place of
confinement to the voting booth in the elector's
precinct on the day of any
general, special, or primary election
may make application in
writing for an absent voter's ballot to
the director of the board
of elections of the elector's county.
The application shall include all of the information required
under section 3509.03 of the Revised Code and shall state the
nature of
the elector's illness, physical disability,
or
infirmity, or
the fact that the elector is confined in a jail
or
workhouse
and the elector's resultant inability to
travel to
the
election booth in the elector's precinct on
election day. The
application shall not be valid if it is delivered to the
director
before the ninetieth day or after twelve noon of the third
day
before the day of the election at which the ballot is to
be
voted.
The absent voter's ballot may be mailed directly to the
applicant
at the applicant's voting residence or place of
confinement as
stated in the applicant's application, or the board
may
designate
two board
employees belonging to the two major
political parties
for the
purpose of delivering the ballot to the
disabled or
confined
elector and returning it to the board, unless
the
applicant is
confined to a public or private institution
within
the county, in
which case the board shall designate two
board
employees belonging to the two major political parties for
the
purpose of delivering the ballot to the
disabled or confined
elector and returning it to the board. In
all other instances,
the
ballot shall be returned to the office
of the board in the
manner
prescribed in section 3509.05 of the
Revised Code.
Any disabled or confined elector who declares to the two
board
employees belonging to the two major political parties that
the elector is unable to mark
the elector's ballot
by reason of
physical infirmity that is
apparent to
the employees to be
sufficient to incapacitate the
voter from
marking
the elector's
ballot properly, may receive, upon
request,
the
assistance of the
employees in marking
the elector's
ballot, and they shall
thereafter give no
information in regard to this
matter.
Such
assistance shall not
be rendered for any other cause.
When two board employees belonging to the two major political
parties deliver a ballot to a disabled or
confined elector, each
of the employees shall be present when the
ballot is delivered,
when assistance is given, and when the
ballot is returned to the
office of the board, and shall
subscribe to the declaration on the
identification envelope.
The secretary of state shall prescribe the form of
application for absent voter's ballots under
this division.
This chapter applies to
disabled and
confined absent voter's
ballots except as otherwise
provided in
this section.
(B)(1) Any qualified elector who is unable to travel to
the
voting booth in the elector's precinct on the day of any
general,
special,
or primary election may apply to the
director of the
board of elections of the county where the elector
is a qualified
elector to vote in the election by absent voter's
ballot if
either of the following apply:
(a) The elector is confined in a
hospital as a
result of an
accident or unforeseeable medical
emergency
occurring before the
election;
(b) The elector's minor child is confined in a hospital as a
result of an accident or unforeseeable medical emergency occurring
before the election.
(2) The application authorized under division (B)(1) of this
section shall be made in writing, shall include all of the
information required under section 3509.03 of the Revised Code,
and shall be
delivered to the director not later than three p.m.
on the day of
the election. The application shall indicate the
hospital where
the applicant or the applicant's child is confined,
the date of the applicant's or the applicant's child's
admission
to the
hospital, and the offices for which the applicant is
qualified
to
vote. The
applicant may
also request that a member of
the applicant's
family, as listed in
section 3509.05 of the
Revised Code, deliver
the absent voter's
ballot to the applicant.
The director, after
establishing to the
director's satisfaction
the validity of
the
circumstances claimed
by the applicant, shall
supply an absent
voter's ballot to be
delivered to the applicant.
When the
applicant or the applicant's child is in a hospital
in
the county where the applicant
is a qualified
elector and no
request is made for a member of the family to
deliver the ballot,
the director shall arrange for the delivery
of an absent voter's
ballot to the applicant, and for its return
to the office of the
board, by two board employees belonging to the two major political
parties according to the
procedures prescribed in
division (A) of
this section. When the
applicant or the applicant's child is in a
hospital
outside the county where the
applicant is a qualified
elector and
no request is made for a member of
the family to
deliver the
ballot, the director shall arrange for the delivery
of
an absent
voter's ballot to the applicant by mail, and the ballot
shall be
returned to the office of the board in the manner
prescribed in
section
3509.05 of the Revised Code.
(3) Any qualified elector who is eligible to vote
under
division (B) or, (C), or (D) of section 3503.16
of the Revised
Code but is
unable to do so because of the circumstances
described
in division
(B)(2) of this section may vote in
accordance with
division
(B)(1)
of this section if that qualified
elector states
in the
application for absent voter's ballots that that
qualified
elector
moved or, had a change of name, or both under the
circumstances
described in
division (B) or, (C), or (D) of section
3503.16 of the Revised Code and
if
that qualified elector complies
with divisions (G)(1) to (4) of
section 3503.16 of the Revised
Code.
(C)
Any qualified elector described in division (A) or
(B)(1)
of this section who needs no assistance to vote or to
return
absent voter's ballots to the board of elections may apply
for
absent voter's
ballots under section 3509.03 of the Revised
Code
instead of applying for them under this
section.
Sec. 3509.09. (A) The poll list or signature pollbook for
each precinct shall identify
each registered elector in that
precinct who has requested an absent voter's ballot for that
election.
(B)(1) If a registered elector appears to vote in that
precinct and that elector has requested an absent voter's ballot
for that election but the director has not received a sealed
identification envelope purporting to contain that elector's voted
absent voter's ballots for that election, the elector shall be
permitted to cast a provisional ballot under section 3505.181 of
the Revised Code in that precinct on the day of that election.
(2) If a registered elector appears to vote in that precinct
and that elector has requested an absent voter's ballot for that
election and the director has received a sealed identification
envelope purporting to contain that elector's voted absent voter's
ballots for that election, the elector shall be permitted to cast
a provisional ballot under section 3505.181 of the Revised Code in
that precinct on the day of that election.
(C)(1) In processing and counting absent voter's ballots
under section
3509.06 of the Revised Code, the board of elections
shall compare
the signature of each elector from whom the
director has received
a sealed identification envelope purporting
to contain that
elector's voted absent voter's ballots for that
election to the
signature on that elector's registration form
record. Except as otherwise
provided in division (C)(3) of this
section, if the board of
elections determines that the absent
voter's ballot in the sealed
identification envelope is valid, it
shall be counted. If the
board of elections determines that the
signature on the sealed
identification envelope purporting to
contain the elector's voted
absent voter's ballot does not match
the signature on the
elector's registration form record, the
ballot shall be set aside and the
board shall examine, during the
time prior to the beginning of the
official canvass, the poll
list or signature pollbook from the
precinct in which the elector
is registered to vote to determine
if the elector also cast a
provisional ballot under section
3505.181 of the Revised Code in
that precinct on the day of the
election.
(2) The board of elections shall count the provisional
ballot, instead of the absent voter's ballot, if both of the
following apply:
(a) The board of elections determines that the signature of
the elector on the outside of the identification envelope in which
the absent voter's ballots are enclosed does not match the
signature of the elector on the elector's registration form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
absent voter's ballot by the applicable deadline established under
section 3509.05 of the Revised Code, the provisional ballot cast
under section 3505.181 of the Revised Code in that precinct on the
day of the election shall be counted as valid, if that provisional
ballot is otherwise determined to be valid pursuant to section
3505.183 of the Revised Code.
(D) If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and
the ballot within that envelope shall not be counted. The
identification envelope shall be endorsed "Not Counted" with the
reason the ballot was not counted.
Sec. 3511.02. Notwithstanding any section of the Revised
Code to the
contrary, whenever any person applies for
registration
as a voter on a form adopted in accordance with
federal
regulations relating to the "Uniformed and Overseas
Citizens
Absentee Voting Act," 100 Stat. 924, 42 U.S.C.A. 1973ff
(1986),
this application shall be sufficient for voter
registration and as
a request for an absent voter's ballot. Armed
service absent
voter's ballots may be obtained by any person
meeting the
requirements of section 3511.01 of the Revised Code
by applying to
the director of the board of elections of the
county in which the
person's voting residence is located, in one
of the following
ways:
(A) That person may make written application for those
ballots. The person may personally deliver
the application to the
director or may mail it, send it by facsimile machine, send it by
electronic mail, send it by other electronic means via the
internet, or
otherwise send it to the director. The application
need
not be in
any particular form but
shall contain all of the
following
information:
(2) The elector's signature or, if the application is
transmitted electronically, an image of the elector's signature;
(3) The address at which the elector is registered to vote;
(4) The elector's date of birth;
(5) One of the following, unless the elector is a first-time
mail-in registrant:
(a) The elector's Ohio driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military
identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an
election mailed by
a board
of elections under section
3501.19 of
the Revised Code or
a
notice of voter registration
mailed by a
board of elections
under section 3503.19 of the
Revised Code,
that shows the name
and
address of the elector
identification.
(6) A statement identifying the election for which absent
voter's ballots are requested;
(7) A statement that the person requesting the ballots is a
qualified elector;
(8) A statement that the elector is an absent uniformed
services voter as defined in 42 U.S.C. 1973ff-6;
(9) A statement of the elector's length of residence in the
state immediately preceding the commencement of service or
immediately preceding the date of leaving to be with or near the
service member, whichever is applicable;
(10) If the request is for primary election ballots, the
elector's party affiliation;
(11) If the elector desires ballots to be mailed to the
elector, the address to which those ballots shall be mailed;
(12) If the elector desires ballots to be sent to the elector
by facsimile machine, the telephone number to which they
shall be
so sent;
(13) If the elector is a first-time mail-in registrant, a
copy of the elector's first-time mail-in registrant
identification.
(B) A voter or any relative of a voter listed in division (C)
of this section may use a single federal post card application to
apply for armed service absent voter's ballots for use at the
primary and general elections in a given year and any special
election to be held on the day in that year specified by division
(E) of section 3501.01 of the Revised Code for the holding of a
primary election, designated by the general assembly for the
purpose of submitting constitutional amendments proposed by the
general assembly to the voters of the state. A single federal
postcard application
shall be processed by the board of elections
pursuant to section
3511.04 of the Revised Code the same as if the
voter had applied
separately for armed service absent voter's
ballots for each
election.
(C) Application to have armed service absent voter's ballots
mailed or, sent by facsimile
machine, or otherwise sent to such a
person
may be made
by the spouse when the person is a service
member, or
by the
father, mother, father-in-law, mother-in-law,
grandfather,
grandmother, brother or sister of the whole blood or
half blood,
son, daughter, adopting parent, adopted child,
stepparent,
stepchild, uncle, aunt, nephew, or niece of such a
person. The
application shall be in writing upon a blank form
furnished only
by the director or on a single federal post card as
provided in
division (B) of this section. The form of the
application shall
be
prescribed by the secretary of state. The
director shall
furnish
that blank form to any of the relatives
specified in this
division
desiring to make the application, only
upon the request
of such a
relative made in person at the office
of the board or
upon the
written request of such a relative
mailed, sent by facsimile transmission, sent by electronic mail,
or sent by other electronic means via the internet to the office
of
the
board. The application, subscribed and sworn to by the
applicant,
shall contain all of the following:
(1) The full name of the elector for whom ballots
are
requested;
(2) A statement that the elector is an absent uniformed
services voter as defined in 42 U.S.C. 1973ff-6;
(3) The address at which the elector is registered to vote;
(4) A statement identifying the elector's length of residence
in the state immediately preceding the
commencement of service, or
immediately preceding the date of
leaving to be with or near a
service member, as the case may be;
(5) The elector's date of birth;
(6) One of the following, unless the individual is a
first-time mail-in registrant:
(a) The elector's Ohio driver's license number;
(b) The last four digits of the elector's social security
number;
(c) A copy of the elector's current and valid photo
identification, a copy of a military
identification, or a copy of
a current utility
bill, bank
statement, government check,
paycheck, or other
government
document, other than a notice of
an
election mailed by
a board
of elections under section
3501.19 of
the Revised Code or
a
notice of voter registration
mailed by a
board of elections
under section 3503.19 of the
Revised Code,
that shows the name
and
address of the elector
identification.
(7) A statement identifying the election for which absent
voter's ballots are requested;
(8) A statement that the person requesting the ballots is a
qualified elector;
(9) If the request is for primary election ballots, the
elector's party affiliation;
(10) A statement that the applicant bears a
relationship to
the elector as specified in division (C) of this section;
(11) The address to which ballots shall be mailed or
the
telephone number to which ballots shall be sent by facsimile
machine;
(12) The signature or, if the application is transmitted
electronically, an image of the signature and the address of the
person
making the
application;
(13) If the elector is a first-time mail-in registrant, a
copy of the elector's first-time mail-in registrant
identification.
Each (D)(1) An elector who is eligible to vote armed service
absent voter's ballots may make a single request for armed service
absent voter's ballots for all elections at which the elector is
eligible to vote during a calendar year. The application shall
contain the information specified in division (A) of this section
and also shall specify that the elector is requesting armed
service absent voter's ballots for each election during that year.
If the elector wishes to vote primary election ballots, the
elector shall state the elector's party affiliation in the
application.
