As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 260


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:
(1) Secretary of state;
(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;
(ii) An institution;
(iii) A business; or
(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:
(1) The voter's name;
(2) The voter's address;
(3) The current date;
(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;
(2) A county treasurer;
(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:
(i) The voter's name;
(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;
(c) Date of birth;
(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;
(2) A county treasurer;
(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:
(a) The elector's name;
(b) The elector's address;
(c) The current date;
(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
STATE OF OHIO
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."
(Signature of Voter)
(Voter's date of birth)

The last four digits of the voter's social security number
(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:
Voter's former address if photo identification does not contain voter's current address
Voter's driver's license number or, if not provided above, the last four digits of voter's social security number
(Please circle number type)
(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: .....)
(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?
(3) Where were you born?
(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:
(1) The elector's name;
(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:
(1) The elector's name;
(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:
"Instructions to voter:
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.
(Signature of voter)"

(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.