If an elector applies for annual armed service absent voter's
ballots under this division, the application shall be processed by
the board of elections pursuant to section 3511.04 of the Revised
Code the same as if the elector had applied separately for armed
service absent voter's ballots for each election during the
applicable calendar year. Armed service absent voter's ballots
shall be sent to the elector for use at each election during the
applicable calendar year for which the elector is eligible to cast
a ballot. When sending armed service absent voter's ballots to an
elector who applied for them under this division, the board shall
enclose notification to the elector that the elector must report
to the board subsequent changes in the elector's voting status,
changes in the elector's address, or the elector's intent to vote
at a polling location in the jurisdiction in this state where the
elector is registered to vote. Such notification shall be in a
form prescribed by the secretary of state.
If an armed service absent voter's ballot or any official
response to an application for an annual armed service absent
voter's ballot is returned undeliverable to the board of
elections, the board shall attempt to contact the elector to
verify the elector's mailing address using any available contact
information in the elector's voter registration record including
the elector's telephone number, facsimile transmission number, or
electronic mail address. If the board is unable to
contact the
elector, the board shall not send armed service absent
voter's
ballots for any subsequent election to that elector until
the
elector submits another application and the information in
that
application is verified. The board shall remove from the poll list
or signature pollbook any notation that the elector requested an
armed service absent voter's ballot. The elector may cast a
regular ballot if the elector appears to vote in person on the day
of the election or the elector may cast an armed service absent
voter's ballot in person before the day of the election at the
board of elections or if pursuant to division (C) of section
3501.10 of the Revised Code the board has designated one or more
other locations in the county at which registered electors may
cast an absent voter's ballot in person, at such other location.
(2) Not later than the fifteenth day of December of each
year, the board of elections shall send an application for annual
armed service absent voter's ballots for the following calendar
year to each person who requested annual armed service absent
voter's ballots under division (D)(1) of this section for the
current year. An elector who completes and returns such an
application shall be eligible to receive annual armed service
absent voter's ballots under division (D)(1) of this section for
the applicable year.
(E) Except for annual applications for armed service absent
voter's ballots submitted under division (D)(2) of this section,
each application for armed service absent voter's ballots
shall be
delivered to the director not earlier than the first day
of
January of the year of the elections for which the armed
service
absent voter's ballots are requested or not earlier than
ninety
days before the day of the election at which the ballots
are to be
voted, whichever is earlier, and not later than twelve
noon of the
third day preceding the day of the election,
or not
later than
the close of regular business hours on the
day before
the day of
the election at which those ballots are to
be voted if
the
application is delivered in person to the office
of the board.
(D)(F) If the voter for whom the application is made is
entitled
to vote for presidential and vice-presidential electors
only, the
applicant shall submit to the director in addition to
the
requirements of divisions (A), (B), and (C) of this section,
a
statement to the effect that the voter is qualified to vote for
presidential and vice-presidential electors and for no other
offices.
Sec. 3511.04. (A) If a director of a board of elections
receives an application for armed service absent voter's ballots
that does not contain all of the required information, the
director promptly shall notify the applicant, by whatever means of
contact the applicant has provided on the application, of the
additional
information required to be provided by the applicant
to complete
that application. The applicant may provide the
required information by mail, electronic mail, telephone, or
facsimile transmission, through the internet, or in person at the
office of the board of elections. If the application is missing a
signature, the applicant may provide a signed statement that the
applicant submitted the application. A signature provided on a
signed statement under this division shall be considered the
applicant's signature on the application for the purposes of
processing an otherwise valid application for armed service absent
voter's ballots. The secretary of state shall prescribe uniform
standards for processing additional information by mail,
electronic mail, telephone, facsimile transmission, through the
internet, or in person at the office of the board of elections
under this division.
If the applicant provides the required information prior to
the end of the period for voting by armed service absent voter's
ballots at that election, the board shall promptly process the
application and deliver armed service absent voter's ballots to
the applicant.
(B) Not Subject to section 3511.041 of the Revised Code, not
later than the twenty-fifth day before
the day of each
presidential primary election and not later than
the thirty-fifth
day before the day of each general or other
primary election, and
at the earliest possible time before the
day of a special election
held on a day other than the day on
which a general or primary
election is held, the director of the
board of elections shall
mail or, send by facsimile machine, or otherwise send armed
service absent voter's
ballots then ready for use as provided for
in section 3511.03 of
the Revised Code and for which the director
has received
valid applications
prior to that time. Thereafter,
and until twelve noon of the
third day preceding the day of
election, the director shall
promptly, upon receipt of valid
applications for them, mail or,
send by facsimile machine, or
otherwise send to
the proper persons all armed service absent
voter's ballots then
ready for use.
If, after the sixtieth day before the day of a general or
primary election, any other question, issue, or candidacy is
lawfully ordered submitted to the electors voting at the general
or primary election, the board shall promptly provide a separate
official issue, special election, or other election ballot for
submitting the question, issue, or candidacy to those electors,
and the director shall promptly mail or, send by facsimile
machine, or otherwise send
each such separate ballot to
each
person to whom the director has previously mailed or,
sent by
facsimile
machine, or otherwise sent other armed service
absent
voter's ballots.
In mailing armed service absent voter's ballots, the
director
shall use the fastest mail service available, but the
director
shall not mail them by certified mail.
Sec. 3511.041. (A) An elections official of the county in
which an elector applies to vote by armed service absent voter's
ballots may challenge the right of the elector named on the
application to receive armed service absent voter's ballots only
on the following grounds:
(1) That the person is not a resident of the precinct for
which the person is applying to vote armed service absent voter's
ballots;
(2) That the person is not a citizen of the United States;
(3) That the person is not eighteen years of age or older;
(4) That the person is not a qualified elector for that
election.
Challenges shall be made
only if the election official knows
or reasonably
believes that the person is not qualified and
entitled to vote.
(B) If an elector's armed service absent voter's ballot
application is challenged, the application shall be kept with
other challenged armed service absent voter's ballot applications.
(C) Upon receipt of a challenged armed service absent voter's
ballot application, the board of elections promptly shall review
the board's records. If the board is able to determine that a
challenge should be denied solely on the basis of the records
maintained by the board, the board immediately shall vote to deny
the challenge. If the board is unable to determine the outcome of
the challenge solely on the basis of the records maintained by the
board, the board shall notify the elector of the challenge to the
elector's armed service absent voter's ballot application and
shall provide an opportunity for the elector to respond to the
challenge. The board of elections shall use the challenge and
notification process established in section 3503.24 of the Revised
Code, except that the board shall decide the challenge prior to
the day of the election.
(D) If the challenge is denied, an armed service absent
voter's ballot shall
promptly be sent to the elector requesting
that ballot. If the
board of elections upholds the challenge, the
armed service absent
voter's ballot application shall not be
processed, no armed
service absent voter's ballot shall be sent
to the elector, and
the elector shall be notified of the reason
the elector will not
receive an armed service absent voter's
ballot.
(E) No election official or other person may challenge the
validity of an armed service absent voter's ballot that has
been
completed and returned by the voter under this section. The
validity of such a ballot shall be determined under section
3511.11 of the Revised Code, as applicable.
Sec. 3511.05. (A) The director of the board of elections
shall
place armed service absent voter's ballots sent by mail or
other means in
an unsealed
identification envelope, gummed ready
for
sealing.
The
director shall include with armed
service absent
voter's
ballots
sent by facsimile machine an
instruction sheet for
preparing a
gummed an envelope in which the
ballots shall be
returned. The
envelope for returning ballots
sent by either means
shall
have
printed or written on its face a form substantially as
follows:
"Identification Envelope
Statement of Voter
I, ........................(Name of voter), declare under
penalty of election
falsification that the within ballot or
ballots contained no
voting marks of any kind when I received
them, and I caused the
ballot or ballots to be marked, enclosed in
the identification
envelope, and sealed in
that envelope.
My voting residence in Ohio is
...................................................................
(Street and Number, if any, or Rural Route and Number)
of ................................ (City, Village, or Township)
Ohio, which
is in Ward ............... Precinct ................
in
that city, village, or
township.
The primary election ballots, if any, within this envelope
are If the election is a primary election, by requesting ballots
of the ............. Party, I hereby declare that I desire to be
affiliated with and support the above-named party.
Ballots contained within this envelope are to be voted at the
..........
(general, special, or primary) election to be held on
the
.......................... day of ......................, ....
My date of birth is ............... (Month and Day),
.......... (Year).
(Voter must provide one of the following:)
My Ohio driver's license number is ............... (Driver's
Ohio driver's
license number).
The last four digits of my Social Security Number are
............... (Last four digits of Social Security Number).
...... In lieu of providing a an Ohio driver's license number
or the
last four digits of my Social Security Number, I am
enclosing a
copy of one of the following in the return envelope
in which this
identification envelope will be mailed: a current
and valid photo
identification or two current and valid items
that list my name in a
manner that substantially conforms to my
name on the statewide
voter registration database and that are
from a nonprofit organization, an institution, a business, or a
government entity. If I am a first-time voter who
registered to
vote by mail, did not provide identification when I registered to
vote, and have not previously voted at a federal election in Ohio,
I am enclosing a copy of a current and valid photo
identification, a military identification, or a current utility
bill, bank statement,
government check, paycheck, or other
government document, other
than a notice of an election mailed by
a board of elections under
section 3501.19 of the Revised Code or
a notice of voter
registration mailed by a board of elections,
that shows my name
and address.
I hereby declare, under penalty of election falsification,
that the statements above are true, as I verily believe.
|
|
|
(Signature of Voter (required) |
WHOEVER COMMITS ELECTION FALSIFICATION IS
GUILTY OF A FELONY OF
THE FIFTH
DEGREE."
(B) Before delivering or sending the ballots, the director
shall record the unique identification number located on the stub
of the voter's ballot, the voter's name, and the voter's address,
and shall cause the unique identification number to be copied on
the outside of the identification envelope. The director shall
also mail send with the ballots and
the
unsealed identification
envelope sent by mail or other means
an unsealed return
envelope,
gummed, ready for sealing, for use by
the voter in
returning
the
voter's marked ballots to the director.
The
director
shall send
with
the ballots and the instruction sheet
for
preparing a gummed
an envelope sent by facsimile machine an
instruction sheet for
preparing a second
gummed envelope as
described in this division,
for use by the voter in
returning that
voter's marked ballots to
the
director. The return envelope shall
have
two parallel lines,
each one quarter of an inch in width,
printed
across its face
paralleling the top, with an intervening
space of
one quarter of
an inch between such lines. The top line
shall be
one and
one-quarter inches from the top of the envelope.
Between
the
parallel lines shall be printed: have printed on it
"OFFICIAL
ELECTION
ARMED SERVICE ABSENT VOTER'S BALLOTS -- VIA AIR - FIRST
CLASS
MAIL." Three
blank
lines shall be printed in the upper left
corner
on the face
of
the
envelope for the use by the voter in
placing
the voter's
complete
military, naval, or mailing address
on these
lines, and
beneath
these
lines there shall be printed a
box beside
the words
"check
if
out-of-country." The voter shall
check this
box if the
voter
will be outside the United States on
the day of
the
election. The
official
title and the post-office
address of
the
director to whom
the envelope shall
be returned
shall be
printed
on the face of
such envelope in the lower right
portion
below the
bottom parallel
line.
(C) On the back of each identification envelope and
each
return
envelope shall be printed the following:
If the flap on this envelope is so firmly stuck to the
back
of the envelope when received by you as to require forcible
opening in order to use it, open the envelope in the manner
least
injurious to it, and, after marking your ballots and
enclosing
same in the envelope for mailing them to the director of
the board
of elections, reclose the envelope in the most
practicable way, by
sealing or otherwise, and sign the blank form
printed below.
The flap on this envelope was firmly stuck to the back
of the
envelope when received, and required forced opening
before sealing
and mailing.
(D) Division (C) of this section does not
apply when absent
voter's ballots are sent by facsimile machine.
Sec. 3511.06. The return envelope provided for in
section
3511.05 of the Revised Code shall be of such size that the
identification
envelope can be conveniently placed within it for
returning the
identification envelope to the director.
The
envelope in which the
two envelopes and the armed service
absent
voter's ballots are
mailed to the elector shall have two parallel
lines,
each one quarter of an inch
in width, printed across its
face,
paralleling the top, with an
intervening space of
one-quarter of
an inch between such lines.
The top line shall be
one and
one-quarter inches from the top of
the envelope. Between
the
parallel lines shall be printed on it:
"official armed
service
absent
voter's balloting material--via air
mail OFFICIAL
ARMED SERVICE ABSENT VOTER'S BALLOTING MATERIAL - FIRST CLASS
MAIL." The
appropriate
return address of the director of the
board
of
elections shall be
printed in the upper left corner on
the face
of such envelope.
Several blank lines shall be printed
on the face
of such envelope
in the lower right portion, below
the bottom
parallel line, for
writing in the name and address of
the elector
to whom such
envelope is mailed sent.
Sec. 3511.08. The director of the board of elections shall
keep a record of the name and address of each person to whom he
the
director mails, sends, or delivers armed service absent
voter's ballots, the kinds
of ballots so mailed, sent, or
delivered, and the name and address of
the person who made the
application for such those ballots. After he the
director has
mailed, sent, or delivered such ballots he the
director shall not
mail, send, or deliver
additional ballots of the same kind to such
person pursuant to a
subsequent request unless such subsequent
request contains the
statement that an earlier request had been
sent to the director
prior to the thirtieth day before the
election and that the armed
service absent voter's ballots so
requested had not been received
by such person prior to the
fifteenth day before the election,
and provided that the director
has not received an identification
envelope purporting to contain
marked armed service absent
voter's ballots from such person.
Sec. 3511.09. (A) When an elector receives an armed service
absent voter's ballot pursuant to the elector's application or
request, the elector shall, before placing any marks on the
ballot, note whether there are any voting marks on it. If there
are any voting marks, the ballot shall be returned immediately to
the board of elections; otherwise, the elector shall cause the
ballot to be marked, folded in a manner that the stub on it is
visible, and placed and sealed within the identification envelope
received from the director of elections for that purpose. Then,
the elector shall cause the statement of voter on the outside of
the identification envelope to be completed, under penalty of
election falsification.
Unless the elector is a first-time mail-in registrant, the
elector shall provide the elector's Ohio driver's license number
or the last four digits of the elector's social security number on
the statement of voter on the identification envelope. If the
elector does not provide the elector's Ohio driver's license
number or the last four digits of the elector's social security
number on the statement of voter, the elector shall include in the
return envelope with the identification envelope a copy of the
elector's identification. If the elector is a first-time mail-in
registrant, the elector shall include a copy of the elector's
first-time mail-in registrant identification.
The elector shall mail the identification envelope to the
director from whom it was received in the return envelope, postage
prepaid, or the elector may personally deliver it to the director,
or the spouse of the elector, the father, mother, father—in—law,
mother—in—law, grandfather, grandmother, brother, or sister of the
whole or half blood, or the son, daughter, adopting parent,
adopted child, stepparent, stepchild, uncle, aunt, nephew, or
niece of the elector may deliver it to the director. If the
elector is returning the armed service absent voter's ballots from
outside the United States, the elector may return those ballots to
the director by mail, commercial delivery service, personal
delivery, or delivery by a family member. The return envelope
shall be transmitted to the director in no other manner, except as
provided in section 3509.08 of the Revised Code.
Each elector who will be outside the United States on the day
of the election shall check the box on the return envelope
indicating this fact.
Sec. 3511.10. If, after the thirty-fifth day and before
the
close of the polls on the day of a general or primary
election, a
valid application for armed service absent voter's
ballots is
delivered to the director of the board of elections at
the office
of the board by a person making the application in his on
the
person's own behalf, the director shall forthwith deliver to the
person all armed service absent voter's ballots then ready for
use,
together with an identification envelope. The person shall
then
immediately retire to a voting booth in the office of the
board,
and mark the ballots. He The person shall then fold each
ballot
separately so as to conceal his the person's markings
thereon,
and deposit all of the
ballots in the identification
envelope and securely seal it. Thereupon
he the person shall fill
in answers to the questions on the face
of the identification
envelope, and by writing his the person's
usual signature in the
proper place thereon, he the person shall
declare under penalty of
election falsification that the answers to those
questions are
true and correct to the best of his that person's
knowledge and
belief. He The person shall then deliver the
identification
envelope to the
director. If thereafter, and before the third day
preceding such
election, the board provides additional separate
official issue
or special election ballots, as provided for in
section 3511.04
of the Revised Code, the director shall promptly,
and not later
than twelve noon of the third day preceding the day
of election,
mail or otherwise send such additional ballots to
such person at the address
specified by him that person for that
purpose.
In the event any person serving in the armed forces of the
United States is discharged after the closing date of
registration, and he that person or his that
person's spouse, or
both, meets all the other
qualifications set forth in section
3511.01 of the Revised Code,
he or she the person or spouse shall
be permitted to vote prior
to the date of the election in the
office of the board in his the
person's or spouse's county, as set
forth in this section.
Sec. 3511.11.
(A) Upon receipt of any
return envelope
bearing the
designation "Official Election Armed Service Absent
Voter's
Ballot" prior to the twenty-first day after the day of a
presidential primary election or prior to the eleventh day after
the day of any other election, the director a bipartisan team
consisting of employees of
the board of
elections shall inspect
the postmark and verify the date the board received the armed
service absent voter's ballot. If either the postmark, if
applicable, or the date of receipt do not meet the applicable
deadlines for that election established in division (C) or (D) of
this section, the ballot shall not be counted. The identification
envelope shall not be opened, and it shall be endorsed "not
counted" with the reasons the ballot was not counted.
If the postmark, if applicable, and the date of receipt for a
return envelope purporting to contain voted armed service absent
voter's ballots meets the applicable deadlines for that election
established in division (C) or (D) of this section, the bipartisan
team shall open it but shall not open the
identification
envelope
contained
in it. If, upon so opening
the
return
envelope,
the
director bipartisan team finds
ballots
in
it that are not
enclosed
in
and
properly sealed in the
identification envelope,
the
director bipartisan team shall
not
look at the markings
upon
the ballots and
shall promptly
place
them
in the
identification
envelope and
promptly seal
it. If, upon
so opening
the return
envelope, the
director bipartisan team finds that
ballots
are
enclosed in the
identification
envelope but that
it
is not
properly sealed,
the director bipartisan team shall
not
look at
the
markings upon
the ballots
and
shall promptly seal
the
identification envelope.
(B) Armed service absent voter's ballots delivered to the
director not later than the close of the polls on election day
shall be processed and counted in the manner provided in division
(F) of this section 3509.06 of the
Revised Code.
(C) A return envelope that indicates that the voter will be
outside of the United States on the day of an election is not
required to be postmarked in order for an armed service absent
voter's ballot contained in it to be valid. Except as otherwise
provided in this division, whether or not the return envelope
containing the ballot is postmarked or contains an illegible
postmark, an armed service absent voter's
ballot that
is
received
after the close of the polls on election day through
the
tenth day
after the election day or, if the
election was a
presidential
primary election, through the
twentieth day
after
the election
day, and that
is
delivered in a return envelope that
indicates
that the voter
will
be outside the United States on the
day of the
election
shall be
counted on the eleventh day
after the
election
day or, if the
election was a
presidential primary
election, on
the twenty-first
day
after the election day, at the
office of the
board of
elections in the manner provided in
divisions (C) and (D)
division (F)
of
this section 3509.06 of the Revised Code.
However,
if a
return
envelope containing an armed service absent
voter's
ballot
is so
received and so indicates, but it is
postmarked, or
the
identification envelope in it is signed, after
the close of
the
polls
on election day,
the armed service absent
voter's
ballot
shall not be counted. The identification envelope shall not be
opened and it shall be endorsed "not counted" with the reasons the
ballot was not counted.
(D)(1) Except as otherwise provided in division (D)(2)
of
this section, any return envelope containing an armed service
absent voter's ballot that is postmarked within the United States
prior to the day of the election shall be delivered to the
director prior to the eleventh day after the election. Armed
service absent voter's ballots delivered in envelopes postmarked
prior to the day of the election that are received after the close
of the polls on election day through the tenth day thereafter
shall be counted on the eleventh day at the board of elections in
the manner provided in divisions (C) and (D) division (F) of this
section 3509.06 of
the Revised Code. Any such ballots ballot that
are is received by the
director later than the tenth day
following the election shall not
be counted, but shall be kept by
the board in the sealed
identification envelopes envelope as
provided in division (A) of this
section. The identification
envelope shall not be opened and it shall be endorsed "not
counted" with the reasons the ballot was not counted.
(2) Division (D)(1) of this section shall not apply to any
mail that is postmarked using a postage evidencing system,
including a postage meter, as defined in 39 C.F.R. 501.1.
(E) The following types of armed service absent voter's
ballots shall not be counted:
(1) Armed service absent voter's ballots
contained in return
envelopes that bear the designation "Official
Election Armed
Service Absent Voter's Ballots," that are received
by the director
after the close of the polls on the day of the
election, and that
either
are
postmarked, or
contain an identification envelope that
is signed,
on or
after election day;
(2) Armed
service absent
voter's ballots contained in return
envelopes that
bear that
designation, that do not indicate they
are from voters who will be outside the United States on the day
of the election, and that are received
after the
tenth day
following
the election or, if the election was
a
presidential
primary
election, after the twentieth day following
the election;
(3) Armed service absent voter's ballots contained in return
envelopes that bear that designation, that are received by the
director within ten days after the day of the election, and that
were postmarked before the day of the election using a postage
evidencing system, including a postage meter, as defined in 39
C.F.R. 501.1.
The uncounted ballots shall be
preserved in
their
identification
envelopes unopened
until the
time provided
by
section 3505.31 of the Revised Code for the
destruction of all
other ballots used at the election for which
ballots were
provided, at which time they shall be destroyed.
The board of
elections shall appoint special election judges for the purpose of
processing and counting armed service absent voter's ballots. The
votes so cast shall be added to the vote totals by the board, and
the armed service absent voter's ballots shall be preserved
separately by the board, in the same manner and for the same
length of time as provided by section 3505.31 of the Revised Code.
(F)(1) Each of the identification envelopes purporting to
contain armed service absent voter's ballots delivered to the
special judge appointed by the board of elections shall be
processed and counted as follows:
(a) The election officials shall inspect the statement
accompanying an armed service absent voter's ballot to determine
if the voter's signature has been provided.
(b) The election officials shall compare the signature of the
voter as provided on the statement accompanying the armed service
absent voter's ballot with the signature contained in the voter
registration records.
(c) If the election officials find that the voter's signature
has been provided and that the voter is registered and eligible to
cast a ballot in the election, the election officials shall open
the envelope and
determine if the stub is attached to or enclosed
with the ballot.
If the stub is attached to or enclosed with the
ballot, the
election officials shall count that ballot not
earlier than the
day of the election. If the stub is not attached
to or enclosed
with the ballot, the armed service absent voter's
ballot shall not be counted.
The ballot shall be placed in its
accompanying identification
envelope, which shall be endorsed
"not counted" with the reasons
the ballot was not counted.
(d) If the election officials find that voter did not sign
the statement of voter on the identification envelope or if the
election officials are unable to determine the identity of the
voter who returned the ballot, the election officials shall use
any information provided on the identification envelope or, if
necessary, cross-reference the unique stub number placed on the
identification envelope with the registration records to identify
the voter for notification under division (J) of this section.
(e) If the voter did not sign the statement of voter on the
identification envelope and if the voter fails to correct that
defect within ten days after the day of the election in accordance
with division (J) of this section, or if the election officials
find that the voter is not registered or not eligible to cast a
ballot in the election, the voter's armed service absent voter's
ballot shall not be counted. The identification envelope shall not
be opened and it shall be endorsed "not counted" with the reasons
the ballot was not counted.
(2) The board of elections may process armed service absent
voter's ballots under division (F)(1) of this section during the
ten days prior to the day of an election but shall not reveal or
cause to be revealed the marks on any ballots. The board shall not
count any armed service absent voter's ballot prior to the day of
the election.
(3) Any ballots that are not eligible to be counted under
division (F)(1)(c) or (e) of this section shall be preserved
in
their identification envelopes until the time provided by
section
3505.31 of the Revised Code for the destruction of all
other
ballots used at the election for which ballots were
provided, at
which time they shall be destroyed.
(G) The registration record of each person voting an armed
service absent voter's ballot shall be marked to indicate that the
person has voted. The date of such election shall also be entered
on the elector's registration record.
(H) Special election judges, employees or members of the
board of elections, or observers shall not disclose the count or
any portion of the count of armed service absent voter's ballots
prior to the time of the closing of the polling places. No person
shall recklessly disclose the count or any portion of the count of
armed service absent voter's ballots in such a manner as to
jeopardize the secrecy of any individual ballot.
(I) Observers may be appointed under section 3505.21 of the
Revised Code to witness the processing of identification envelopes
and the counting of armed service absent voters' ballots under
this section.
(J)(1) If the voter did not sign the statement of voter on
the identification envelope or if the election officials are
unable to determine the identity of the voter who returned the
ballot, the board of elections shall notify the voter, by whatever
means of contact the voter has provided on the identification
envelope or using any available contact information in the voter's
registration record, of the defect and request the voter to verify
the voter's identity for the purpose of processing that armed
service absent voter's ballot.
(2) The voter may verify that the voter was the person who
returned the armed service absent voter's ballot in any of the
following ways:
(a) By confirming by mail, electronic mail, telephone, or
facsimile transmission, or through the internet the voter's date
of birth and residence address in a manner that substantially
conforms with the records of the board of elections;
(b) By providing a statement by mail, electronic mail, or
facsimile transmission, or through the internet that the voter
submitted the ballot and by attaching the voter's signature to
that statement. A signature attached to a statement made under
this division shall be considered the voter's signature on the
identification envelope for the purposes of verifying the validity
of that ballot.
(c) By appearing in person at the office of the board of
elections and signing the identification envelope.
(3) The secretary of state shall prescribe uniform standards
for processing additional information by mail, electronic mail,
telephone, facsimile transmission, through the internet, or in
person at the office of the board of elections under division (J)
of this section.
(4) If the voter provides the required information within ten
days after the day of the election, the election officials shall
complete the processing of the armed service absent voter's ballot
under division (F) of this section in the same manner as if that
information had been included on the statement of voter at the
time the ballot was returned.
(K) As used in this section, "bipartisan team" and
"processing" a ballot have the same meanings as in section 3509.06
of the Revised Code.
Sec. 3511.13. (A) The poll list or signature pollbook for
each precinct shall identify each registered elector in that
precinct who has requested an armed service absent voter's ballot
for that election.
(B)(1) If a registered elector appears to vote in that
precinct and that elector has requested an armed service absent
voter's ballot for that election but the director has not received
a sealed identification envelope purporting to contain that
elector's voted armed service absent voter's ballots for that
election, the elector shall be permitted to cast a provisional
ballot under section 3505.181 of the Revised Code in that precinct
on the day of that election.
(2) If a registered elector appears to vote in that precinct
and that elector has requested an armed service absent voter's
ballot for that election and the director has received a sealed
identification envelope purporting to contain that elector's voted
armed service absent voter's ballots for that election, the
elector shall be permitted to cast a provisional ballot under
section 3505.181 of the Revised Code in that precinct on the day
of that election.
(C)(1) In processing and counting armed service absent
voter's ballots under
section 3511.11 of the Revised Code, the
board of elections shall
compare the signature of each elector
from whom the director has
received a sealed identification
envelope purporting to contain
that elector's voted armed service
absent voter's ballots for that
election to the signature on the
elector's registration form record.
Except as otherwise provided
in division (C)(3) of this section,
if the board of elections
determines that the armed service absent
voter's ballot in the
sealed identification envelope is valid, it
shall be counted. If
the board of elections determines that the
signature on the
sealed identification envelope purporting to
contain the
elector's voted armed service absent voter's ballot
does not
match the signature on the elector's registration form record,
the ballot shall be set aside and the board shall examine, during
the time prior to the beginning of the official canvass, the poll
list or signature pollbook from the precinct in which the elector
is registered to vote to determine if the elector also cast a
provisional ballot under section 3505.181 of the Revised Code in
that precinct on the day of the election.
(2) The board of elections shall count the provisional
ballot, instead of the armed service absent voter's ballot, of an
elector from whom the director has received an identification
envelope purporting to contain that elector's voted armed service
absent voter's ballots, if both of the following apply:
(a) The board of elections determines that the signature of
the elector on the outside of the identification envelope in which
the armed service absent voter's ballots are enclosed does not
match the signature of the elector on the elector's registration
form;
(b) The elector cast a provisional ballot in the precinct on
the day of the election.
(3) If the board of elections does not receive the sealed
identification envelope purporting to contain the elector's voted
armed service absent voter's ballot by the applicable deadline
established under section 3511.11 of the Revised Code, the
provisional ballot cast under section 3505.181 of the Revised Code
in that precinct on the day of the election shall be counted as
valid, if that provisional ballot is otherwise determined to be
valid pursuant to section 3505.183 of the Revised Code.
(D)
If the board of elections counts a provisional ballot
under division (C)(2) or (3) of this section, the returned
identification envelope of that elector shall not be opened, and
the ballot within that envelope shall not be counted. The
identification envelope shall be endorsed "Not Counted" with the
reason the ballot was not counted.
Sec. 3513.05. Each person desiring to become a candidate
for
a party nomination or for election to an office or position
to be
voted for at a primary election, except persons desiring to
become
joint candidates for the offices of governor and
lieutenant
governor and except as otherwise provided in section 3513.051
of
the Revised Code, shall, not later than four
p.m. of the
seventy-fifth day before the day of the primary election, or if
the primary election is a presidential primary election, not
later
than four p.m. of the sixtieth day before the day of the
presidential primary election, file a declaration of candidacy
and
petition and pay the fees required under divisions
(A) and (B) of
section 3513.10 of the
Revised Code. The declaration of candidacy
and all separate
petition papers shall be filed at the same time
as one
instrument. When the offices are to be voted for at a
primary
election, persons desiring to become joint candidates for
the
offices of governor and lieutenant governor shall, not later
than
four p.m. of the seventy-fifth day before the day of the
primary
election, comply with section 3513.04 of the Revised Code.
The
prospective joint candidates' declaration of candidacy and all
separate petition papers of candidacies shall be filed at the
same
time as one instrument.
The secretary of state or a board of
elections shall not accept for filing a declaration of candidacy
and petition of a person seeking to become a candidate if that
person, for the same election, has already filed a declaration of
candidacy or a declaration of intent to be a write-in candidate,
or has become a candidate by the filling of a vacancy under
section 3513.30 of the Revised Code for any federal, state, or
county
office, if the declaration of candidacy is for a state or
county
office, or for any municipal or township office, if the
declaration of candidacy is for a municipal or township office.
If the declaration of candidacy declares a candidacy which
is
to be submitted to electors throughout the entire state, the
petition, including a petition for joint candidates for the
offices of governor and lieutenant governor, shall be signed by
at
least one thousand qualified electors who are members of the
same
political party as the candidate or joint candidates, and the
declaration of candidacy and petition shall be filed with the
secretary of state; provided that the secretary of state shall
not
accept or file any such petition appearing on its face to
contain
signatures of more than three thousand electors.
Except as otherwise provided in this paragraph, if the
declaration of candidacy is of one that is to be submitted only
to
electors within a district, political subdivision, or portion
thereof, the petition shall be signed by not less than fifty
qualified electors who are members of the same political party as
the political party of which the candidate is a member. If the
declaration of candidacy is for party nomination as a candidate
for member of the legislative authority of a municipal
corporation
elected by ward, the petition shall be signed by not
less than
twenty-five qualified electors who are members of the
political
party of which the candidate is a member.
No such petition, except the petition for a candidacy that
is
to be submitted to electors throughout the entire state, shall
be
accepted for filing if it appears to contain on its face
signatures of more than three times the minimum number of
signatures. When a petition of a candidate has been accepted for
filing by a board of elections, the petition shall not be deemed
invalid if, upon verification of signatures contained in the
petition, the board of elections finds the number of signatures
accepted exceeds three times the minimum number of signatures
required. A board of elections may discontinue verifying
signatures on petitions when the number of verified signatures
equals the minimum required number of qualified signatures.
If the declaration of candidacy declares a candidacy for
party nomination or for election as a candidate of an
intermediate
or a minor party, the minimum number of signatures on
such
petition
is one-half the minimum number provided in this
section,
except
that, when the candidacy is one for election as a
member of
the
state central committee or the county central
committee of a
political party, the minimum number shall be the
same for an
intermediate or a minor party as for a major party.
If a declaration of candidacy is one for election as a
member
of the state central committee or the county central
committee of
a political party, the petition shall be signed by
five qualified
electors of the district, county, ward, township,
or precinct
within which electors may vote for such candidate.
The electors
signing such petition shall be members of the same
political party
as the political party of which the candidate is
a member.
For purposes of signing or circulating a petition of
candidacy for party nomination or election, an elector is
considered to be a member of a political party if the elector
voted
in
that party's primary election within the preceding two
calendar
years, or if the elector did not vote in any other
party's primary
election within the preceding two calendar years.
If the declaration of candidacy is of one that is to be
submitted only to electors within a county, or within a district
or subdivision or part thereof smaller than a county, the
petition
shall be filed with the board of elections of the
county. If the
declaration of candidacy is of one that is to be
submitted only to
electors of a district or subdivision or part
thereof that is
situated in more than one county, the petition
shall be filed with
the board of elections of the county within
which the major
portion of the population thereof, as ascertained
by the next
preceding federal census, is located.
A petition shall consist of separate petition papers, each
of
which shall contain signatures of electors of only one county.
Petitions or separate petition papers containing signatures of
electors of more than one county shall not thereby be declared
invalid. In case petitions or separate petition papers
containing
signatures of electors of more than one county are
filed, the
board shall determine the county from which the
majority of
signatures came, and only signatures from such county
shall be
counted. Signatures from any other county shall be
invalid.
Each separate petition paper shall be circulated by one
person only, who shall be the candidate or a joint candidate or a
member of the same political party as the candidate or joint
candidates, and each
separate petition paper shall be governed by
the rules set forth
in section 3501.38 of the Revised Code.
The secretary of state shall promptly transmit to each
board
such separate petition papers of each petition accompanying
a
declaration of candidacy filed with the secretary of state
as
purport to contain
signatures of electors of the county of such
board. The board of
the most populous county of a district shall
promptly transmit to
each board within such district such separate
petition papers of
each petition accompanying a declaration of
candidacy filed with
it as purport to contain signatures of
electors of the county of
each such board. The board of a county
within which the major
portion of the population of a subdivision,
situated in more than
one county, is located, shall promptly
transmit to the board of
each other county within which a portion
of such subdivision is
located such separate petition papers of
each petition
accompanying a declaration of candidacy filed with
it as purport
to contain signatures of electors of the portion of
such
subdivision in the county of each such board.
All petition papers so transmitted to a board and all
petitions accompanying declarations of candidacy filed with a
board shall, under proper regulations, be open to public
inspection until four p.m. of the seventieth day before the day
of
the next primary election, or if that next primary election is
a
presidential primary election, the fifty-fifth day before that
presidential primary election. Each board shall, not later than
the sixty-eighth day before the day of that primary election, or
if the primary election is a presidential primary election, not
later than the fifty-third day before such presidential primary
election, examine and determine the validity or invalidity of the
signatures on the petition papers so transmitted to or filed with
it and shall return to the secretary of state all petition papers
transmitted to it by the secretary of state, together with its
certification of its determination as to the validity or
invalidity of signatures thereon, and shall return to each other
board all petition papers transmitted to it by such board,
together with its certification of its determination as to the
validity or invalidity of the signatures thereon. All other
matters affecting the validity or invalidity of such petition
papers shall be determined by the secretary of state or the board
with whom such petition papers were filed.
Protests against the candidacy of any person filing a
declaration of candidacy for party nomination or for election to
an office or position, as provided in this section, may be filed
by any qualified elector who is a member of the same political
party as the candidate and who is eligible to vote at the primary
election for the candidate whose declaration of candidacy the
elector
objects to, or by the controlling committee of that
political party.
The
protest shall be in writing, and shall be
filed not later than
four
p.m. of the sixty-fourth day before the
day of the primary
election, or if the primary election is a
presidential primary
election, not later than four p.m. of the
forty-ninth day before
the day of the presidential primary
election. The protest shall
be filed with the election officials
with whom the declaration of
candidacy and petition was filed.
Upon the filing of the
protest, the election officials with whom
it is filed shall
promptly fix the time for hearing it, and shall
forthwith mail
notice of the filing of the protest and the time
fixed for
hearing to the person whose candidacy is so protested.
They
shall
also forthwith mail notice of the time fixed for such
hearing to
the person who filed the protest. At the time fixed,
such
election officials shall hear the protest and determine the
validity or invalidity of the declaration of candidacy and
petition. If they find that such candidate is not an elector of
the state, district, county, or political subdivision in which
the
candidate seeks a party nomination or election to an office or
position,
or
has not fully complied with this chapter, the
candidate's
declaration of
candidacy and petition shall be
determined to be invalid and
shall be rejected; otherwise, it
shall
be determined to be valid.
That determination shall be
final.
A protest against the candidacy of any persons filing a
declaration of candidacy for joint party nomination to the
offices
of governor and lieutenant governor shall be filed,
heard, and
determined in the same manner as a protest against the
candidacy
of any person filing a declaration of candidacy singly.
The secretary of state shall, on the sixtieth day before
the
day of a primary election, or if the primary election is a
presidential primary election, on the forty-fifth day before the
day of the presidential primary election, certify to each board
in
the state the forms of the official ballots to be used at the
primary election, together with the names of the candidates to be
printed on the ballots whose nomination or election is to be
determined
by electors throughout the entire state and who filed
valid
declarations of candidacy and petitions.
The board of the most populous county in a district
comprised
of more than one county but less than all of the
counties of the
state shall, on the sixtieth day before the day of
a primary
election, or if the primary election is a presidential
primary
election, on the forty-fifth day before the day of a
presidential
primary election, certify to the board of each
county in the
district the names of the candidates to be printed
on the official
ballots to be used at the primary election,
whose nomination or
election is to be determined only by electors
within the district
and who filed valid declarations of
candidacy and petitions.
The board of a county within which the major portion of the
population of a subdivision smaller than the county and situated
in more than one county is located shall, on the sixtieth day
before the day of a primary election, or if the primary election
is a presidential primary election, on the forty-fifth day before
the day of a presidential primary election, certify to the board
of each county in which a portion of that subdivision is located
the names of the candidates to be printed on the official ballots
to be used at the primary election, whose nomination or election
is to be determined only by electors within that subdivision and
who filed valid declarations of candidacy and petitions.
Sec. 3513.19. (A) It is the duty of any judge of elections,
whenever any judge of elections doubts that
a person attempting to
vote at a primary election is legally
entitled to vote at that
election, to challenge the right of
that person to vote. The right
of a Any person offering to vote at a primary
election may be
challenged upon at the polling place by any judge of elections on
any of the following grounds:
(1) That the person whose right to vote is challenged is
not
a legally qualified elector;
(2) That the person has received or has been promised some
valuable reward or consideration for the person's vote;
(3) That the person is not a citizen of the United States;
(2) That the person is not a resident of the precinct in
which the person offers to vote;
(3) That the person is not eighteen years of age or older;
(4) That the person is not a qualified elector for that
election;
(5) That the person is not affiliated with or is not a member
of
the political party whose ballot the person desires to vote.
Such
Challenges shall be made
only if the challenger knows or
reasonably believes
that the challenged elector is not qualified
and entitled to vote.
If the board of elections has ruled on the question presented
by a challenge prior to election day, its finding and decision
shall be final, the presiding judge shall be notified in writing,
and the judges of elections shall not challenge the elector on
that ground. If any person is challenged as unqualified to
vote,
the presiding judge shall
tender the person the following
oath:
"You do swear or
affirm under penalty of election
falsification
that you
will fully and truly answer all of the
following
questions put to
you concerning your qualifications as
an elector
at this election."
(B) If the person is challenged as unqualified on the
ground
that the person is not a citizen, the judges shall put
the
question:
"Are you a citizen of the United States?"
If the person answers in the affirmative, the challenge shall
be denied. If the judges are unable to verify the person's
eligibility to cast a ballot in the election, the judges shall
provide to the person, and the person may vote, a provisional
ballot under section 3505.181 of the Revised Code.
(C) If the person is challenged as unqualified on the
ground
that the person is not a resident of the
precinct where
the
person offers to vote, the judges shall put the following
questions:
(1) Do you reside in this precinct?
(2) When did you move into this precinct?
(3) When you came into this precinct, did you come for a
temporary purpose merely or for the purpose of making it your
home?
(4) What is your current mailing address?
(5) Do you have some official identification containing your
current address in this precinct? Please provide that
identification.
(6) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(7) Have you applied for any absent voter's ballot in any
state for this election?
The judges shall direct an individual who is not in the
appropriate polling place to the appropriate polling place. If the
individual refuses to go to the appropriate polling place, or if
the judges are unable to verify the person's eligibility to cast a
ballot in the election, the judges shall provide to the person,
and the person may vote, a provisional ballot under section
3505.181 of the Revised Code.
(D) If the person is challenged as unqualified on the
ground
that the person is not of legal voting age, the judges
shall put
the following questions:
(1) Are you eighteen years of age or more?
(2) What is your date of birth?
(3) Do you have some official identification verifying your
age? Please provide that identification.
If the judges are unable to verify the person's age and
eligibility to cast a ballot in the election, the judges shall
provide to the person, and the person may vote, a provisional
ballot under section 3505.181 of the Revised Code.
(E) If the person is challenged as unqualified on the ground
that the person is not a qualified elector for the applicable
election, the judges shall put the following questions:
(1) Have you resided in this state for thirty days
immediately preceding the day of this election? If so, where have
you resided?
(2) Did you properly register to vote?
(3) Can you provide some form of identification containing
your current mailing address in this precinct? Please provide that
identification.
(4) Have you voted or attempted to vote at any other location
in this or in any other state at this election?
(5) Have you applied for an absent voter's ballot in any
state for this election?
If the judges are unable to verify the person's eligibility
to cast a ballot in the election, the judges shall provide to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code.
(F) If the person is challenged as unqualified on the ground
that the person is not affiliated with or is not a member of the
political party whose ballot the person has requested, the
person's party affiliation shall be determined by examining the
elector's voting
record for the current year and in the
immediately
preceding
two calendar
years as shown on the voter's
registration
card, using the
standards of affiliation specified
in the seventh
paragraph of section
3513.05 of the Revised Code
record.
Division (A)(3) of this section
and the seventh paragraph
of section
3513.05 of the Revised Code
do not prohibit a person
who
holds an
elective office for which candidates are nominated
at
a party
primary election from doing any of the following:
(a) If the person voted as a member of a different
political
party at any
primary election within the current year
and the
immediately preceding two
calendar years, being a
candidate for
nomination at a
party primary held during the times
specified in
division (C)(2) of
section 3513.191 of the Revised
Code
provided
that the person complies with the requirements
of
that section;
(b) Circulating the person's own petition of
candidacy for
party nomination in the primary election.
(B) When the right of a person to vote is challenged upon
the
ground set forth in division (A)(3) of this section,
membership in
or political affiliation with a political party
shall be
determined by the person's statement, made under penalty
of
election falsification, that the person desires to be
affiliated
with and supports the principles of the political
party whose
primary ballot the person desires to vote If the
challenge is not
denied upon examination of the person's voting
record, membership
in or political affiliation with a political
party shall be
determined by the person's statement, made under
penalty of
election falsification, that the person desires to be
affiliated
with and supports the principles of the political party
whose
primary election ballot the person desires to vote. If the
person
refuses to make such a statement, the judges shall provide
to the
person, and the person may vote, a provisional ballot under
section 3505.181 of the Revised Code.
Sec. 3513.30. (A)(1) If only one valid declaration of
candidacy is filed for nomination as a candidate of a political
party for an office and that candidate dies prior to the tenth
day
before the primary election, both of the following may
occur:
(a) The political party whose candidate died may fill the
vacancy so created
as provided in division (A)(2) of this
section.
(b) Any major political party other than the one whose
candidate died may select a candidate as provided in division
(A)(2) of this section under either of the following
circumstances:
(i) No person has filed a valid declaration of candidacy for
nomination as that party's candidate at the primary election.
(ii) Only one person has filed a valid declaration of
candidacy for nomination as that party's candidate at the primary
election,
that person has
withdrawn, died, or been disqualified
under section 3513.052 of the Revised Code, and the vacancy so
created has not been filled.
(2) A vacancy may be filled under division
(A)(1)(a) and a
selection may be made under division
(A)(1)(b) of this section
by
the appropriate committee of the political party in the same
manner as provided in divisions
(A)
to (E) of section
3513.31
of
the Revised Code for the filling of similar vacancies
created
by
withdrawals
or disqualifications under section 3513.052
of the
Revised Code after the primary election, except that
the
certification required under that
section may not be filed with
the secretary of state, or with a board of the most populous
county of a district, or with the board of a county in which the
major portion of the population of a subdivision is located,
later
than four p.m. of the tenth day before the day of such
primary
election, or with any other board later than four p.m.
of the
fifth day before the day of such primary election.
(3) If only one valid declaration of candidacy is
filed for
nomination as a candidate of a political party for an
office and
that candidate dies on or after the tenth day before
the day of
the primary election, that candidate is considered to
have
received the nomination of that candidate's political party at
that
primary election, and, for purposes of filling the vacancy so
created,
that candidate's death shall be treated as if that
candidate died on the day
after the day of the primary election.
(B) Any person filing a declaration of candidacy may
withdraw
as such candidate at any time prior to the primary
election, or,
if the primary
election is a presidential primary
election, at any
time prior to
the fiftieth day before the
presidential primary
election. The withdrawal
shall be effected
and
the statement of
withdrawal shall be filed in accordance with
the
procedures
prescribed in division (D) of this section
for the
withdrawal of
persons nominated in a primary election or
by
nominating petition.
(C) A person who is the first choice for president of
the
United States by a candidate for delegate or alternate to a
national convention of a political party may withdraw consent
for
the selection of the person as such first choice
no later than
four p.m. of
the thirtieth day before the day of the
presidential
primary election. Withdrawal
of consent shall be for the entire
slate of
candidates for delegates and alternates who named such
person as
their presidential first choice and shall constitute
withdrawal
from the primary election by such delegates and
alternates. The
withdrawal shall be made in writing and delivered
to the
secretary of state. If the withdrawal is delivered to the
secretary of state on or before the sixtieth day before the day of
the primary election, or, if the election is a presidential
primary election, on or before the forty-fifth day before the day
of the presidential primary election, the boards of elections
shall remove
both
the name of the withdrawn first choice and the
names of such
withdrawn candidates from the ballots according to
the
directions of the secretary of state. If the withdrawal is
delivered to the secretary of state after the sixtieth day before
the day of the primary election, or, if the election is a
presidential primary election, after the forty-fifth day before
the day of the presidential primary election, the board of
elections shall not remove the name of the withdrawn first choice
and the names of the withdrawn candidates from the ballots. The
board of elections shall post a notice at each polling location on
the day of the primary election, and shall enclose with each
absent voter's ballot given or mailed after the candidate
withdraws, a notice that votes for the withdrawn first choice or
the withdrawn candidates will be void and will not be counted. If
such names are not
removed from all ballots before the day of the
election, the
votes
for the withdrawn first choice or the
withdrawn candidates are void and
shall
not be counted.
(D) Any person nominated in a primary election, pursuant to
section 3513.02 of the Revised Code, or by
nominating
petition as
a candidate for election at the next
general election
may withdraw
as such candidate at any time prior
to the
general election.
Such
withdrawal may be effected by the
filing of a written statement
by
such candidate announcing the
candidate's withdrawal and
requesting that the candidate's name
not be printed on the
ballots. If such candidate's
declaration of
candidacy or
nominating petition was filed with
the secretary of
state, the
candidate's statement of
withdrawal shall be
addressed
to and
filed with the secretary of state. If such
candidate's
declaration
of candidacy or nominating petition was
filed with a
board of
elections, the candidate's statement
of withdrawal
shall
be
addressed to and filed with such board.
(E) When a person withdraws under division
(B) or (D) of
this
section on or before the sixtieth day before the day of the
primary election or the general election, or, if the election is a
presidential primary
election, on or before the forty-fifth day
before the day of the presidential primary election, the board of
elections shall remove the name of the
withdrawn candidate from
the ballots according to the
directions of the
secretary of state.
When a person withdraws under division (B) or (D) of this section
after the sixtieth day before the day of the primary election or
the general election, or, if the election is a presidential
primary election, after the forty-fifth day before the day of the
presidential primary election, the board of elections shall not
remove the name of the withdrawn candidate from the ballots. The
board of elections shall post a notice at each polling place on
the day of the primary election, and shall enclose with each
absent voter's ballot given or mailed after the candidate
withdraws, a notice that votes for the withdrawn candidate will be
void and will not be counted. If the name is not removed
from all
ballots
before the day of the election, the votes for the
withdrawn
candidate are void and shall not be counted.
Sec. 3513.31. (A) If a person nominated in a primary
election
as a candidate for election at the next general election,
whose
candidacy is to be submitted to the electors of the entire
state,
withdraws as that candidate
or is disqualified as that
candidate under section 3513.052 of the Revised Code, the vacancy
in the party nomination
so created may be filled by the state
central committee of the
major political party that made the
nomination at the primary
election, if the committee's chairperson
and secretary certify
the name of the person selected to fill the
vacancy by the time
specified in this division, at a meeting
called for that purpose. The meeting
shall be called by the
chairperson of that committee, who shall give each
member of the
committee at least two days' notice of the
time, place, and
purpose of the meeting. If a majority of the
members of the
committee are present at the meeting,
a majority of those present
may select a person to fill the vacancy. The
chairperson and
secretary of the meeting shall certify in writing
and under oath
to the secretary of state, not later than the
seventy-sixth day
before the day of the general election,
the name of the person
selected to fill the vacancy.
The certification must be
accompanied by the written acceptance of
the nomination by the
person whose name is certified. A
vacancy that may be filled by
an
intermediate or a minor political party
shall be filled in
accordance with the party's rules by
authorized officials of the
party. Certification must be
made as in the manner provided for a
major political party.
(B) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a district
comprised of more than one county but less than all of the
counties of the state, withdraws as that candidate
or is
disqualified as that candidate under section 3513.052 of the
Revised Code, the
vacancy in the party nomination so created may
be filled by a
district committee of the major political party
that made
the nomination at the primary election, if the
committee's
chairperson and secretary certify the name of the
person selected to
fill the vacancy by the time specified in this
division, at a meeting called for that
purpose. The district
committee shall consist of the
chairperson and secretary of the
county central committee of such political
party in each county in
the district. The district committee
shall be called by the
chairperson of the county central committee
of such political
party of the most populous county in the
district, who shall give
each member of the district committee
at least two days' notice of
the time, place, and purpose of
the meeting. If a majority of the
members of the
district committee are present at the district
committee meeting, a majority
of those present may select a person
to fill the vacancy. The
chairperson and secretary of the meeting
shall certify in writing
and under oath to the board of elections
of the most populous
county in the district, not later than four
p.m. of the
seventy-sixth day before the day of the general
election, the
name of the person selected to fill the vacancy.
The
certification must be accompanied by the written acceptance of
the
nomination by the person whose name is certified. A vacancy
that
may be filled by an intermediate or a minor political party
shall
be
filled in accordance with the party's rules by
authorized
officials of the party. Certification must be
made as in the
manner provided for a major political party.
(C) If a person nominated in a primary election as a party
candidate for election at the next general election, whose
candidacy is to be submitted to the electors of a county,
withdraws as that candidate
or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy in the
party nomination
so created may be filled by the county central
committee of the
major political party that made the nomination at
the primary
election, or by the county executive committee if so
authorized,
if the committee's chairperson and secretary certify
the name of
the person selected to fill the vacancy by the time
specified in
this division, at a meeting called for that purpose.
The meeting shall be
called by the chairperson of that committee,
who shall give each
member of the committee at least two days'
notice of the time,
place, and purpose of the meeting. If a
majority of the members
of the committee are present at the
meeting, a majority of those present may
select a person to fill
the vacancy. The
chairperson and secretary of the meeting shall
certify
in writing and under oath to the board of that county, not
later than four
p.m. of the seventy-sixth day before the day of
the general
election, the name of the person selected to fill the
vacancy. The certification must be accompanied by the
written
acceptance of the nomination by the person whose name is
certified. A
vacancy that may be filled by an intermediate or
a
minor political
party shall be filled in accordance with the
party's rules
by authorized officials of the party. Certification
must be
made as in the manner provided for a major political
party.
(D) If a person nominated in a primary election or pursuant
to section 3513.02 of the Revised Code as a party
candidate for
election at the next general election, whose
candidacy is to be
submitted to the electors of a district within
a county, withdraws
as that candidate
or is disqualified as that
candidate under
section 3513.052 of the Revised Code, the vacancy
in the party
nomination so created may be filled by a district
committee
consisting of those members of the county central
committee or, if
so
authorized, those members of the county
executive committee in
that county of the major political party
that made the
nomination
at the primary election who represent the
precincts
or the wards
and townships within the district, if the
committee's
chairperson
and secretary certify the name of the
person selected to fill the
vacancy by the time specified in this
division, at a meeting
called for that purpose. The district
committee meeting shall
be
called by the chairperson of the county
central committee or
executive
committee, as appropriate, who
shall give each member of
the district committee at least
two
days' notice of the time,
place, and purpose of the meeting. If
a
majority of the members of
the district committee are
present at
the district committee
meeting, a majority of those
present may
select a person to fill
the vacancy. The
chairperson and
secretary of the district
committee meeting shall certify
in
writing and under oath to the
board of the county, not
later than
four p.m. of the seventy-sixth
day before the day of
the general
election, the name of the person
selected to fill the
vacancy.
The
certification must be
accompanied by the written
acceptance of
the
nomination by the
person whose name is
certified. A vacancy
that
may be filled by an
intermediate or
a minor political party
shall be
filled in
accordance with
the party's rules by authorized
officials of the
party.
Certification must be made as in the
manner provided for a
major
political party.
(E) If a person nominated in a primary election or pursuant
to section 3513.02 of the Revised Code as a party
candidate for
election at the next general election, whose
candidacy is to be
submitted to the electors of a subdivision
within a county,
withdraws as that candidate
or is disqualified as
that candidate
under section 3513.052 of the Revised Code, the
vacancy in the
party nomination so created may be filled by a
subdivision
committee consisting of those members of the county
central
committee or, if so authorized, those members of the
county
executive committee in that county of the major political
party
that made the nomination at that primary election who
represent
the precincts or the wards and townships within that
subdivision,
if the committee's chairperson and secretary certify
the name of
the person selected to fill the vacancy by the time
specified in
this division, at a meeting called for that purpose.
The subdivision committee meeting shall be called by the
chairperson of the county central committee or executive
committee, as appropriate, who shall give each
member of the
subdivision committee at least two days'
notice of the time,
place, and purpose of the meeting. If a
majority of the members
of
the subdivision committee are present at
the subdivision
committee
meeting, a majority of those present may
select a person
to fill
the vacancy. The chairperson and
secretary of the
subdivision
committee meeting shall certify in
writing and under
oath to the
board of the county, not later than
four p.m. of the
seventy-sixth
day before the day of the general
election, the name
of the person
selected to fill the
vacancy. The certification
must be
accompanied by the written
acceptance of the nomination by
the
person whose name is certified. A
vacancy that may be filled
by an
intermediate or a minor political
party shall be filled in
accordance with the party's rules
by authorized officials of the
party. Certification must be
made in the manner provided for a
major political party.
(F) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
withdraws as that candidate
or is disqualified as that candidate
under section 3513.052 of the Revised Code, the vacancy so created
may be filled
by a majority of the committee of five, as
designated on the
candidate's nominating petition, if a member of
that committee
certifies in writing and under oath to the election
officials
with whom the candidate filed the candidate's nominating
petition, not later
than the seventy-sixth day before the day of
the general
election, the name of the person selected to fill the
vacancy. The certification shall be accompanied by the written
acceptance of the nomination by the person whose name is
certified
and shall be made in the manner provided for a major
political
party.
(G) If a person nominated in a primary election or pursuant
to section 3513.02 of the Revised Code as a party
candidate for
election at the next general election dies, the
vacancy so created
may be filled by the same committee in the
same
manner as provided
in this section for the filling of
similar
vacancies created by
withdrawals
or disqualifications under
section 3513.052 of the
Revised Code, except that the
certification, when filling a
vacancy created by death, may not
be
filed with the secretary of
state, or with a board of the most
populous county of a district,
or with the board of a county in
which the major portion of the
population of a subdivision is
located, later than four p.m. of
the tenth day before the day of
such general election, or with any
other board later than four
p.m. of the fifth day before the day
of such general election.
(H) If a person nominated by petition as an independent or
nonpartisan candidate for election at the next general election
dies prior to the tenth day before the day of that general
election, the vacancy so created may be filled by a majority of
the committee of five designated in the nominating petition to
represent
the candidate named in it. To fill the
vacancy a member
of the committee shall, not later than four
p.m. of the fifth day
before the day of the general
election, file with the election
officials with whom the petition
nominating the person was filed,
a certificate signed and
sworn to under oath by a majority of the
members,
designating the person they select
to fill the vacancy.
The certification
must be accompanied by
the written acceptance of
the nomination by the person
whose name is so certified.
(I) If a person holding an elective office dies or resigns
subsequent to the one-hundredth day before the day of a primary
election and prior to the seventy-sixth day before the day of the
next
general election, and if, under the laws of this state, a
person
may be elected at that general election to fill the
unexpired
term of the person who has died or resigned, the
appropriate
committee of each political party, acting as in the
case of a
vacancy in a party nomination, as provided in divisions
(A) to
(D) of this section, may select a person as the party
candidate for election for such unexpired term at that general
election, and certify the person's name to the appropriate
election
official not later than four p.m. on the seventy-sixth
day before the
day of that general election, or on the tenth day
following the
day on which the vacancy occurs, whichever is later.
When the vacancy occurs on or subsequent to the seventy-sixth day
and six
or more days prior to the fortieth day before the general
election, the
appropriate committee may select a person as the
party candidate and certify
the person's name, as provided in the
preceding sentence, not later than
four p.m. on the tenth day
following the day on which
the vacancy occurs. When the vacancy
occurs fewer
than six days before the fortieth day before the
general
election, the deadline for filing shall be four p.m. on
the
thirty-sixth day before the general election. Thereupon
the
name shall be printed as the party candidate under proper
titles
and in the proper place on the proper ballots for use at the
election. If a person has been nominated in a
primary election,
the authorized committee of that political
party shall not select
and certify a person as the party
candidate.
(J) Each person desiring to become an independent candidate
to
fill the unexpired term shall file a statement of candidacy and
nominating petition, as provided in section 3513.261 of the
Revised Code, with the appropriate election official not later
than four p.m. on the tenth day following the day on which the
vacancy occurs, provided that when the vacancy occurs fewer than
six days before the fortieth day before the general election, the
deadline for filing shall be four p.m. on the thirty-sixth day
before the general election. The nominating petition shall
contain
at least seven hundred fifty signatures and no more than
one
thousand five hundred signatures of qualified electors of the
district, political subdivision, or portion of a political
subdivision in which the office is to be voted upon, or the
amount
provided for in section 3513.257 of the Revised Code,
whichever is
less.
(K) When a person nominated as a candidate by a political
party in a primary
election, pursuant to section 3513.02 of the
Revised Code, or by nominating petition for an
elective office for
which candidates are nominated at a party
primary election
withdraws, dies, or is disqualified under
section 3513.052 of the
Revised Code prior to the general
election, the appropriate
committee of
any other major political
party or committee of five
that has not nominated a
candidate for
that office, or whose
nominee as a candidate for
that office has
withdrawn, died, or
been disqualified without the vacancy so
created having been
filled, may, acting as in the case of
a
vacancy in a party
nomination or nomination by petition as
provided in
divisions (A)
to (F) of this section, whichever
is
appropriate, select a person
as a candidate of that party or of
that
committee of five for
election to the office.
Sec. 3517.01. (A)(1) A political party within the meaning of
Title XXXV of the Revised Code is any group of voters
that, at
either of
the two
most recent regular state election elections,
polled
for its
candidate for any of the offices of
governor,
secretary of state, auditor of state, treasurer of state, attorney
general, or United States senator in the this state or nominees
for presidential
electors at
least five one per cent of the entire
vote cast for
that office any of those offices or
that filed with
the secretary of state, subsequent to any
election two successive
regular state elections
in which it received less than five one
per cent of that the
vote for any of those offices, a
petition
signed by qualified electors equal in number to
at least
one-quarter of
one per cent of the total vote for governor or
nominees
for
presidential electors at the most recent regular
state
election,
declaring their
intention of organizing a
political party, the
name of which shall
be stated in the
declaration, and of
participating in the
succeeding primary
election, held in
even-numbered years, that
occurs more than one
hundred twenty seventy-five
days after the date of filing.
No such
group
of electors shall
assume a name or designation that
is
similar, in
the opinion of
the secretary of state, to that of
an
existing
political party as
to confuse or mislead the voters at
an
election. If any political party fails
to cast five one per
cent
of the total vote
cast at an election two successive regular
state
elections for one of the office of governor
or
president
offices
specified in this division, it
shall cease to be a
political
party.
(2) A campaign committee shall be legally liable for any
debts, contracts, or expenditures incurred or executed in its
name.
(B) Notwithstanding the definitions found in section
3501.01
of the Revised Code, as used in this section and
sections 3517.08
to
3517.14, 3517.99, and 3517.992 of the Revised Code:
(1)
"Campaign committee" means a candidate or a
combination
of two or more persons authorized by a candidate
under section
3517.081 of the Revised Code to receive
contributions and make
expenditures.
(2)
"Campaign treasurer" means an individual appointed by
a
candidate under section 3517.081 of the Revised Code.
(3)
"Candidate" has the same meaning as in division (H) of
section 3501.01 of the Revised Code and also includes any person
who, at any time before or after an election, receives
contributions or makes expenditures or other use of
contributions,
has given consent for another to receive
contributions or make
expenditures or other use of contributions,
or appoints a campaign
treasurer, for the purpose of bringing
about the person's
nomination or election to public office.
When two persons jointly
seek the offices of governor and lieutenant governor,
"candidate"
means the pair of candidates jointly.
"Candidate" does not
include
candidates for election to the
offices of member of a
county or
state central committee,
presidential elector, and
delegate to a
national convention or
conference of a political
party.
(4)
"Continuing association" means an association, other
than
a
campaign committee, political party, legislative campaign
fund,
political contributing entity, or labor
organization, that
is
intended to be a permanent organization that has a
primary
purpose
other than supporting or opposing specific candidates,
political
parties, or ballot issues, and that functions on a
regular basis
throughout the year. "Continuing association" includes
organizations that are determined to be not organized for profit
under subsection 501 and that are described in subsection
501(c)(3), 501(c)(4), or 501(c)(6) of the Internal Revenue Code.
(5)
"Contribution" means a loan, gift, deposit,
forgiveness
of indebtedness, donation, advance, payment, or transfer
of funds
or
anything of value, including a transfer of funds
from
an inter
vivos or testamentary trust or decedent's estate, and the
payment
by any
person other than the person to whom the services
are
rendered
for the personal services of another person, which
contribution
is made, received, or used for the purpose of
influencing the
results of an election.
Any loan, gift, deposit,
forgiveness of indebtedness, donation, advance, payment, or
transfer of funds or of anything of value, including a transfer of
funds from an inter vivos or testamentary trust or decedent's
estate, and the payment by any campaign committee, political
action committee, legislative campaign fund, political party,
political contributing entity, or person other than the person to
whom the services are rendered for the personal services of
another person, that is made, received, or used by a state or
county political party, other than moneys a state or county
political party receives from the Ohio political party fund
pursuant to section 3517.17 of the Revised Code and the moneys a
state or county political party may receive under sections
3517.101, 3517.1012, and 3517.1013 of the Revised Code, shall be
considered to be a "contribution" for the purpose of section
3517.10 of the Revised Code and shall be included on a statement
of contributions filed under that section.
"Contribution" does not
include any of the following:
(a) Services provided without compensation by individuals
volunteering a portion or all of their time on behalf of a
person;
(b) Ordinary home hospitality;
(c) The personal expenses of a volunteer paid for by that
volunteer campaign worker;
(d) Any gift given to a state or county political party
pursuant to section 3517.101 of the Revised Code. As used in
division (B)(5)(d) of this section,
"political party" means only
a
major political party;
(e) Any contribution as defined in section 3517.1011 of the
Revised Code that is made, received, or used to pay the direct
costs of producing or airing an electioneering communication;
(f) Any gift given to a state or county political party for
the party's restricted fund under division (A)(2) of section
3517.1012 of the Revised Code;
(g) Any gift given to a state political party for deposit in
a Levin account pursuant to section 3517.1013 of the Revised Code.
As used in this division, "Levin account" has the same meaning as
in that section.
(6)
"Expenditure" means the disbursement or use of a
contribution for the purpose of influencing the results of an
election or of making a charitable donation under division (G) of
section 3517.08 of the Revised Code. Any disbursement or use of a
contribution by a state or county political party is an
expenditure and shall be considered either to be made for the
purpose of influencing the results of an election or to be made as
a charitable donation under division (G) of section 3517.08 of the
Revised Code and shall be reported on a statement of expenditures
filed under section 3517.10 of the Revised Code. During the thirty
days preceding a primary or general election, any disbursement to
pay the direct costs of producing or airing a broadcast, cable, or
satellite communication that refers to a clearly identified
candidate shall be considered to be made for the purpose of
influencing the results of that election and shall be reported as
an expenditure or as an independent expenditure under section
3517.10 or 3517.105 of the Revised Code, as applicable, except
that the information required to be reported regarding
contributors for those expenditures or independent expenditures
shall be the same as the information required to be reported under
divisions (D)(1) and (2) of section 3517.1011 of the Revised Code.
As used in this division, "broadcast, cable, or satellite
communication" and "refers to a clearly identified candidate" have
the same meanings as in section 3517.1011 of the Revised Code.
(7)
"Personal expenses" includes, but is not limited to,
ordinary expenses for accommodations, clothing, food, personal
motor vehicle or airplane, and home telephone.
(8)
"Political action committee" means a combination of
two
or more persons, the primary or major purpose of
which is
to
support or oppose any candidate, political party, or issue, or
to
influence the result of any election through express advocacy, and
that is
not a political
party, a campaign committee, a political
contributing entity,
or a
legislative campaign fund. "Political
action committee" does not include either of the following:
(a) A continuing association that makes disbursements for the
direct costs of producing or airing electioneering communications
and that does not engage in express advocacy;
(b) A political club that is formed primarily for social
purposes and that consists of one hundred members or less, has
officers and periodic meetings, has less than two thousand five
hundred dollars in its treasury at all times, and makes an
aggregate total contribution of one thousand dollars or less per
calendar year.
(9)
"Public office" means any state, county, municipal,
township, or district office, except an office of a political
party, that is filled by an election and the offices of United
States senator and
representative.
(10)
"Anything of value" has the same meaning as in
section
1.03 of the Revised Code.
(11)
"Beneficiary of a campaign fund" means a candidate, a
public official or employee for whose benefit a campaign fund
exists, and any other person who has ever been a candidate or
public official or employee and for whose benefit a campaign fund
exists.
(12)
"Campaign fund" means money or other property,
including
contributions.
(13)
"Public official or employee" has the same meaning as
in
section 102.01 of the Revised Code.
(14)
"Caucus" means all of the
members of the house of
representatives or all of the members of
the senate of the general
assembly who are members of the same
political party.
(15)
"Legislative campaign fund" means a fund that is
established as an auxiliary of a state political party and
associated with one
of the houses of the general assembly.
(16)
"In-kind contribution" means anything of
value other
than money that is used to influence the results of
an election or
is transferred to or used in support of or in
opposition to a
candidate, campaign committee, legislative
campaign fund,
political party, political action committee, or political
contributing entity and
that is made with the consent of, in
coordination, cooperation,
or consultation with, or at the request
or suggestion of the
benefited candidate, committee, fund, party,
or entity. The financing of
the
dissemination, distribution, or
republication, in whole or part,
of any broadcast or of any
written, graphic, or other form of
campaign materials prepared by
the candidate, the
candidate's campaign committee, or their
authorized agents is an in-kind
contribution to the candidate and
an expenditure by the candidate.
(17)
"Independent expenditure" means an
expenditure by a
person advocating the election or
defeat of an identified
candidate or candidates, that is
not made with
the consent of, in
coordination, cooperation, or consultation
with, or at the request
or suggestion of any candidate or
candidates or of the campaign
committee or agent of the candidate
or candidates. As used in
division (B)(17) of this section:
(a)
"Person" means an individual,
partnership,
unincorporated
business organization or association,
political
action committee,
political contributing entity,
separate
segregated
fund,
association, or other organization or group
of persons,
but not a
labor organization or a corporation unless the labor organization
or corporation is a political contributing entity.
(b)
"Advocating" means any
communication containing a
message
advocating election or defeat.
(c)
"Identified candidate"
means that the name of the
candidate appears, a photograph or
drawing of the candidate
appears, or the identity of the
candidate is otherwise apparent by
unambiguous reference.
(d)
"Made in coordination, cooperation, or
consultation
with,
or at the request or suggestion of, any
candidate or the
campaign
committee or agent of the
candidate" means made pursuant
to any
arrangement,
coordination, or direction by the candidate,
the
candidate's
campaign committee, or the candidate's agent prior
to
the
publication, distribution,
display, or broadcast of the
communication. An expenditure is
presumed to be so made when it
is
any of the following:
(i) Based on information about the candidate's
plans,
projects, or needs provided to the person making the
expenditure
by the candidate, or by the candidate's campaign
committee or
agent, with a view toward having an expenditure
made;
(ii) Made by or through any person who is, or
has been,
authorized to raise or expend funds, who is, or has
been, an
officer of the candidate's campaign committee, or who
is, or has
been, receiving any form of compensation or
reimbursement from the
candidate or the candidate's campaign
committee or agent;
(iii) Except as otherwise provided in division (D) of section
3517.105 of the Revised Code, made by a political party in support
of a
candidate,
unless the expenditure is made by a political
party to
conduct
voter registration or voter education efforts.
(e)
"Agent" means any person who has
actual oral or written
authority, either express or implied, to
make or to authorize the
making of expenditures on behalf of a
candidate, or means any
person who has been placed in a position
with the candidate's
campaign committee or organization such that
it would reasonably
appear that in the ordinary course of
campaign-related activities
the person may authorize
expenditures.
(18)
"Labor organization" means a labor
union; an employee
organization; a federation of labor unions,
groups, locals, or
other employee organizations; an auxiliary of
a labor union,
employee organization, or federation of labor unions, groups,
locals, or other employee organizations; or any other bona fide
organization in
which employees participate and that exists for
the purpose, in
whole or in part, of dealing with employers
concerning
grievances, labor disputes, wages, hours, and other
terms and
conditions of employment.
(19)
"Separate segregated fund" means a
separate segregated
fund established pursuant to the
Federal Election Campaign
Act.
(20)
"Federal Election Campaign Act" means
the
"Federal
Election Campaign Act
of 1971," 86 Stat. 11, 2 U.S.C.A. 431, et
seq., as amended.
(21)
"Restricted fund" means the fund a state or county
political party must establish under division (A)(1) of section
3517.1012 of the Revised Code.
(22) "Electioneering communication" has the same meaning as
in section 3517.1011 of the Revised Code.
(23) "Express advocacy" means a communication that contains
express words advocating the nomination, election, or defeat of a
candidate or that contains express words advocating the adoption
or defeat of a question or issue, as determined by a final
judgment of a court of competent jurisdiction.
(24) "Political committee" has the same meaning as in section
3517.1011 of the Revised Code.
(25) "Political contributing entity" means any entity,
including a corporation or labor organization, that may lawfully
make contributions and expenditures and that is not an individual
or a political action committee, continuing association, campaign
committee, political party, legislative campaign fund, designated
state campaign committee, or state candidate fund. For purposes of
this division, "lawfully" means not prohibited by any section of
the Revised Code, or authorized by a final judgment of a court of
competent jurisdiction.
Sec. 3517.012. When a petition meeting the requirements of
section 3517.01 of
the Revised Code declaring the intention to
organize a political party is
filed with the secretary of state,
the new party comes into legal existence on
the date of filing and
is entitled to hold a primary election as set out in
section
3513.01 of the Revised Code, at the primary election, held in
even-numbered years that occurs more than one hundred twenty
seventy-five days after the
date of filing. If the secretary of
state determines that the petition is invalid or insufficient, no
primary election shall be held for the political party named in
the petition, and any declaration of candidacy that was filed by
any candidate seeking that party's nomination at the primary
election shall be invalid.
Sec. 3517.02. All members of controlling committees of a
major or intermediate political party shall be elected by direct
vote of the members of the party, except as otherwise provided in
section 3517.05 of the Revised Code. Their names shall be placed
upon the official ballot, and, notwithstanding division (B) of
section 3513.23 of the Revised Code, the persons receiving the
highest
number of votes for
committeepersons shall be
the
members
of
those controlling committees. Each member of
a controlling
committee shall be a resident and qualified
elector of the
district, ward, or precinct
that the
member is elected to
represent. All members of controlling
committees of a minor
political party
shall be determined in
accordance with party
rules.
Each political party shall file with the office of the
secretary of state a copy of its constitution and bylaws, if any,
within thirty days of adoption or amendment. Each
party
shall also
file with the office of the secretary of state a list
of members
of its controlling committees and other party
officials within
thirty days of their election or appointment.
Sec. 3517.03. The controlling committees of each major
political party or organization shall be a state central
committee
consisting of two members, one a man and one a woman,
representing
either each congressional district in the state or
each senatorial
district in the state, as the outgoing committee
determines; a
county central committee consisting of one member
from each
election precinct in the county, or of one member from
each ward
in each city and from each township in the county, as
the outgoing
committee determines; and such district, city,
township, or other
committees as the rules of the party provide.
All the members of such committees shall be members of the
party and shall be elected for terms of either two or four years,
as determined by party rules, by direct vote at the primary held
in an even-numbered year.
Except as otherwise provided
in section
3517.02 of the Revised Code, candidates for election as
state
central committee members shall be elected at primaries in
the
same manner as provided in sections 3513.01 to 3513.32 of the
Revised Code for the nomination of candidates for office in a
county. Candidates for election as members of the county central
committee shall be elected at primaries in the same manner as
provided in
those sections for the nomination of candidates
for
county offices, except as otherwise provided in
sections 3513.051
and 3517.02
of the
Revised Code.
Each major party controlling committee shall elect an
executive committee
that shall have
the powers
granted
to it by
the party controlling committee, and
provided
to it by
law. When a
judicial, senatorial, or
congressional district is
comprised of
more than one county, the
chairperson and
secretary of the county
central committee from
each county in
that district
shall
constitute the judicial,
senatorial, or congressional
committee of
the district. When
a judicial, senatorial, or
congressional
district is included
within a county, the county
central committee
shall constitute the
judicial, senatorial, or
congressional
committee of
the
district.
The controlling committee of each intermediate political
party or organization shall be a state central committee
consisting of two members, one a man and one a woman, from each
congressional district in the state. All members of
the
committee
shall be members of the party and shall be elected by
direct vote
at the primary held in the even-numbered years.
Except as
otherwise provided in section 3517.02 of the
Revised Code,
candidates for election shall be elected at the
primary in the
same manner as provided in sections 3513.01 to
3513.32 of the
Revised Code. An intermediate political party may
have such
other
party organization as its rules provide. Each
intermediate
party
shall file the names and addresses of its
officers with the
secretary of state.
A minor political party may elect controlling committees at
a
primary election in the even-numbered year by filing a plan for
party organization with the secretary of state on or before the
ninetieth day before the day of the primary election.
The
plan
shall specify which offices are to be elected and provide the
procedure for qualification of candidates for
those offices.
Candidates to be elected pursuant to
the plan shall be
designated
and qualified on or before the ninetieth
day
before the day of the
election. Such parties may, in lieu of
electing a controlling
committee or other officials, choose such
committee or other
officials in accordance with party rules. Each
such party
shall
file the names and addresses of members of
its
controlling
committee and party officers with the secretary
of
state.
Sec. 3521.03. When a vacancy in the office of
representative
to congress
occurs, the governor, upon
satisfactory information
thereof, shall issue a writ
of election
directing that a special
election be held to fill such vacancy in
the territory entitled to
fill it on a day specified in the writ.
Such writ
shall be
directed to the board of elections within such
territory which
shall
give notice of the time and places of
holding such election
as provided in
section 3501.03 of the
Revised Code. Such election
shall be held and
conducted and
returns thereof made as in case of
a regular state election or
may be conducted as an election by mail under Chapter 3507. of the
Revised Code. The
state shall pay all costs of any
special
election held under this
section.
Sec. 3599.121. (A) No person shall do either of the
following:
(1) Challenge an elector's right to vote under section
3503.24 or 3505.20 of the Revised Code unless the person knows or
reasonably believes that the challenged elector is not qualified
and entitled to vote; or
(2) Challenge an elector's right to vote for any reason other
than those set forth in section 3503.24 or 3505.20 of the Revised
Code.
(B) Whoever knowingly violates division (A) of this section
is guilty of a misdemeanor of the first degree.
Sec. 3599.191. (A) No judge of elections shall do either of
the following:
(1) Challenge an elector's right to vote under section
3509.07 or 3513.19 of the Revised Code unless the judge of
elections knows or reasonably believes that the challenged elector
is not qualified and entitled to vote; or
(2) Challenge an elector's right to vote for any reason other
than those set forth in section 3509.07 or 3513.19 of the Revised
Code.
(B) Whoever knowingly violates division (A) of this section
is guilty of a misdemeanor of the first degree.
Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person
licensed as a commercial motor vehicle driver under
Chapter 4506.
of the Revised Code need procure a driver's
license, but no person
shall drive any commercial motor vehicle
unless licensed as a
commercial motor vehicle driver.
Every driver's license shall display on it the distinguishing
number assigned to the licensee and shall display the licensee's
name
and date of birth;
the licensee's residence address and
county of
residence; a color photograph of the licensee; a brief
description
of the
licensee for the purpose
of identification; a
facsimile of
the signature of the licensee
as it appears on the
application for
the license; a notation, in a
manner
prescribed by
the registrar, indicating
any condition
described in
division
(D)(3) of section 4507.08 of the
Revised
Code
to which
the
licensee is subject; if the licensee has
executed a durable
power
of attorney for health care or a
declaration governing the
use or
continuation, or the withholding
or withdrawal, of
life-sustaining
treatment and has specified that
the licensee
wishes the license
to indicate that the
licensee has
executed
either type of
instrument, any symbol chosen by the
registrar to
indicate that
the licensee has executed either type
of instrument;
on and after
October 7, 2009, if the
licensee has specified that the
licensee
wishes
the license to
indicate that the licensee is a veteran,
active duty, or reservist of
the
armed forces of the United
States and
has presented a copy of
the licensee's DD-214 form or
an
equivalent document, any symbol
chosen by the registrar to
indicate that the licensee is a veteran, active duty, or reservist
of
the
armed forces of the United
States; and any
additional
information that the registrar
requires
by
rule.
No license
shall
display the
licensee's social
security
number unless the licensee
specifically requests
that the
licensee's social security number
be displayed on the license.
If
federal law requires the
licensee's social security number to
be
displayed
on the license,
the social security number shall be
displayed on the license
notwithstanding
this section.
No license shall display on its face
any administrative number other than the distinguishing number
assigned to the licensee; if the registrar requires any
administrative number to be printed on a driver's license, that
number shall appear only on the reverse side of the license.
The driver's license for licensees under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a licensee who is twenty-one
years of age or older, except that a
driver's license issued to a
person who applies no more than thirty days
before the applicant's
twenty-first birthday shall have the characteristics of
a license
issued to a person who is twenty-one years of age
or older.
The driver's license issued to a temporary resident shall
contain the word
"nonrenewable" and shall have any additional
characteristics prescribed by the
registrar distinguishing it from
a license issued to a resident.
Every driver's or commercial driver's license displaying
a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall display the designation
"novice," if the endorsement or license is issued to a person who
is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license.
Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material.
(B) Except in regard to a driver's license issued to a
person
who applies no
more than thirty days before the applicant's
twenty-first birthday, neither
the registrar nor any deputy
registrar shall
issue a driver's license to anyone under
twenty-one years of age that does not
have the characteristics
prescribed by the registrar distinguishing it from
the driver's
license issued to persons who are twenty-one years of age or
older.
(C)
Whoever violates division (B) of this section is
guilty
of a minor misdemeanor.
Sec. 4507.52.
(A) Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall
display a
distinguishing number assigned to the cardholder, and shall
display the following inscription:
"STATE OF OHIO IDENTIFICATION CARD
This card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing
the
identity of the bearer described on the card, who currently
is
not
licensed to operate a motor vehicle in the state of Ohio."
The identification card shall display substantially the
same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code,
but shall
not display the cardholder's social security number
unless the
cardholder
specifically requests that the cardholder's
social
security number
be
displayed on the card. If federal
law
requires
the
cardholder's social
security number to be
displayed
on the
identification card, the social
security number
shall be
displayed
on the card notwithstanding
this section. The
identification
card
also
shall
display the color photograph of the
cardholder.
If
the
cardholder
has executed a
durable power of
attorney for
health
care or a
declaration
governing the use or
continuation, or
the
withholding
or
withdrawal, of life-sustaining
treatment and
has
specified that
the cardholder wishes the
identification
card
to
indicate that the
cardholder has
executed
either type of
instrument, the card also
shall
display
any symbol
chosen by the
registrar to indicate that
the
cardholder has
executed either type
of instrument. On and after October 7, 2009, if the
cardholder
has
specified that the cardholder
wishes the
identification
card to
indicate that the cardholder is
a veteran, active duty,
or reservist
of the
armed forces of the United
States and has
presented a copy
of
the cardholder's DD-214 form
or
an
equivalent document, the
card also shall display any
symbol
chosen by the registrar to
indicate that the cardholder
is a
veteran, active duty, or reservist
of the armed forces of the
United
States. No identification card shall display on its face
any administrative number other than a distinguishing number
assigned to the cardholder; if the registrar requires any
administrative number to be printed on an identification card,
that number shall appear only on the reverse side of the card. The
card
shall be
sealed in
transparent plastic
or
similar
material
and
shall be so
designed
as to prevent its
reproduction
or
alteration
without
ready
detection.
The identification card for persons under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a person who is twenty-one
years of age or older, except that an
identification card issued
to a person who applies no more than thirty days
before the
applicant's twenty-first birthday shall have the characteristics
of
an identification card issued to a person who is twenty-one
years of age or
older.
Every identification card issued to a resident of this state
shall
expire, unless canceled or
surrendered earlier, on the
birthday of the cardholder in the
fourth year after the date on
which it is issued. Every identification
card issued to a
temporary resident shall expire in accordance with rules
adopted
by the registrar and is nonrenewable, but may be replaced with a
new
identification card upon the applicant's compliance with all
applicable
requirements. A cardholder
may renew the cardholder's
identification card within
ninety days prior to the day on which
it expires by filing an
application and paying the prescribed fee
in accordance with section 4507.50
of the Revised Code.
If a cardholder applies for a driver's or commercial
driver's
license in this state or another licensing jurisdiction,
the
cardholder shall surrender the
cardholder's identification card to
the registrar or
any deputy registrar before the license is
issued.
(B) If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following:
(1) Furnishing suitable proof of the loss, destruction,
or
mutilation to the registrar or a deputy registrar;
(2) Filing an application and presenting documentary
evidence
under section 4507.51 of the Revised Code.
Any person who loses a card and, after obtaining a
duplicate,
finds the original, immediately shall surrender
the original to
the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by
furnishing
suitable proof
of the change to the registrar or a deputy
registrar and
surrendering the cardholder's existing card.
When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall
pay a fee of
two dollars
and fifty cents. A deputy registrar shall be allowed
an
additional fee of
two dollars
and seventy-five cents
commencing
on July 1, 2001,
three dollars and twenty-five cents
commencing on
January 1, 2003,
and three dollars and fifty cents
commencing on
January 1, 2004,
for
issuing a duplicate or
replacement
identification card.
A
disabled veteran who is a
cardholder and
has a
service-connected
disability rated at one
hundred per cent
by
the veterans'
administration may apply to
the
registrar or a
deputy registrar
for the issuance of a
duplicate or
replacement
identification card
without payment of
any fee
prescribed in this
section, and without
payment of any
lamination
fee if the disabled
veteran would not be
required to
pay a
lamination fee in
connection with the issuance
of an
identification card or
temporary identification card as
provided
in division (B) of
section
4507.50 of the Revised
Code.
A duplicate or replacement identification card shall expire
on the same date as the card it replaces.
(C) The registrar shall cancel any card upon determining that
the
card was obtained unlawfully, issued in error, or was
altered.
The
registrar also shall cancel any card that
is surrendered to
the
registrar or to a deputy registrar after the holder has
obtained a
duplicate, replacement, or driver's or commercial
driver's
license.
(D)(1) No agent of the state or its political subdivisions
shall
condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly
operated
or franchised transit system from using an
identification
card for
the purpose of granting benefits or
services of the
system.
(2) No person shall be required to apply for, carry, or
possess
an identification card.
(E) Except in regard to an identification card issued to
a
person who applies no more than thirty days before the
applicant's
twenty-first birthday, neither the registrar nor any
deputy
registrar
shall issue an identification card to a person
under
twenty-one years of age
that does not have the
characteristics
prescribed by the registrar
distinguishing it from
the
identification card issued to persons who are
twenty-one years
of
age or older.
(F)
Whoever violates division (E) of this section is
guilty
of a minor misdemeanor.
Section 2. That existing sections 3501.01, 3501.02, 3501.03,
3501.05,
3501.07,
3501.10, 3501.11, 3501.17, 3501.18, 3501.21,
3501.30, 3501.38,
3503.01,
3503.04, 3503.06, 3503.10, 3503.11,
3503.14, 3503.15, 3503.16,
3503.19,
3503.21, 3503.24, 3503.28,
3505.03, 3505.04, 3505.06,
3505.062, 3505.08,
3505.10, 3505.12,
3505.13,
3505.18,
3505.181,
3505.182, 3505.183,
3505.20,
3505.21,
3505.23, 3505.28, 3505.30,
3506.11, 3506.12,
3506.21,
3509.01,
3509.02, 3509.03, 3509.031,
3509.04, 3509.05,
3509.06,
3509.08,
3509.09,
3511.02, 3511.04,
3511.05, 3511.06,
3511.08,
3511.10,
3511.11, 3511.13, 3513.05,
3513.19, 3513.30,
3513.31,
3517.01,
3517.012,
3517.02, 3517.03,
3521.03, 4507.13,
and
4507.52 and
sections 3503.18, 3505.19,
3505.22, 3506.13,
3509.07, 3511.07,
3511.09, 3511.12, and
3513.20
of the Revised
Code are hereby
repealed.
Section 3. (A) As used in this section, "county vote center"
means a polling location at which any person registered to vote in
a county may appear to cast a ballot on the day of a general
election, regardless of the location of the precinct within the
county in which the person resides.
(B)(1) The Secretary of State may implement a pilot project
to evaluate the use of county vote centers for general elections
for state and county office in the year 2010 as an alternative to
operating precinct polling places.
(2) A board of elections that desires to participate in the
pilot project authorized by this section shall hold a public
hearing regarding the county's potential participation in the
pilot project. The board of elections shall submit a transcript or
audio and video recording of the public comments made at the
hearing to the Secretary of State. The Secretary of State may
consider the public comments when selecting counties to
participate in the pilot project.
(C)(1) If the Secretary of State implements a pilot project
under this section, the Secretary of State shall select one or
more counties to participate in the project that meet all of the
following requirements:
(a) The county board of elections has held a public hearing
as required under division (B)(2) of this section and submitted
the required information to the Secretary of State;
(b) The county board of elections has implemented a
computerized voter registration list that allows an election
official at the county vote center to verify that a person who
appears to vote at the county vote center has not otherwise voted
in the same election; and
(c) The Secretary of State has determined that the county has
the appropriate capabilities to implement county vote centers.
(2) In selecting one or more counties for participation in a
pilot project under this section, the Secretary of State shall
attempt to include counties of diverse geography, population,
race, and location within the state, to the extent practicable.
(D) Following the conclusion of the pilot project, and not
later than January 1, 2011, the Secretary of State shall file a
report regarding the pilot project with the Speaker of the House
of Representatives and the President of the Senate. The report may
include the Secretary of State's recommendations on the future use
of county vote centers and suggestions for permanent statutory
authority regarding county vote centers.
Section 4. (A) Notwithstanding any provision of Chapter 3509.
or 3511. of the Revised Code to the contrary, the Secretary of
State may implement a pilot project to evaluate the effectiveness
and reliability of transmitting unvoted absent voter's ballots and
unvoted armed service absent voter's ballots by secure electronic
transmission to voters who are eligible to vote those ballots
under the "Uniformed and Overseas Citizens Absent Voting Act,"
Pub.
L. No. 99-410, 100 Stat. 924, 42 U.S.C. 1973ff, et seq., as
amended. Any pilot project implemented under this section shall be
concluded not later than December 1, 2010.
(B) If the Secretary of State implements a pilot project
under this section, the Secretary of State shall select one or
more counties to participate in the project. In selecting one or
more counties for participation in a pilot project under this
section, the Secretary of State shall do both of the following:
(1) Select counties that have the necessary technological
means to transmit ballots by secure electronic transmission; and
(2) Attempt to include counties of diverse geography,
population, race, and location within the state, to the extent
practicable.
(C) Following the conclusion of the pilot project, and not
later than January 1, 2011, the Secretary of State shall file a
report regarding the pilot project with the Speaker of the House
of Representatives and the President of the Senate. The report may
include the Secretary of State's recommendations on the
future
use of secure electronic transmission of unvoted absent voter's
ballots and armed service absent voter's ballots and suggestions
for permanent statutory authority regarding such electronic ballot
transmission.
Section 5. The General Assembly, applying the principle
stated in division (B) of section 1.52 of the Revised Code that
amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the following section,
presented in this act as a composite of the section as amended by
the acts indicated, is the resulting versions of the section in
effect prior to the effective date of the section as presented in
this act:
Section 3509.05 of the Revised Code as amended by both Am.
Sub. H.B. 350 and Am. Sub. H.B. 562 of the
127th General
Assembly.